4 Reasons for Losing U.S. Citizenship by Denaturalization
U.S. citizenship is often viewed as permanent, but denaturalization can lead to the loss of citizenship under specific legal violations. Learn about the reasons and rising cases since February 2020, as well as the implications of this process.
11/14/20242 min read
U.S. citizenship, once granted, is often seen as permanent. However, naturalized citizens are not immune to having their citizenship revoked under certain circumstances. This process, known as denaturalization, involves the loss of citizenship due to specific legal violations. Understanding these reasons is crucial, especially given the rise in denaturalization cases following the establishment of a dedicated division within the Department of Justice in February 2020. Below, we delve into the four main reasons why an individual might face denaturalization.
1. Procuring Citizenship Illegally
The first and most straightforward reason for denaturalization is when a person obtains U.S. citizenship through illegal means. This occurs when an individual fails to meet the eligibility requirements necessary for naturalization. Examples include:
Not having a valid green card for the required period.
Failing to satisfy age requirements (e.g., being under 18).
Violating any other specific prerequisites of the naturalization process.
If it is discovered that an individual was ineligible at the time of their naturalization, their citizenship can be revoked.
2. Deliberate Deceit or Concealment of Material Facts
The second reason revolves around deliberate deceit or the concealment of material facts during the naturalization process. Citizenship can be revoked if the following conditions are met:
Willful Misrepresentation or Concealment: The individual intentionally misrepresented or omitted information.
Material Fact: The omitted or misrepresented information was significant enough to impact the decision to grant citizenship.
Causation: The deception directly resulted in the approval of the naturalization.
This includes providing false information or failing to disclose pertinent details on the naturalization application or during the interview. Both acts of omission and affirmative misrepresentation are grounds for denaturalization if they meet the aforementioned criteria.
3. Membership in Certain Organizations
The third reason is membership in specific groups, such as:
The Communist Party.
Other Totalitarian Parties.
Terrorist Organizations.
If a naturalized citizen becomes a member of or affiliates with such organizations within five years of obtaining citizenship, they risk denaturalization. This rule reflects the U.S. government's stance on safeguarding national security and democratic values.
4. Dishonorable Military Discharge
The fourth and final reason applies specifically to individuals who became U.S. citizens through military service. If a person receives an other-than-honorable discharge before completing five years of honorable service, they can face denaturalization. This only pertains to those who acquired their citizenship by serving in the U.S. armed forces and did not uphold the conditions of service necessary to retain citizenship.
Recap of the Four Reasons:
Illegal Procurement of Citizenship: Citizenship obtained without meeting legal requirements.
Deliberate Deceit: Misrepresentation or concealment of material facts during the naturalization process.
Membership in Prohibited Organizations: Joining totalitarian or terrorist groups within five years of naturalization.
Dishonorable Military Discharge: Receiving an other-than-honorable discharge before five years of service after gaining citizenship through military service.
Conclusion
Denaturalization is a serious legal process that can strip a naturalized citizen of their status. As the number of denaturalization cases continues to grow, understanding these four key reasons helps in recognizing the importance of integrity throughout the naturalization process. If you or someone you know could benefit from this information, it is crucial to share it widely. Always stay informed, and when in doubt, seek guidance from an experienced immigration lawyer to ensure compliance with all naturalization requirements.