Skip to main content

What are the effects of having U.S. Citizenship Revoked?

us citizenship, us passport, us flag.

The process of losing U.S. Citizenship is known as Denaturalization. We have previously discussed Denaturalization here.

Revocation of U.S. Citizenship becomes effective as of the original date of naturalization. As a result, the individual returns to his immigration status before becoming a U.S. citizenship.

Upon revocation of U.S. Citizenship, the revoking court enters an order revoking the person’s naturalization and cancelling the person’s Certificate of Naturalization.

Effects on Citizenship on Spouse or Child of person that has had Citizenship revoked

Generally, the spouse or child of a person whose citizenship has been revoked cannot become a U.S. citizen on the basis of the marriage to a U.S. citizen or on the basis of being a child of a U.S. citizen. We have discussed the various eligibility requirement for naturalization here.

However, whether the citizen spouse or child who obtained U.S. Citizenship based on the relationship of the person who has had U.S. Citizenship revoked, will depend on the basis such U.S. Citizenship was revoked.

The citizenship of a spouse or child who became a U.S. Citizen through the naturalization of his parent or spouse is not lost if the revocation was based on illegal procurement of naturalization

However, the spouse or child of a person whose U.S. citizenship was revoked also loses his U.S. Citizenship at the time of revocation where:

  • The spouse or child became a U.S. Citizen through the naturalization of his parent or spouse whose citizenship has been revoked and
  • The parent or spouse’s citizenship was revoked on the ground that his naturalization was procured by concealment of a material fact or by willful misrepresentation.

This is regardless of whether the spouse or child is residing in the United States at the time of the revocation of naturalization.

The spouse or child of a person whose U.S. citizenship is revoked may lose his or her U.S. citizenship if the spouse or child is residing outside of the United States at the time of revocation and the revocation was based on the spouse or parent  becoming a member of certain organizations after naturalization or for separating from the military under less than honorable conditions before serving honorably for five years.

The spouse or child of a person whose U.S. citizenship is revoked under these sections may lose his or her U.S. citizenship at the time of revocation in cases where:

  • The spouse or child became a United States citizen through the naturalization of his parent or spouse whose citizenship has been revoked.
  • The spouse or child resided outside of the United States at the time of revocation.
  • The parent or spouse’s citizenship was revoked on the basis that:
    • The person became involved with the Communist party, other totalitarian party, or terrorist organization within five years of his or her naturalization, or
    • the person naturalized on the basis of service in the U.S. armed forces but separated from the military under other than honorable conditions before serving honorably for a period or periods totaling at least five years.

The spouse or child’s loss of citizenship under this provision does not apply if the spouse or child was residing in the United States at the time of revocation.

FREE Visa Resources

Click on the buttons below in order to claim your free Visa Guide (E-1, E-2, TN, EB-5, H-1B, L-1, PERM, NIW, EB-1, O-1, E-3), sign up for our free Webinar, join our Facebook Group, or watch our videos.

Download FREE Visa Guide
Sign Up For Our Webinar
Join Our Facebook Group
Watch Our Videos

Set up a Visa or Green Card Consultation

For a dedicated one-on-one consultation with one of our lawyers, click on the button below to schedule your consultation.

Schedule a consultation

This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.

Leave a Reply

FREE WEBINARS
Scott Legal, P.C. has Something For You
Thank you for connecting with us. We would be happy to assist you & send you free information on a number of topics including, Free Immigration Guides (E-1, E-2, L-1, H-1B, PERM, NIW, EB-1, O-1 & TN), Videos, Articles & Free Immigration Webinars.
FREE GUIDES & WEBINARS