The U.S. Department of Justice and the U.S. Attorney for the Southern District of Florida have filed a civil denaturalization complaint in the U.S. District Court in Miami, against Phillipe Bien-Amie, also known as Jean Philippe Janvier, a native of Haiti who used two identities to procure immigration benefits — and eventually acquire U.S. citizenship — after illegally entering the U.S.
Before he became a U.S. citizen under the name Philippe Bien-Aime, the defendant used a fraudulent, “photo-switched” passport to enter the U.S. under the name Jean Philippe Janvier. In 2001, Bien-Aime was placed in removal proceedings and ordered removed under the Janvier identity.
He appealed the removal order, but he withdrew the appeal, representing that he had returned to live in Haiti. In reality, Bien-Aime remained in the U.S. and, using the new name and date of birth, married a U.S. citizen to obtain permanent resident status. The marriage was fraudulent and invalid because he was already married to a Haitian citizen. After making numerous false and fraudulent statements in adjustment and naturalization proceedings, he was naturalized in 2006 under the Bien-Aime identity.
The man served as the mayor of North Miami.
“This Administration will not permit fraudsters and tricksters who cheat their way to the gift of U.S. citizenship,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “The passage of time does not diminish blatant immigration fraud.”
The complaint, filed on Feb. 18, alleges that Bien-Aime illegally procured naturalization for several reasons.
First, he was subject to a final removal order, which disqualified him from naturalization and precluded the former Immigration and Naturalization Service from considering his application for permanent resident status. Second, the removal order prohibited U.S. Citizenship and Immigration Services from considering his naturalization application and granting U.S. citizenship.
Third, he did not lawfully adjust status to permanent resident because of his fraud and because his marriage was fraudulent and not legally valid.
Fourth, he provided false or misleading information under oath in his adjustment and naturalization interviews to obtain immigration benefits when he denied that he was subject to a removal order and denied that he lied to U.S. government officials. He also provided false testimony about his children and former residential addresses. The complaint also claims that Bien-Aime’s naturalization should be revoked because he concealed and misrepresented facts that were material to his qualifications for U.S. citizenship.
“United States citizenship is a privilege grounded in honesty and allegiance to this country,” said U.S. Attorney Jason A. Reding Quiñones for the Southern District of Florida. “The complaint alleges that this defendant built his citizenship on fraud — using false identities, false statements, and a sham marriage to evade a lawful removal order. The fact that he later served as an elected mayor makes the alleged deception even more serious, because public office carries a duty of candor and respect for the rule of law. If proven, we will ask the Court to revoke a status that was never lawfully obtained. The rule of law requires nothing less.”
Bien-Aime’s immigration fraud was discovered and confirmed through a comparison of fingerprints that he provided under the two identities. That comparison is part of an ongoing national initiative called the Historic Fingerprint Enrollment project, a joint effort by the Justice Department and USCIS.
The case was investigated by USCIS of the U.S. Department of Homeland Security and will be litigated by the Affirmative Litigation Unit of the Civil Division’s Office of Immigration Litigation and the U.S. Attorney’s Office for the Southern District of Florida.
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