Elon Musk, the billionaire tech entrepreneur and prominent social media influencer, could face potential revocation of his U.S. citizenship and even criminal charges if evidence surfaces that he provided false information to U.S. authorities during his immigration process, according to legal analysts who spoke with Wired.
From South Africa to Canada to United States
Originally from South Africa, Musk moved to Canada before eventually settling in the United States, where he gained attention not only for his technological ventures but also for his vocal opinions on immigration policy. According to Bloomberg’s analysis, Musk has posted around 1,300 times on X this year, frequently addressing issues related to immigration and voter dynamics. Several of these posts reportedly echo elements of the controversial “great replacement” theory, which falsely suggests that Democratic policies aim to replace white voters with immigrant populations.
Recent questions have emerged regarding Musk’s immigration history. The Washington Post reported that Musk may have worked without proper authorization in the 1990s while in the U.S. on a student visa. The investigation, citing former colleagues, court documents, and business records, indicates that he arrived in the U.S. on a student visa in 1995, though he did not pursue studies at Stanford University as initially planned. Instead, he co-founded Zip2, an early tech startup. A former Zip2 board member, Derek Proudian, shared that investors pressed Musk and his brother Kimbal to secure work permits within 45 days, explaining that their immigration status did not legally permit them to run a business in the U.S.
Elon Musk denies the claims
Musk has denied these claims, asserting that he initially entered on a J-1 student visa and later transitioned to an H-1B work visa. However, a 2005 email reportedly shows Musk mentioning he applied to Stanford because he otherwise had “no legal right to stay in the country.” According to legal experts, U.S. immigration laws at the time would have considered working without enrollment under a student visa as a violation.
In theory, legal experts say, these allegations could warrant Musk’s denaturalization. Stephen Yale-Loehr, a Cornell Law School professor specializing in immigration law, noted that, strictly on legal grounds, citizenship revocation could be justified. He added that if Musk had disclosed unauthorized work in his application, he may not have been eligible for an H-1B visa or later citizenship.
Elon Musk citizenship status
Amanda Frost, a law professor at the University of Virginia, explained that undisclosed visa violations could complicate both green card and citizenship applications. Key immigration forms, such as Form I-485 for green card applications and Form N-400 for naturalization, require applicants to disclose any unauthorized employment. According to Wired, failing to reveal such details could be seen as “concealment of a material fact,” which under U.S. law can serve as grounds for revoking citizenship.
Although scrutiny by the U.S. Citizenship and Immigration Services has intensified in recent years, immigration lawyer Ira Kurzban noted that denaturalization is rare, particularly in older cases. Still, Musk’s citizenship status could have implications beyond his personal life; as a government contractor involved in ventures critical to national security, any legal action could impact his companies’ security clearances.
Experts suggest that Musk could clarify these issues by consenting to release his immigration records, though his legal team has not indicated whether they will take this step.
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