Saliba v. Att’y Gen. of United States

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Saliba obtained U.S. Temporary Protected Status (TPS) in 1992 by providing falsified documents indicating that he was a citizen of Lebanon. Saliba was a citizen of Syria, a country whose citizens at that time were not eligible for TPS. In 2001, Saliba was able to adjust his status to that of a legal permanent resident, although his fraudulent procurement of TPS should have rendered him statutorily “inadmissible” under 8 U.S.C. 1182(a)(6)(C)(i). When Saliba applied for naturalization in 2006, USCIS discovered the fraud and denied his application for naturalization, stating that Saliba’s apparent fraud precluded a finding that he had been “lawfully admitted” as a permanent resident as required for naturalization under 8 U.S.C. 1427(a). The district court dismissed. The Third Circuit affirmed, rejecting Saliba's argument that his decision to submit falsified Lebanese documents was involuntary and made under duress, due to his fear of the war-time conditions plaguing the Middle East at the time . Saliba’s fraudulent procurement of TPS in 1992 made him inadmissible for Legal Permanent Resident status, and, because he had not been “lawfully admitted” for permanent residence, he cannot be naturalized. View "Saliba v. Att'y Gen. of United States" on Justia Law