Whether you are a natural-born United States citizen or someone who has gone through naturalization, you probably don’t know much about the denaturalization process. Denaturalization is when U.S. citizenship is revoked by the U.S. government, which often leads to a very complex immigration problem. And although denaturalization cases have been quite rare in the past, they are becoming more and more common. So, keep reading to find out what the denaturalization process looks like, when USA citizenship can be revoked, and what your options are.
What Is Denaturalization?
If an immigrant comes to the United States and wishes to remain there, they will need to go through the process of naturalization, which allows them to become a legal U.S. citizen. And the denaturalization process is when the U.S. government strips a citizen of their naturalization.
Denaturalization is quite a confusing process to many, as it isn’t something that happens all of the time. The U.S. government only revokes naturalization in very specific instances; however, these types of cases are on the rise.
Denaturalization Vs Expatriation
It’s important not to confuse denaturalization with expatriation, as these apply to two separate situations. As we mentioned above, denaturalization applies to immigrants who have gone through the naturalization process in order to remain in the U.S. Whereas expatriation is when the U.S. government can revoke the citizenship of a natural-born U.S. citizen.
Expatriation is incredibly rare, but it could be a risk to any American citizen depending on the circumstances. Usually, the U.S. government only revokes a citizen’s citizenship for treason or actions that directly support a foreign state or sovereignty. But citizens can also renounce their U.S. citizenship on their own if they wish to no longer be a U.S. citizen.
Grounds for Denaturalization
The loss of naturalization can be devastating and comes with life-altering consequences. And unfortunately, any naturalized citizen could be at risk of denaturalization depending on the circumstances.
Here are the main examples of when the U.S. government can revoke citizenship:
- The immigrant never qualified for naturalization.
- Naturalization was obtained through willful misrepresentation or concealment.
- The immigrant refused to testify in front of a congressional committee within 10 years of their naturalization.
- The immigrant was dishonorably discharged from the military, which was the basis for their naturalization.
- Naturalization was obtained through material misrepresentation.
Also, the U.S. government may revoke the naturalization of those who obtained it through a parent or spouse if that parent or spouse has had their naturalization revoked. Whether or not this applies to the individual who received derivative citizenship usually depends on the reason for the revocation.
Anyone who is worried about the possibility of denaturalization should get the help of an immigration attorney. An immigration attorney can examine your case to help you better understand whether or not you are at risk, and if so, what steps you should take next.
How the Process Works: Civil Vs Criminal Denaturalization
The denaturalization process can work in two different ways: civil or criminal denaturalization. This distinction is important as it can drastically impact the outcome.
Civil denaturalization is when a civil action is filed by the Department of Justice in the federal court. A civil denaturalization case does not come with direct criminal penalties and is usually filed for allegations that naturalization was obtained illegally.
On the other hand, criminal denaturalization is more serious and can come with criminal penalties, including imprisonment before deportation.
Both types of denaturalization cases involve federal court action and require the U.S. government to provide proof. If the burden of proof is met, it is very likely that you could face deportation.
No matter what type of denaturalization you are facing, it’s essential that you seek representation from an immigration attorney. An attorney will have experience with these types of cases and can help you come up with the best possible defense strategy.
How to Protect Your Citizenship
After going through the challenging process of obtaining U.S. citizenship, the last thing you want to experience is denaturalization. And despite the fact that these cases are increasing, there are many ways you can protect your citizenship, including:
- Full disclosure: When going through the process of applying for naturalization, it’s absolutely essential that you provide full disclosure. Don’t hold any information back or try to make it into something that it isn’t. Fraud and willful misrepresentation usually result in a denial straight away, but could lead to issues later on, even if your application is successful initially.
- Double-checking accuracy: It is very possible to misrepresent yourself when applying for naturalization without having any intention of doing so. That is why it is so important that you double check your application to make sure all the information you have provided is entirely accurate. If you’re struggling to understand how to answer certain questions or what information to provide, you can always consult with an immigration attorney.
- Staying up-to-date: Even after you have been approved for naturalization, you still need to maintain your legal documentation. Keeping everything up-to-date provides a safety net, especially if the U.S. government starts to look into your legal status.
Hire an Immigration Attorney Today
Are you facing the possibility of having your U.S. citizenship revoked? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Can natural-born citizens be denaturalized?
Natural-born citizens can lose their U.S. citizenship through a process known as expatriation. Additionally, natural-born citizens also have the option of renouncing their own U.S. citizenship.
Is denaturalization common?
No, historically speaking, denaturalization cases have been quite rare. But the cases are becoming a bit more common.
Can I appeal a denaturalization decision?
Yes, the federal court allows you to appeal this decision if you believe it to be unfair or unsubstantiated, and you can support this. That being said, you should never attempt to appeal a denaturalization decision without representation from an experienced immigration attorney.
