What happens when U.S. citizenship is revoked through denaturalization

Key Takeaways

• Denaturalization revokes U.S. citizenship only for naturalized, not native-born citizens, often due to fraud or misrepresentation.
• After denaturalization, individuals lose citizenship rights immediately and may revert to green card status or face deportation.
• Family members’ citizenship derived from the main applicant can also be affected if fraud or misrepresentation is proven.

Losing U.S. citizenship 🇺🇸 is a very serious event. This usually happens through a process called denaturalization, which applies to people who gained citizenship by naturalization, not those who were born in the United States 🇺🇸. Denaturalization and the reasons behind it, including naturalization fraud, have wide and long-lasting effects on people and their families. This article explains what causes loss of citizenship, what the process looks like, and what the consequences are. It also covers the experience of family members, the possibility of appeals, and what support is available to those affected.

Pathways to U.S. Citizenship

U.S. citizenship 🇺🇸 can be gained either by birth or by naturalization. Most people are citizens by being born in the United States 🇺🇸 or to U.S. citizen parents. Others become citizens through naturalization, which means they meet certain legal rules and then apply for citizenship. Naturalization has several requirements, including living in the country for a certain amount of time, showing good moral character, passing language and civics tests, and filing the correct forms.

Eligibility Requirements for Naturalization

To apply for U.S. citizenship 🇺🇸, a person must usually:
– Be a lawful permanent resident (green card holder) for at least 5 years (or 3 years if married to a U.S. citizen).
– Live continuously in the United States 🇺🇸 before applying.
– Show good moral character, which means following the law and being honest.
– Speak, read, and write basic English.
– Have knowledge of U.S. history and the government.
– Show loyalty to the principles of the U.S. Constitution.
– Fill out and submit the proper application, usually Form N-400 (you can find the official form and instructions here).

Residency Requirements in Detail

Residency is a key part of naturalization. People must show they have lived in the United States 🇺🇸 for enough time without long trips away. The rules say you must have lived in the country for at least half of the required years (2.5 out of 5, or 1.5 out of 3, depending on your path). You must also not have moved outside the U.S. 🇺🇸 at any time during the last 3 months before applying.

Language and Civic Knowledge Requirements

Applicants must pass tests on the English language and on U.S. history and government. The language test checks the ability to speak, read, and write simple English. The civics test asks questions about the Constitution, U.S. symbols, main events in history, leaders, and rights and duties of citizens. Advisers and online resources can help prepare for these tests.

Application Process for Naturalization

First, people must fill out Form N-400 and submit it with the needed documents, such as a green card copy, passport-style photos, and other records. Applicants also pay the required fees. After the application is checked, the person is called to a biometrics appointment for fingerprinting. Later comes the interview, where a USCIS officer reviews the application, asks extra questions, and gives the English and civics tests.

Processing times can vary, but it usually takes many months. There is no “fast track” for most people, unless certain exceptions apply (for example, for members of the military).

Fees

As of now, the fee for the N-400 application is $640, plus an $85 biometrics fee. Some people may ask for a fee waiver if their income is low, using Form I-912 (more information on fee waivers is on USCIS’s official website).

Citizenship Interview and Oath Ceremony

If USCIS approves the application, the person attends an oath ceremony to promise loyalty to the United States 🇺🇸 and formally become a citizen. Rights and responsibilities begin immediately after the oath.

Rights and Responsibilities of Citizenship

As a U.S. citizen 🇺🇸, people may vote, carry a U.S. passport, work for the federal government, and sponsor family members for immigration. They must also follow U.S. laws, serve on a jury if asked, and pay taxes.

Dual Citizenship Policies

The United States 🇺🇸 allows dual citizenship. This means a person can be a citizen of the U.S. and another country at the same time. But people should check if their other country also allows this, and note that citizenship in both countries can bring extra responsibilities.

Citizenship for Children and Dependents

Children under 18 may automatically become U.S. citizens if their parent naturalizes, depending on certain conditions. Spouses and other family members may also use the principal applicant’s status as a help for their own citizenship or lawful status. However, how this is affected if the parent’s or spouse’s citizenship is later revoked depends on the grounds for revocation.

Special Provisions for Military Service Members

People who serve in the U.S. military may become eligible for citizenship more quickly and with fewer fees, as a reward for their service. But if someone is denaturalized because of a dishonorable discharge within five years after naturalization, this can mean their citizenship is revoked.

Denaturalization: What Is It and When Does It Happen?

Denaturalization means the loss of U.S. citizenship 🇺🇸 gained through naturalization. The U.S. government uses denaturalization in rare and serious cases. The main reasons include:

• Illegal procurement of naturalization: The person did not actually meet the requirements for citizenship, such as not living in the U.S. 🇺🇸 for enough time or lacking good moral character, but got citizenship anyway.
• Concealment or willful misrepresentation: The person lied or hid important facts during their citizenship application.
• Criminal conviction related to naturalization fraud: Sometimes, a person is convicted in a criminal court for lying or cheating to get citizenship, leading to denaturalization.
• Dishonorable military discharge within five years of naturalization: If citizenship was granted based on military service but the person is later discharged dishonorably, the U.S. can take citizenship away.

Denaturalization is not done for later misconduct or criminal acts after getting citizenship, unless those acts show fraud in the original application.

The Legal Process of Denaturalization

The Department of Justice brings a lawsuit in federal court to begin denaturalization. The government must show “clear, convincing, and undeniable evidence” that citizenship was gained improperly. This is a high standard, so denaturalization cases are not common.

If the court agrees with the government, it will:
– Order revocation of citizenship
– Cancel the person’s certificate of naturalization
– Update official records to show loss of status

The person whose citizenship is at risk has the chance to defend themselves, present evidence, and get a lawyer. After the judge decides, the person may appeal if mistakes were made or if they feel the evidence was not strong enough.

Immediate Effects on Individuals

After denaturalization, all rights linked to U.S. citizenship 🇺🇸 stop right away. The person loses the right to vote, carry a U.S. passport, work in certain government jobs, and sponsor family members as a U.S. citizen. The person’s immigration status after denaturalization depends on other facts:

• If they held lawful permanent resident status (green card) before becoming a citizen, they may go back to that status.
• If they have no lawful status, they immediately become undocumented and may face removal, also known as deportation.
• In many cases, a person will need a visa to return to the United States 🇺🇸 in the future.

Collateral Effects on Family Members

Denaturalization can affect more than the main person. If a spouse or child gained citizenship through the now-denaturalized person, their status can also be affected, especially if the main applicant used concealment or misrepresentation. For example, suppose a person lied about belonging to an organization, and that allowed them and their spouse or child to become citizens. In this situation, the spouse or child could also lose their citizenship. However, this usually does not apply if the main applicant simply did not meet some technical requirement, without fraud. Family members who were sponsored for immigration by the now-denaturalized person may face deportation if they do not have their own independent status.

Case Example: Effects of Naturalization Fraud on Families

Let’s say John became a U.S. citizen 🇺🇸 but lied during his application about never having been arrested. His wife and child also gained citizenship that depended on John’s citizenship. Years later, the authorities discover John’s lie, and a judge approves denaturalization based on naturalization fraud. In this case, both his wife and child could lose their citizenship, depending on whether their applications were directly linked to John’s misrepresentation.

Appeal and Review Process

People who lose their citizenship may appeal the court’s decision. To win the appeal, they must show either that the court made a legal mistake or that they did not intentionally mislead authorities on their application. Appeals must be based on real errors, not just disagreement with the outcome.

Statelessness and Other International Problems

Denaturalization sometimes makes people stateless, which means they have no legal citizenship in any country. Statelessness makes life even harder, as traveling abroad, getting a driver’s license, or even working legally may become impossible. If a person can prove they hold or can claim citizenship in another country, this can soften the impact, but every case is different.

Rights and Responsibilities After Denaturalization

Once denaturalization happens, people go back to their last known legal status before citizenship. If they have a green card, they still need to follow the rules for lawful permanent residents. If not, they risk removal and must leave the country or get a new visa, which is often hard.

Dual Citizenship Impacts

People with dual citizenship can rely on their other country’s citizenship if they lose U.S. citizenship 🇺🇸, but must face the consequences of no longer being a U.S. citizen. Rules about dual citizenship can depend on other countries’ laws, so people in this group are advised to consult with a lawyer.

Common Reasons for Denial and Appeals

Denaturalization cases almost always involve serious wrongdoing, not simple mistakes or misunderstandings. Common reasons for denial include:
– Proving that the applicant deliberately lied on their citizenship application
– Showing that the applicant was not legally allowed to become a citizen at the time due to missing requirements
– Finding evidence of past crimes that would have kept the person from qualifying for citizenship

If someone believes their denaturalization was a mistake, they have the right to appeal and explain why the court should not have ordered it.

Authority and Government Agencies Involved

The U.S. Department of Justice brings denaturalization cases. The U.S. Citizenship and Immigration Services (USCIS) and other agencies may be involved in reviewing records, canceling naturalization certificates, and updating status. Official guidelines and policy can be found on the USCIS policy manual.

Summary Table: Consequences of Denaturalization

Resources for Preparation and Assistance

Many organizations, attorneys, and official websites help people understand U.S. citizenship 🇺🇸 rules, avoid mistakes, and protect their rights. You can find detailed background on revocation of citizenship on the USA.gov guide to losing citizenship. For advice on appeals and defending against denaturalization, qualified immigration attorneys are best.

As reported by VisaVerge.com, denaturalization is very rare and only happens in cases where the government finds strong proof of wrongdoing or naturalization fraud. The law protects people by requiring a very high level of evidence, and most U.S. citizens 🇺🇸—especially those who followed the rules—will never face denaturalization. But the effects, when it happens, are deep and often change not just the individual’s life but those of their closest loved ones.

Key Takeaways and Next Steps

U.S. citizenship 🇺🇸 is a strong legal status, granted through birth or careful steps in the naturalization process. Denaturalization is reserved for those found to have broken the law in getting their citizenship, mostly through false statements or hiding important facts. It can take away rights, split up families, and leave people with few options for staying in the country. For those considering an application, it is important to be completely honest, follow all requirements, and seek reputable help if unsure. If denaturalization proceedings begin, legal help is essential. Official government websites and resources, along with skilled attorneys, provide guidance and support at every stage.

Learn Today

Denaturalization → Legal process where a naturalized U.S. citizen loses citizenship, typically due to fraud or not meeting requirements.
Naturalization → The process through which a foreign national applies for and is granted U.S. citizenship after meeting eligibility criteria.
Form N-400 → Official application form used by lawful permanent residents to apply for U.S. citizenship through naturalization.
Good Moral Character → A requirement for naturalization, meaning the applicant follows laws and demonstrates honesty throughout the process.
Statelessness → Condition where a person is not recognized as a citizen by any country, often resulting from denaturalization.

This Article in a Nutshell

Losing U.S. citizenship through denaturalization is rare but life-altering. It applies mainly to naturalized citizens when fraud or misrepresentation is found. Rights and immigration status change immediately, with potential impacts on family. Accuracy and honesty during naturalization are critical, and legal support is essential if proceedings begin.
— By VisaVerge.com

Read more:

• ICE Plans to Deport Jorge Antonio Velez-Lopez, Former Baltimore Priest
• Trump Officials Plan to Revoke Migrant Protections Under Biden Policies
• Trump’s New Focus: Could Naturalized Citizens Lose U.S. Status?
• Supreme Court Ruling Denies Automatic Right for Noncitizen Spouses
• Grounds for US Citizenship Revocation: Can Your Citizenship Be Revoked?