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BIA Dismisses Appeal After Finding N‑550 Does Not Confer Citizenship Status if Acquired Unlawfully

The BIA found the respondent removable, holding that it is not necessary to show his intent in order to establish that he is deportable for making a false representation of U.S. citizenship, and also because a Form N‑550 does not confer citizenship status if it is acquired unlawfully.

DOJ Secures First Denaturalization as a Result of Operation Janus

The Department of Justice (DOJ) announced that a judge revoked the naturalized U.S. citizenship of Baljinder Singh and canceled his Certificate of Naturalization, reverting him to lawful permanent resident status and rendering him potentially subject to removal proceedings at DHS’s discretion. This case was the first denaturalization to result from the DHS initiative Operation Janus.

Court Finds Dominican Petitioner Born to Unwed Parents Is Not Eligible for Derivative Citizenship Through His Father’s Naturalization

The Second Circuit upheld the BIA’s decision affirming the IJ’s finding that the LPR petitioner, who was born in the Dominican Republic to unwed parents, was ineligible for derivative citizenship through his father’s naturalization, because he was not a legitimated “child” as the term is defined in INA §101(c)(1) and used in former INA §321(a).

Court Upholds District Court’s Denial of Naturalization Due to Unauthorized Employment

The Eighth Circuit held that the district court did not err in relying on the petitioner’s certified naturalization application, his sworn statements, and corroborating letters, when it denied his naturalization petition on the grounds that he had violated the terms of his religious worker visa by accepting employment before receiving authorization to do so.

Court Finds Government Met Its Burden of Proving Petitioner’s Alienage

Sometimes fighting in Court as to whether you are a U.S. Citizen is not nearly as easy as it might seem.

The Ninth Circuit denied the petition for review, finding that the government satisfied its burden to rebut the petitioner’s claim of citizenship by “clear, unequivocal, and convincing” evidence. In a divided decision, the en banc court affirmed the district court’s determination that the petitioner is not a United States citizen, and is thus deportable.

Application for Naturalization Granted

Application for U.S. citizenship granted for client with a conviction for lewd acts which occurred 1 year after he received his green card.

Another Win for Law Offices of Brian D. Lerner

Naturalization application approved for permanent resident with 3 DUIs and a drug conviction.

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