What Is Denaturalization?
Denaturalization is the legal process in which a naturalized U.S. citizen is stripped of their citizenship by the federal government. This action means losing all rights and privileges associated with being a citizen, including the right to vote, obtain a U.S. passport, or sponsor loved ones for green cards.
Denaturalization cannot be done to someone who only has a green card; it specifically refers to someone who has become a citizen and was not originally one by birth. Reach out to our experienced immigration lawyers in Peachtree Corners for a confidential case review today.
Common Reasons for Denaturalization
The federal government does not generally revoke citizenship for minor mistakes. Denaturalization typically occurs in cases involving clear acts of fraud or illegal conduct during or after the naturalization process. Here’s when it often happens:
Fraud or Misrepresentation
One of the most common and aggressively prosecuted reasons for denaturalization is fraud or misrepresentation during the application process. This can mean providing false information when applying for citizenship, either orally during the interview or in documents. Examples of fraud or misrepresentation include:
- Failing to disclose prior criminal history (including arrests or convictions that reflect on moral character)
- Using or submitting identification or birth records that are false or belong to someone else
- Falsifying answers on the Form N-400 naturalization application
- Hiding immigration violations such as previous orders of removal or illegal entries
Even a small lie or omission, if deemed “material” to whether you would have received approval, can later be grounds for the U.S. government to take legal action and strip citizenship.
Illegal Procurement of Citizenship
If a person never should have been granted citizenship because they actually failed to satisfy a fundamental eligibility rule, citizenship can sometimes be exposed through post-grant review and later revoked. Immigration law says that all legal requirements must have truly been met before citizenship is properly granted.
Examples of illegal procurement include:
- Not having lived in the U.S. as required by the physical presence standards
- Not being able to demonstrate “good moral character,” due to criminal history or certain acts like fraud
- The underlying green card was obtained illegally or through misrepresentation
Membership in Certain Organizations
Naturalized citizens found to have belonged to, or remained involved in, organizations hostile to the United States or linked to anti-U.S. activities, are at risk of denaturalization. This typically pertains to membership in groups labeled as terrorist organizations.
Defending Against Denaturalization
Individuals who face denaturalization have the legal right to defend themselves in federal court. With the help of an experienced immigration lawyer, you can present arguments and evidence that challenge the government’s claims and protect your citizenship. Common defenses include:
The Alleged Misrepresentation Was Not Material
You can defend against denaturalization by showing that any false statement, omission, or mistake was not truly material to the outcome of your case. If the undisclosed information would not have caused your citizenship application to be denied, then it should not be a basis for taking away your status.
The Information Was Disclosed or Misunderstood
It’s possible some “misrepresentations” stemmed from misunderstanding forms or language barriers. If you can show you did disclose the information, or if a confusing or misinterpreted question led to honest mistakes, this can be a valid defense.
The Government Lacks Sufficient Evidence
The burden of proof falls on the government; they must present “clear, convincing, and unequivocal” evidence to justify denaturalization. If they’re unable to do this, their case won’t be successful.
Challenging denaturalization isn’t easy, and should be done with legal help. If you receive any warning or notice about possible denaturalization, reach out to our Georgia immigration lawyer at Bridger Law Group today for immediate help and support.
