Comment Re:Two more years (Score 1) 146
The point was to stop baddies from entering the country.
Lying on the form to hide relevant information is the textbook example of this kind of fraud.
No, it isn't. To be fraud, the lie has to be material. Would him saying that he fought in the military have disqualified him? No. Because being in the military of a communist country doesn't automatically make you communist. It might have caused a deeper investigation, and that investigation might have concluded that he was, but given that the regime had already fallen and any records would probably have been nonexistent at that point, that's a pretty unlikely outcome — doubly so decades later.
Second, the lie has to be deliberate. In U.S. law, there's not a presumption that an error is deliberate; the government has to have some evidence to support such a claim. And given that he has been dead for a long time, there's no way to get him to admit that it was deliberate, so in the absence of some sort of documentation, this one isn't provable anymore, either.
Third, even if you could prove both of the first two, the fraud was still committed by her father, not her, which makes it moot after the fact.
If I get my Martian citizenship because my Dad was a Martian. I don't get to keep claiming I'm a Martian when people find out he wasn't a Martian.
Continuing to spew this same nonsense over and over doesn't make it true. First, he was a citizen. Until such time as you get a court to agree that his citizenship should not have been granted (years after his death), all of this is purely academic.
Second, even if you did so, although removal of citizenship is considered retroactive to the time of the original grant of citizenship, you still run into the presumption of regularity when trying to extend that retroactive removal to a retroactive nullification of the citizenship of an additional person who relied on a presumption of the regularity of the prior immigration decision. That just won't fly, because as far as was known to her at the time, he was a citizen, and as far as was known to the immigration people processing the paperwork at the time, he was a citizen. And none of that changes even if his citizenship were removed retroactively, which means *she* did not commit fraud.
Further, his citizenship was likely not material to her being approved for citizenship. She didn't become a citizen because he was a citizen. She became a citizen *when* he became a citizen. Had she applied independently, even if we take the most outlandish interpretation of the law and assume that his military service would be disqualifying, it would not be disqualifying *for* *her*. And at that point, the courts would be effectively punishing her for not waiting a few extra months and filing a form independent of her parents. No court is going to do that, both because doing so would be a gross miscarriage of justice and because the specific form that she filed is almost certainly not material to whether a young adult would qualify for citizenship.
Plus there's that pesky little problem of you not having any actual evidence to support your absurd theory in the first place, which means that while you might get a lot of idiots on your side in the court of public opinion, you'd be laughed out of any actual courtroom.