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ResourcesVisa & Immigration LawUS Immigration LawCould Elon Musk Lose His US Citizenship?

Could Elon Musk Lose His US Citizenship?

Transcript of the above video:

As the title of this video suggests, we are discussing whether or not Elon Musk could lose his US Citizenship. I talked a lot back in the Trump Administration about the “Denaturalization” Task Force; I made videos on this channel about that. Well, it looks like that Task Force may create problems for Elon in his current situation as a citizen in the USA. 

I thought of making this video after reading a recent article from the Business Standard, that is business-standard.com, the article is titled: Could Elon Musk lose US Citizenship over alleged Immigration lies? Quoting directly: "New questions have surfaced about Musk's Immigration journey. The Washington Post recently reported that Musk may have worked without authorization in the '90s after entering the US on a Student Visa. The investigation, referencing former colleagues, Court documents, and business records, indicates Musk arrived on a Student Visa in 1995 but did not enroll at Stanford University. Instead, he focused on founding Zip2, an early tech venture. According to Zip2 Board member Derek Proudian, investors insisted Musk, and his brother Kimbal secure work permits within 45 days. "Their Immigration status was not what it should be for them to be legally employed running a Company in the US," Proudian told the Washington Post. Quoting further: "Legal experts suggest this could, in theory, lead to Musk's denaturalization Stephen Yale-Loehr, a Professor at Cornell Law School and Director of its Immigration Law and Policy Program, told Wired, "On purely legal grounds, this would justify revoking citizenship." Well, you have got to prove it up. Quoting further: "He said if Musk disclosed unauthorized work during his application, he might not have qualified for an H1-B Visa or subsequent citizenship." 

Yeah look, unfortunately you have to be assiduously honest in all matters pertaining to American Immigration documentation for exactly this reason. If it's found later that you were sort of gaming the system, operating outside the rules or just flat out misrepresenting; again, material misrepresentation is a legal grounds of Inadmissibility in the United States and if one had engaged in lying about the underlying reasons for their physical presence in the United States, that could pose a problem later on down the road. 

Now that said, Student Visas especially and prior to the Trump Administration, acutely were very nebulous. What do I mean by this? Well, there's this notion of duration of status. Yes, you are not necessarily work-authorized but is that a ground of inadmissibility in and of itself? Not necessarily, although again as noted in the article, if one failed to disclose work activity or one's reasons for being in the United States in documentation pertaining to Immigration in the United States, that could lead to real problems down the road. Again, basically dishonesty, material misrepresentations. 

So, the thing to take away from this video and understand is - and I am not going to get into making conclusions about what Elon did or didn't do - again I don't think we have enough information to really do that and so-called “legal experts” I find even that term sort of spurious. In any event, the point I'm trying to make it you must be assiduously honest, meticulously honest if you will in matters pertaining to documentation associated with Immigration to the United States.