What Is Denaturalization? Understanding the Denaturalization Process
Becoming a United States citizen through naturalization is one of the most significant milestones for immigrants. It grants individuals the same rights and responsibilities as native-born citizens, including the right to vote, travel with a U.S. passport, and receive the full protection of U.S. laws and regulations. However, under certain rare and serious circumstances, U.S. citizenship can be revoked through a legal process known as denaturalization.
Understanding what is denaturalization, why it occurs, and how the denaturalization process works is crucial for anyone who has naturalized or plans to apply for U.S. citizenship.
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Angela D. Warren
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What Is Denaturalization?
Denaturalization is the legal process by which the U.S. government revokes a person’s naturalized citizenship. When a person is denaturalized, they lose all the rights and privileges that come with U.S. citizenship, including the right to vote, hold a U.S. passport, and remain in the country as a citizen.
Once denaturalization is complete, the person reverts to the immigration status they held before naturalization, often that of a lawful permanent resident. However, in many cases, denaturalization leads directly to removal proceedings, especially if the individual no longer holds a valid immigration status.
It is important to note that denaturalization does not apply to people born in the United States. Only naturalized citizens, those who obtained citizenship through the legal naturalization process, can be stripped of their citizenship.
Why Does Denaturalization Occur?
The U.S. government may pursue denaturalization when it believes that citizenship was obtained unlawfully, fraudulently, or through the concealment of important facts.
Fraud or Misrepresentation During the Naturalization Process
If a person lies or hides material information on their citizenship application, like concealing a criminal record, using a false identity, or omitting prior deportations, they may be subject to denaturalization.
War Crimes or Human Rights Violations
Individuals who participated in war crimes, genocide, or persecution before immigrating to the United States can face denaturalization if these facts were not disclosed during the immigration or naturalization process.
Membership in Certain Organizations
Naturalized citizens who were members of groups hostile to the United States, like terrorist or totalitarian organizations, within five years of naturalization may have their citizenship revoked.
Refusal to Testify Before Congress
A less common reason, but under specific provisions of U.S. law, naturalized citizens who refuse to testify before congressional committees investigating national security matters may face denaturalization.
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How Does the Denaturalization Process Work?
The denaturalization process typically begins when the Department of Justice (DOJ) or the Department of Homeland Security (DHS) discovers evidence suggesting that a person obtained citizenship illegally or by fraud. The case may then proceed through one of two main legal paths:
1. Civil Denaturalization
In a civil case, the government files a lawsuit in federal court under Section 340(a) of the Immigration and Nationality Act (INA). The purpose is to prove that the person obtained citizenship through fraud or illegality. The government must demonstrate its case with “clear, convincing, and unequivocal” evidence. If the court agrees, the judge issues an order revoking the person’s citizenship.
2. Criminal Denaturalization
In a criminal case, denaturalization occurs as a penalty for committing certain crimes, typically related to fraud, identity theft, or false statements on immigration documents. These cases are prosecuted under federal criminal statutes, and if the defendant is convicted, the court can revoke citizenship as part of the sentence.
What Are the Consequences of Denaturalization?
The consequences of denaturalization are severe, and once citizenship is revoked, the individual loses their right to live and work in the United States as a citizen. They may be placed in removal proceedings and ultimately deported to their country of origin.
Denaturalization can also affect family members, depending on the factors resulting in the denaturalization. For instance, if a parent is denaturalized and their minor child derived citizenship from that parent, the child’s citizenship may also be questioned. Additionally, denaturalization can have lasting consequences for employment, property ownership, and future immigration benefits.
How Can an Immigration Lawyer Help with Denaturalization?
Facing denaturalization is a serious matter that requires skilled legal representation. An experienced immigration lawyer can help your case through any or all of the following:
- Review the government’s evidence for errors or procedural violations.
- Identify defenses, such as the statute of limitations or lack of intent to commit fraud.
- Advocate for your rights during civil or criminal proceedings.
- Explore options to maintain lawful immigration status or avoid deportation.
At Warren Law Firm, we understand that denaturalization can threaten everything a person has built in the United States. Our attorneys have extensive experience handling complex immigration and citizenship matters, including defending clients against allegations of fraud or misrepresentation.
We provide personalized, strategic representation to protect your rights and help you navigate the denaturalization process with confidence.
Contact Us Today About Denaturalization Proceedings
Although rare, denaturalization can have life-altering consequences for individuals and their families. If you are concerned about potential denaturalization or have received notice from immigration authorities, contact Warren Law Firm today. Our team of experienced immigration lawyers can help you understand your rights and develop a strong defense strategy.
