What Is the Penalty for Naturalization Fraud in Fort Myers?
Naturalization fraud is a serious federal offense in Florida. If you are facing allegations of naturalization fraud in Fort Myers, the first step is to become aware of the potential consequences. Once you understand the potential penalties, you may choose to react to your charges in a more serious manner – by hiring an experienced criminal defense attorney in Fort Myers.
Defendant Pleads Guilty to Naturalization Fraud in Southern Florida
In September of 2024, the Justice Department announced that a defendant had pleaded guilty to naturalization fraud in Southern Florida. The fraud occurred a decade ago in 2014 – when this individual applied for naturalization through USCIS. The Guatemalan-born defendant reached a question on the application which read: “Have you ever committed, assisted in committing, or attempted to commit, a crime or offense for which you were not arrested?”
He answered “no” to this question and gave the same answer when interviewed by a USCIS officer. He was legally under oath on both occasions. In 2015, he was naturalized and became a US citizen. Years passed, until in 2019 he pleaded guilty to four counts of child molestation. Perhaps most notably, the defendant admitted that he committed these offenses during a period spanning from 2011 to 2015.
Obviously, this exposed the fact that he had lied during his naturalization application. He had, in fact, committed a crime for which he had not been arrested. This led to not only a conviction on four counts of child molestation, but also a naturalization fraud charge.
He now faces a maximum sentence of 10 years for naturalization fraud, and the Justice Department states that he will be stripped of his US citizenship.
This account is notable for various reasons. First, it shows that in order to become a US citizen, you are required to admit to any crimes you have committed in the past – even if you were never caught. In addition, this story shows that prosecutors can look back many years to consider instances of naturalization fraud.
Finally, it highlights one of the most serious consequences of naturalization fraud: Losing your citizenship. Even after you finish your sentence, you could be deported back to your home country – or you could become “stateless.”
That being said, the generic five-year statute of limitations for federal offenses can prevent charges of naturalization fraud. Once five years pass, prosecutors will likely lose the ability to file criminal charges – and the lack of charges makes it impossible to determine whether you lied on your application. In Florida, however, there is no statute of limitations for child molestation if the victim was under a certain age at the time of the offense.
Can a Federal Defense Attorney Help Me Fight Charges of Naturalization Fraud?
If you face allegations of naturalization fraud in Fort Myers, contact The Foley & Wilson Law Firm at your earliest convenience. Naturalization fraud is a federal offense, and we have specific experience with federal charges in Florida. While the consequences can be daunting, you are innocent until proven guilty beyond reasonable doubt. Reach out today to discuss the most appropriate defense strategy based on your circumstances.
Sources:
justice.gov/usao-sdfl/pr/convicted-child-molester-pleads-guilty-naturalization-fraud
immigrantdefenseproject.org/wp-content/uploads/Advisory-for-Defense-Attorneys_-Identifying-clients-at-risk-of-denaturalization3-1.pdf
