Record contained sufficient evidence to support USCIS’s decision to deny alien’s request to become naturalized citizen, as well as Dist. Ct.’s grant of summary judgment in favor of USCIS. Alien had stated on prior visa application that he was not married and had no children, and although there was triable question with respect to alien’s marital status, which would preclude instant grant of summary judgment, Dist. Ct. could properly grant summary judgment, where record showed that alien had lied on visa application with respect to claim that he had no children. In this regard, record showed that he had two children at time of visa application, and that alien was aware of said misrepresentation. As such, denial of alien’s naturalization application was appropriate, since alien had intended to obtain naturalization status by denying any prior misrepresentation to immigration officials.
Federal 7th Circuit Court
Civil Court
Immigration