Although lying on a naturalization application is certainly one way to lose U.S. Citizenship, it is not the only way. Revocation of naturalization is sometimes referred to as “denaturalization.” Unlike most other immigration proceedings that USCIS handles in an administrative setting, revocation of naturalization can only occur in federal court. First note that there is no real time limitation for the government to commence the process of taking away U.S. Citizenship known as Denaturalization.
- Denaturalization is loss of U.S. citizenship ordered only by a federal court, with effectively no time limit for the government to start a case.
- Citizenship can be revoked for illegally procured naturalization, willful misrepresentation, certain organization membership, or other than honorable military discharge.
- Losing citizenship may revert you to lawful permanent resident status, but if that status is also defective, you may face removal proceedings.
Four Grounds for Revoking U.S. Citizenship
There are four ways a naturalized citizenship of the United States can have his citizenship taken away.
Naturalization Was Illegally Procured
Procuring naturalization illegally simply means that the person was not eligible for naturalization in the first place which does not necessarily mean that the noncitizen applicant lied or misrepresented in his naturalization application.
Accordingly, any eligibility requirement for naturalization that was not met can form the basis for an action to revoke the naturalization of a person. This includes the requirements of residence, physical presence, lawful admission for permanent residence, good moral character, and attachment to the U.S. Constitution again, regardless of whether there was a fact misrepresented. We discussed the eligibility requirements for U.S. Citizenship here.
Willful Misrepresentation or Concealment of a Material Fact
Here is where a potential misrepresentation may apply.
In general, a person is subject to revocation of naturalization on this basis if:
- The naturalized U.S. citizen misrepresented or concealed some fact.
- The misrepresentation or concealment was willful.
- The misrepresented or concealed fact or facts were material and,
- The naturalized U.S. citizen procured citizenship as a result of the misrepresentation or concealment.
This ground of revocation includes omissions as well as affirmative misrepresentations. The misrepresentations can be oral testimony provided during the naturalization interview or can include information contained on the application submitted by the applicant.
The test for materiality is whether the misrepresentations or concealment had a tendency to affect the decision. It is not necessary that the information, if disclosed, would have precluded naturalization.
Membership in Certain Organizations Within Five Years
A person who is involved with such organizations cannot establish the naturalization requirements of having an attachment to the Constitution and of being well-disposed to the good order and happiness of the United States.
As a result, there is a rebuttable presumption that someone that becomes involved with such an organization within five years after the date of naturalization cannot meet the requirements of being attached to the principals of the Constitution and as a result, is prima facie evidence that he or she concealed or willfully misrepresented material evidence that would have prevented the person’s naturalization.
Other Than Honorable Discharge From the U.S. Armed Forces
A person is subject to revocation of naturalization if:
- The person became a U.S. citizen through naturalization on the basis of honorable service in the U.S. armed forces.
- The person subsequently separates from the U.S. armed forces under other than honorable conditions, and
- The other than honorable discharge occurs before the person has served honorably for a period or periods aggregating at least five years.
We discussed U.S. Citizenship through Military Service here.
We also discussed U.S. Citizenship through Military Service during Wartime here.
Will I be subject to being deported from the United States if I lose Citizenship?
Discovery that a person failed to comply with any of the requirements for naturalization at the time the person became a U.S. citizen renders his or her naturalization illegally procured. This applies even if the person is innocent of any willful deception or misrepresentation.
Therefore, it’s likely that a person who obtains citizenship based on legal permanent resident status, will revert back to this status. However, if the basis for citizenship also places into question eligibility for legal permanent resident status, the legal permanent resident could be subject to rescission of the green card or potential removal proceedings.
How the Government Actually Brings a Denaturalization Case
This article explains the legal grounds on which naturalization can be revoked. For a walkthrough of how a case actually proceeds, including how the Department of Justice files suit in federal district court and what happens after a revocation order, see our article on the denaturalization process and how the DOJ revokes citizenship.
Speak With an Immigration Attorney About Losing U.S. Citizenship
If you have questions about denaturalization, revocation of naturalization, or any other immigration matter, Scott Legal is here to help. Our experienced attorneys can guide you through even the most complex situations and provide the clarity and support you need. Contact us today to schedule a consultation.
