What is Denaturalization?

Many people believe that once you receive your citizenship, it’s yours forever. The signature is there, and it can no longer be taken from you. In most cases, that’s true – as long as you were truthful and followed the right steps.

However, in cases where it was discovered that citizenship wasn’t given rightfully, the person may be subjected to denaturalization. Read this article and find out why a person may get naturalized and how they are affected by it.

What Is Denaturalization?

Denaturalization is the process in which a naturalized immigrant is stripped of their U.S. citizenship by the government. This may only occur through judicial procedure – and this may follow through several scenarios. It may be through a civil proceeding, or it may go as far as a criminal conviction for fraudulent naturalization.

When there is enough evidence that a certain person should be subjected to denaturalization, USCIS (U.S. Citizenship and Immigration Services) will refer that case to the DOJ (Department of Justice). The DOJ will then file for the revocation of their citizenship (if they found a civil case) or for criminal convictions (for criminal cases).

Rather than contesting these proceedings, a defendant may choose to renounce their citizenship voluntarily. Sometimes, this is a better alternative. Once their status is revoked, they will go to the status they had before receiving their citizenship. If it’s not possible or it’s not the case anymore, they will be deported – or if the denaturalization was a result of criminal activity, they will face jail time.

Why the Federal Government Is Focusing on Denaturalization

These efforts to denaturalize citizens that are not worthy of a citizen status are nothing new. For example, in 2010, the Department of Homeland Security began the Operation Janus taskforce in order to find the individuals that should not have been allowed naturalization. Around that time, many people took advantage of the fact that fingerprints were still taken on paper – which meant a slower procedure to identify who’s who.

As a result, many people that had a criminal past naturalized under an alternate identity or purposely withheld information. As the fingerprints are being digitized, more and more people’s past is being discovered – which led to various denaturalization processes from 2016 until now.

Reasons a Person Can be Denaturalized

There are two reasons why a person may be subjected to denaturalization. This is how an individual may have their citizenship revoked:

Illegal Procurement of Naturalization

If an individual illegally procured their paperwork and did not follow the right steps for their naturalization, it means that they were likely not eligible for their citizenship in the first place. This can happen whether they did it willfully or if they simply hid documents or proof that should not have allowed them to become citizens of the United States.

For example, at the beginning of 2015, the District Court of Northern Texas revoked the citizenship of South Korean Sammy Chang under the illegal procurement of naturalization. This happened after Sammy admitted that he used to smuggle women from South Korea and forced them to work for him before he received his citizenship. This act reflected on his moral character, and it should have barred him from getting his citizenship, in the first place.

Moreover, the federal government may decide to have your citizenship revoked if the individual concerned is involved with a totalitarian, terrorist, or communist party 10 years after filing, or 5 years after receiving their citizenship. This affiliation with certain political parties will show that they lied in their interview. It shows that they are not in any way attached to the principles stated in the Constitution of the United States.

Procurement of Naturalization by Concealing a Material Fact or by Willful Misrepresentation

A person may have their citizenship revoked in case they purposely conceal crucial facts or they deliberately allow for the misinterpretation of their status. This can happen both during the interview, as well as in the application for naturalization. The citizen is bound by law to clarify any misinterpretations and not allow them to go on just for the purpose of receiving their naturalization. Once the truth comes to the surface, the person risks losing their citizenship and receives a black mark on their record for the rest of their life.

For example, a person may misstate their employment so that USCIS doesn’t find out their real job is actually activating in concealment. If the person in question hides the fact that they are working or claims they have a different job to what they normally do, they risk having their citizenship revoked.

What Are the Limits on Denaturalization?

Yes, the U.S. federal government needs to bring quite a high amount of proof if they wish to denaturalize someone – no matter if it is done by civil proceedings or by criminal charges. If the denaturalization is civil, then the government must show proof that is “convincing, clear, and without any issue that creates doubt.” As long as the evidence clearly says that the naturalization was procured illegally, then the individual will be stripped of their citizenship.

This changes even further for criminal denaturalization. For civil, it has to be “clear and convincing” – but for criminal, the government must come with “proof that goes beyond any reasonable doubt.” Unless there is clear evidence against them, the government may not strip them of their citizenship on a “maybe.”

Can Military Members Be Denaturalized?

Yes, military services are not exempt from denaturalization. That being said, denaturalization happens under the following circumstances:

• The veteran received their citizenship before or after the 24^th of November, 2003.
• The veteran honorably served the U.S. Army for less than 5 years, after which they were separated from the army under less than honorable circumstances.

Can Denaturalization Affect Other Family Members?

Whether other family members will be affected or not will depend on the nature of their visa. For example, if they came on their own visa (work visa, education, etc.), the fact that they were denaturalized won’t cause any concerns for the family.

However, in case their visa is strictly based on the fact that he or she was a citizen of the United States, then other family members may also be affected. Their privileges will be revoked along with the nullification of citizenship.

If they can’t remain in the United States on another type of visa, then they will be forced to return to their homeland. However, this often depends on the way in which the documents were procured. In certain circumstances, children or spouses may be able to maintain their status even if the papers were legally obtained – but this is a situation that you will have to discuss with a lawyer.

Final Thoughts

While uncommon, denaturalization may still happen. In case you become subject to denaturalization, it is recommended that you get a good attorney working for you. However, when the evidence is clear, going to court might do you more bad than good – which is why you need to choose your battles. As long as you follow the list of requirements and you are truthful during the interview, then you should not worry about denaturalization.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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