The quick answer is, probably not. Unless you obtained your status through fraud then it is not something you should be concerned about. However, denaturalization is complicated so if you want to understand how it works then you’ll need to read the summary below.
A Brief Guide to the Revocation of Naturalized U.S. Citizenship
- Denaturalization is the revocation of U.S. citizenship for a naturalized immigrant by the U.S. government.
- It can only occur by judicial order through civil proceedings or a criminal conviction for naturalization fraud.
- The main grounds are:
- 1. willful misrepresentation or concealment of a material fact; and
- 2. illegal procurement (not being eligible in the first place).
- There is no statute of limitations for pursuing a civil denaturalization case.
- An individual whose citizenship is revoked returns to their previous immigration status and may face deportation.
- The federal government must meet a high burden of proof—”clear, convincing, and unequivocal evidence” for civil cases.
What is Denaturalization?
Denaturalization is the legal process by which the U.S. government revokes the United States citizenship of a naturalized immigrant. This action must occur by a judicial order, which can be issued through civil proceedings or as a result of a criminal conviction for naturalization fraud.
When the U.S. Citizenship and Immigration Services (USCIS) finds “sufficient evidence,” it refers cases for civil or criminal denaturalization to the Department of Justice (DOJ). The DOJ’s U.S. Attorney’s Office then files the necessary legal action in Federal District Court. An individual whose citizenship is revoked reverts to the immigration status they held before becoming a U.S. citizen and may face deportation if they lack lawful status.
Grounds for Denaturalization
The federal government generally pursues denaturalization under two main grounds:
- Procurement by Concealment or Willful Misrepresentation:
- This applies if an individual deliberately deceived the government by failing to disclose or actively misrepresenting a material fact that influenced the decision to award them citizenship.
- To be denaturalized on this basis, the government must show the misrepresentation/concealment was willful, material, and that the individual procured citizenship as a result of it.
- Affiliation with a totalitarian party, the Communist Party, or a terrorist organization within a specific timeframe (ten years before or five years after naturalization) also falls under this category, as it indicates a lack of attachment to the U.S. Constitution.
- Illegal Procurement of Naturalization:
- This applies if the individual was not eligible for naturalization because they failed to meet all statutory requirements, such as those related to lawful admission, physical presence, residence, or good moral character.
- In this scenario, citizenship can be revoked even if the individual did not engage in willful deception. For example, a court revoked the citizenship of an individual who had committed human smuggling prior to naturalization, a factor that should have barred him from obtaining citizenship due to poor moral character.
Limitations and Burden of Proof
The federal government faces a high burden of proof in these cases:
- Civil Denaturalization: The government must show “clear, convincing, and unequivocal evidence which does not leave the issue in doubt”. There is no statute of limitations for these cases.
- Criminal Denaturalization: The government must show “proof beyond a reasonable doubt” that the individual knowingly obtained citizenship through fraud. These cases are subject to a ten-year statute of limitation.
The Supreme Court has narrowed the scope for criminal denaturalization, ruling that an illegal act must have played a role in the individual acquiring U.S. citizenship. “Small omissions and minor lies” that did not influence the award of citizenship are not sufficient grounds for denaturalization.
Impact on Family
A spouse or child who became a U.S. citizen through the naturalization of a parent or spouse may lose their U.S. citizenship if the parent/spouse’s citizenship is revoked based on concealment of a material fact or willful misrepresentation.
However, family members do not lose their U.S. citizenship if the parent or spouse’s citizenship is revoked due to the illegal procurement of naturalization.
Recent Trends in Denaturalization Efforts
The number of denaturalization cases filed by the DOJ has increased in the last decade.
The DOJ’s Civil Division has recently directed attorneys to prioritize denaturalization cases as one of its top enforcement priorities, expanding the categories of focus beyond the historical concentration on war criminals and terrorist funders. These priority categories now include naturalized citizens who have:
- Posed a potential danger to national security (terrorism, espionage).
- Engaged in human rights violations, torture, or war crimes.
- Committed felonies that were not disclosed during naturalization.
- Engaged in financial fraud against the United States (PPP, Medicaid/Medicare).
Some experts are concerned that broad denaturalization efforts could lead to the revocation of citizenship for individuals who made minor or unintentional errors or omissions on their naturalization application, especially given that there is no statute of limitations for civil denaturalization and certain application questions can be broad or vague.
💥 Consequences of Denaturalization
The consequences of denaturalization are severe and wide-ranging.
For the Individual Whose Citizenship is Revoked:
- Loss of Citizenship and Immigration Status: The individual loses their U.S. citizenship. They return to the immigration status they held before becoming a U.S. citizen. In many cases, this status is that of a Lawful Permanent Resident (LPR).
- Risk of Deportation (Removal): Once denaturalized, the individual becomes subject to the laws governing non-citizens. The conduct used to revoke citizenship (e.g., criminal activity, fraud) is often an independent and sufficient ground for the government to initiate deportation (removal) proceedings before an immigration judge.
- Surrender of Documents: The court enters an order canceling the Certificate of Naturalization, and the individual must surrender this certificate.
- Loss of Rights: The individual loses fundamental rights and privileges associated with citizenship, such as the right to vote, work, receive certain benefits, and travel with a U.S. passport.
- Potential Jail Time: If the citizenship was revoked because of a criminal conviction, the individual may also serve jail time.
- Option to Renounce: An individual can choose to voluntarily renounce their U.S. citizenship rather than contest the court proceedings.
For Family Members:
Family members who obtained their own U.S. citizenship through the naturalization of the revoked individual may also lose their citizenship, depending on the grounds for denaturalization.
| Basis for Parent/Spouse’s Revocation | Impact on Naturalized Spouse or Child |
| Procurement by concealment of a material fact or willful misrepresentation | Citizenship is lost, regardless of whether the spouse or child lives inside or outside the U.S.. |
| Illegal procurement of naturalization | Citizenship is not lost. |
| Affiliation with a totalitarian/terrorist organization or other than honorable military separation | Citizenship is lost only if the spouse or child resides outside the U.S. at the time of revocation. |
