Citizenship Fraud Defense Attorneys in Miami

Dedicated Representation for Clients in Miami-Dade County & Beyond

Citizenship is the ultimate goal of most legal permanent residents. Citizenship provides great benefits including the right to vote, own a firearm, and protection from deportation.

However, citizenship can be taken away if it was entered into by fraudulent means or if an individual makes a false claim to U.S. citizenship. In fact, the U.S. government has taken more of an aggressive approach towards denaturalization and prosecuting false claims to citizenship than ever before. On June 13, 2018, the Trump Administration announced that it was creating a task force whose only responsibility would be to investigate citizenship fraud.

If you or your loved one is facing charges of citizenship fraud, contact Hubbs Law Firm at (305) 570-4802 to speak to our Miami citizenship fraud defense attorneys today. 

Citizenship Fraud vs. False Claims to Citizenship

A false claim to citizenship does not necessarily involve an individual who is applying for citizenship. An individual who makes a false claim to citizenship could represent himself as a citizen for the purposes of voting, working, applying for a loan application, or applying for a U.S. passport.

In contrast, citizenship fraud involves someone who knowingly procures or attempts to procure citizenship through fraudulent means. For example, an individual could use a false name, false alien registration number, fail to disclose a prior criminal conviction, fail to disclose a prior misrepresentation, or fail to disclose a prior order of removal. Any of these omissions could be used by the government to argue that the individual procured or attempted to procure citizenship by fraud.

False claims to citizenship is a federal criminal charge with sanctions including incarceration, probation, fines, and mandatory immigration consequences. A false claim to citizenship is one of the most serious immigration violations as it imposes a mandatory permanent bar on entering the United States and there are no available waivers.

Elements of False Claims to Citizenship

Citizenship fraud is commonly referred to as “False Claims to Citizenship” or “False Impersonation of a Citizen.” The crime can be federally prosecuted under either 18 U.S.C. 911 or 18 U.S.C. 1015.

To prove the crime of citizenship fraud, the government must prove beyond a reasonable doubt that the defendant:

• Was an alien at the time of the alleged incident;
• Falsely claimed to be a united states citizen, and;
• Knowingly and willingly made the false claim.

An “alien” is a person who isn’t a citizen of the United States. A citizen of the United States is someone born in the United States or granted citizenship through naturalization. A person born outside the United States is a citizen if both parents were United States citizens and one of them had a residence in the United States before the birth.

Elements of Citizenship Fraud

To prove the crime of citizenship fraud, the government must prove the following elements beyond a reasonable doubt:

The defendant knowingly procured or attempted to procure, contrary to law, the naturalization of any person or documentary or other evidence of naturalization or of citizenship; or

The defendant, whether for himself or another person not entitled thereto, knowingly issues, procures, or obtains or applies for or otherwise attempts to procure or obtain naturalization or citizenship or a declaration of intention to become a citizen, or a certificate of arrival or any certificate or evidence of nationalization or citizenship, documentary or otherwise, or duplicates or copies of any of the documents previously described.

Criminal Penalties for Citizenship Fraud & False Claims to Citizenship

Citizenship fraud under 18 U.S.C. 1425 carries a maximum sentence of:

• 25 years if the offense was committed to facilitate an act of international terrorism
• 20 years if the offense was committed to facilitate a drug trafficking crime
• 10-15 years for a first or second offense

Unlawful claims to citizenship under 18 U.S.C. 911 carries a maximum sentence of three years. Unlawful claims to citizenship under 18 U.S.C. 1015 carries a maximum sentence of five years. Any sentence may also include fines, probation, and other sanctions as required by law.