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Keywords

motionsummary judgmentwillvisacitizenshipnaturalizationmotion for summary judgment

defendantwillvisacitizenshipnaturalization

Related Cases

Georgieff; U.S. v.

Facts

Jordan Georgieff, a native of Bulgaria, immigrated to Canada in 1990 and was later deported due to criminal convictions. He married a Canadian citizen but subsequently married another woman without divorcing his first wife. Georgieff applied for a U.S. visa in 2003 using false information about his marital status and criminal history. He was granted a visa and later became a naturalized citizen in 2008, again providing false information during the application and interview process.

Defendant Georgieff was born in Sofia, Bulgaria in 1968. (See Application for Immigrant Visa and Alien Registration ('Visa Application'), Ex. A-1 to Pl.'s Statement of Material Facts, ECF No. 15-2.) In 1990, Georgieff immigrated to Canada, and applied for refugee status using the name 'Jordan Langazov.' Georgieff lived in Canada for approximately eleven years. During that time, Georgieff committed several serious crimes, including theft, breaking and entering, assault, use of a credit card obtained by crime, and possession of property obtained by crime. As a result of these convictions, Canada deported Georgieff in May 2001.

Issue

Did Georgieff illegally and fraudulently procure his U.S. citizenship through willful misrepresentation and concealment of material facts?

Rule

Naturalized citizenship can be revoked if it was illegally procured or procured by concealment of a material fact or by willful misrepresentation, as outlined in 8 U.S.C. 1451(a). The government must prove its case by clear, unequivocal, and convincing evidence.

Analysis

The court found that Georgieff's naturalization was illegally and fraudulently procured based on multiple instances of false statements regarding his alias, marital status, and criminal history. The evidence presented by the government demonstrated that Georgieff had lied on his visa application, naturalization application, and during interviews with USCIS officials. These misrepresentations were deemed material, as truthful answers would have disqualified him from obtaining citizenship.

The government argues that Georgieff's certificate of naturalization should be revoked because he procured his citizenship both illegally and fraudulently. In support of this contention, the government has submitted evidence of four different occasions on which Georgieff provided the United States with information as part of the immigration processh1) his January 2003 visa application, (2) his February 2003 interview with a USCIS agent, (3) his December 2007 application for citizenship, and (4) his July 2008 naturalization interviewalong with documentation showing that he made false statements on each of those occasions.

Conclusion

The court granted the government's motion for summary judgment, concluding that Georgieff's naturalization was revoked due to illegal procurement and willful misrepresentation.

For the reasons set forth above, this Court concludes that the government has met its burden and has amply demonstrated that Georgieff illegally procured his U.S. citizenship and/or that he procured his citizenship by misrepresenting or concealing material facts.

Who won?

The United States prevailed in the case because it successfully demonstrated that Georgieff's citizenship was obtained through fraudulent means.

The government has proven by clear, unequivocal, and convincing evidence that Georgieff procured his citizenship illegally.

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