Posted on 12/10/2010 5:32:14 PM PST by moonshinner_09
WASHINGTON - Three Columbian nationals each were sentenced yesterday to 23 months in federal prison for their roles in a conspiracy to smuggle aliens for profit and conspiracy to commit visa fraud in an extensive and sophisticated visa fraud scheme through which they fraudulently procured visas from the U.S. Embassy in Bogotá, Colombia. This investigation was led by the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI).
Heliber Toro Mejia, 52; Humberto Toro Mejia, 60; and Luz Elena Acuna Rios, 53; all of Bogotá, was sentenced to serve three years of supervised release following their sentence. In addition, removal orders were issued for all the defendants.
The defendants pleaded guilty on Sept. 29, 2010, to one count of conspiracy to commit alien smuggling for profit and one count of conspiracy to commit visa fraud. They were charged in a three-count indictment in the District of Columbia on Feb. 4, 2009. The defendants were arrested on June 2, 2009, by Colombian authorities in Bogotá on provisional arrest warrants in response to a U.S. government request for their arrest and were subsequently extradited to the United States for prosecution.
According to court documents, Heliber Toro Mejia, Humberto Toro Mejia and Luz Elena Acuna Rios admitted that they operated an extensive and sophisticated visa fraud ring that profited by assisting otherwise inadmissible Colombian nationals in fraudulently procuring visas from the U.S. Embassy in Bogotá. Plea documents reveals to support the visa applications of alien applicants, the defendants and other conspirators created fictitious backgrounds for the aliens and fraudulent supporting documentation, including paperwork that appeared to be official Colombian government-issued documents such as tax filings and birth and marriage certificates, property ownership records, and corporation documents. The conspirators coached the aliens on how to pass the visa interview at the U.S. Embassy in Bogotá by answering questions untruthfully as well as how to lie to U.S. immigration authorities about their backgrounds when entering the United States. The defendants admitted to assisting more than 100 aliens in fraudulently obtaining or attempting to fraudulently obtain a U.S. visa during the course of the conspiracy. Many of those aliens who did obtain a fraudulently-procured visa used that visa to enter the United States.
There are several reasons why a naturalized US citizen could lose his or her US citizenship. newcitizen.us feels it’s important to summarize these reasons. As a naturalized citizen, you went to all the trouble to get your US citizenship in the first place. newcitizen.us would hate to see you lose it merely because you did something wrong you did not know about.
Involuntarily Losing Your US Citizenship (Denaturalization) Both the State Department and the USCIS have specfic laws and regulations they must follow in determining whether someone’s US citizenship should be taken away.
1. Convicted For An Act Of Treason Against The United States Treason is a serious crime, and the Constitution defines the requirements for convicting someone of treason. Treason is waging a violent war against the United States in cooperation with a foreign country or any organized group. It includes assisting or aiding any foreign country or organization in taking over or destroying this country including abolishing the Constitution. Treason also consists of attempting by overt acts to overthrow the US government or of betraying our government into the hands of a foreign power. If you are caught and convicted of treason, you can pretty much count on losing your US citizenship as well as serving lots of jail time.
2. Holding A Policy Level Position In A Foreign Country If you become an elected official or hold a policy-level position (like an ambassador, cabinet minister, or any high level administrative position where you make government policy) in your native country or a foreign country, you run the risk of losing your US citizenship. On the other hand, if you hold a non-policy level job like working in your native country’s embassy or working for your native country’s government in an advisory or purely administrative capacity, you run little risk of jeopardizing your US citizenship. For further information, see the State Department’s circular: ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP AND SEEKING PUBLIC OFFICE IN A FOREIGN STATE.
3. Serving In Your Native Country’s Armed Forces If That Country Is Engaged In Hostilities Or At War With The United States. If your native country is engaged in hostile actions or is at war with America you need to be extremely careful. The US government will attempt to take away your US citizenship if they find out you are either aiding or serving in your native country’s armed forces in any capacity. Alternatively, the US government could try to nail you with a treason conviction and then strip you of your US citizenship.
4. Serving In Your Native Country’s Armed Forces As An Officer Or A Non-Commissioned Officer. If your native country is not at war with or engaged in hostilities towards the US, then serving in your native country’s armed forces is OK as long as you are not an officer or non-commissioned officer (usually the rank of sergeant or above). Serving as a civilian worker in your native country’s armed forces, or serving as an enlisted man or women are generally acceptable. For further information, see the State Department’s circular: ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP AND FOREIGN MILITARY SERVICE.
The State Department has set several administrative guidelines for dual citizens to follow in order to avoid losing their US citizenship (ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP AND DUAL NATIONALITY ). The four reasons for losing US citizenship cited above were taken from these guidelines.
newcitizen.us strongly suggests that you carefully review these guidelines if you are planning on maintaining dual citizenship. As you review the guidelines keep in mind that the State Department is primarily referring to native-born US citizens who become dual citizens by being naturalized in another foreign country. The guidelines are also applicable to naturalized US citizens who maintain their original citizenship.
5. Lying To The USCIS During The Naturalization Process If you deliberately withheld information from or misrepresented information given to the USCIS or INS when filing your N-400, the USCIS may cancel your Certificate of Naturalization and revoke your US citizenship. This includes withholding information and misrepresenting yourself during your naturalization interview or oath ceremony. If your Certificate of Naturalization is cancelled and your US citizenship revoked, you may also find yourself facing criminal prosecution as well as deportation proceedings. For example, if you lived outside the country for four months and deliberately omitted this absence from your N-400 and the USCIS finds out about it after you’re naturalized, they could move to have your Certificate of Naturalization cancelled. All they would need to show is that your absence would have disqualifed you from or materially affected your naturalization due to the “physical presence in the United States” requirement for naturalization applicants. You may also lose your US citizenship if you withheld information or misled the USCIS or INS when becoming a permanent resident. If within five years of becoming a permanent resident, the USCIS finds out that you withheld information from them or misled them in order to obtain your green card, the USCIS may also strip you of your US citizenship. Of course, after five years from becoming a permanent resident, the only way the USCIS would be able to take away your US citizenship would be if you withheld or misrepresented yourself during the naturalization process.
The above examples illustrates why you need to be both truthful and accurate when filing for naturalization and permanent residency. You don’t want to give the USCIS any ammunition they could use against you later if they or someone else (like a politician or government bureaucrat) is looking for any means to get rid of you.
6. Refusal To Testify Before Congress About Your Subversive Activities newcitizen.us included this legal provision for completeness. If you refuse to testify before Congress within ten years of being naturalized regarding your involvement in any subversive activities, the Attorney General can move to have your US citizenship revoked [ 8 USC 1451(a) ]. Subversive activities are not well defined but include activities such as spying, belonging to a terrorist or other organization wanting to overthrow the US, or other activities aimed at undermining our government [50 USC 783 & 843, 18 USC Ch. 115]. Of course, if you do testify before Congress about your subversive activities, you may still lose your citizenship if your testimony is later used to convict you of treason. US Courts and Immigration Attorneys as Safeguards
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Fortunately, it’s not as easy to take away your citizenship and Certificate of Naturalization as the law reads. Even if you were not entirely truthful or forthcoming during the naturalization process, the USCIS just can’t arbitrarily revoke your citizenship. Citizenship is one of those fundamental rights that our third branch of government (the judicial branch) takes very seriously. It appears the USCIS runs into difficulty with the federal courts when the USCIS revokes someone’s citizenship without giving the accused his or her day in court (no matter how blatant the violation of the law, see - Challenge to INS Denaturalization Procedure ).
In other words, the only way you are going to lose your US citizenship and Certificate of Naturalization is in a federal court and by a federal judge, who is appointed for life, makes good money, and is answerable to no politician or government bureaucrat no matter how on popular the judge's decision turns out to be.
If any of these situations listed apply to you now or could in the future, newcitizen.us strongly suggests you seek the legal advice of an immigration attorney experienced in US citizenship law. Your US citizenship is too valuable to risk losing because you don’t fully understand the law and the possible consequences of your actions. --SNIP--
More at www/newcitizen.us
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