The Third Circuit Court issued a ruling that omission of family immigration information is grounds for denial of an individual’s application, especially if said information is relevant to the immigration review process. A recent Third Circuit decision confirms a strict rule in U.S. immigration law. Any material information left out of an application can invalidate permanent residence, even years later. In Savane v. Secretary of Homeland Security (DHS), the court held that failing to disclose children on Diversity Visa and immigrant visa forms was a material omission.
Lawful admission is judged at the time of entry, and naturalization review reopens the entire immigration history. If an omission shuts off a relevant line of inquiry, the admission is not lawful, and naturalization must be denied. The lesson is direct. Full disclosure is mandatory. Even a single omission can undo lawful status years after approval.
The Circuit Court issued the ruling in response to appeals case by an Ivory Coast national that entered the U.S. under the Diversity Visa (DV) program in 2011. The appellate didn’t disclose that he had four children on any of his immigration applications.
After obtaining lawful permanent resident status, he submitted a petition for naturalization in 2020. He only disclosed the existence of his children during the naturalization process. Additionally, he admitted to having given false information to immigration officials when he initially entered the United States. U.S. Citizenship and Immigration Services (USCIS) denied his petition for naturalization on the grounds that he hadn’t been lawfully admitted for permanent resident status.
After appealing the case for judicial review, the Third Circuit Court ruled struck down the case. The court explained that lawful admission only occurs when a noncitizen abides by all the legal requirements of the immigration process. The appellant failed to do so by omitting their children from their previous application, which is material for his admission as a permanent resident.
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