Is U.S. Citizenship Permanent, or Can It Be Taken Away

U.S. citizenship is often seen as a permanent status, a lifelong membership that grants you a host of rights and privileges. The reality is that although it’s a rare occurrence, your citizenship actually can be revoked, which can lead to serious legal and personal consequences. There are a few particular grounds for revoking your status as a naturalized citizen and specific legal processes involved. If you find yourself in this situation, you should hire an experienced immigration attorney to have by your side.

Understanding U.S. Citizenship: A Basic Overview

United States citizenship is a legal status that confers Americans with specific rights, duties, protections, and benefits in this country. The fundamental rights that US citizens enjoy are derived from and protected by the Constitution and laws of the United States, such as freedom of expression, due process, and the right to vote, live and work in the United States. You can become a US citizen in one of two ways:

  • You can acquire citizenship by being born on United States territory or—if you’re born elsewhere—through the U.S. citizenship of your parents either at birth or after birth.
  • You can become a naturalized citizen if you are a lawful permanent resident who has met the requirements established by Congress in the Immigration and Nationality Act (INA).

Perhaps because U.S. citizenship is sought after and valued throughout the world, there’s a general belief that it is permanent once awarded. Of course, as with citizenship status in most countries, that’s a mistaken perception. Although U.S. citizenship is the most secure immigration status in existence, and revocations are rare, limited exceptions do exist.

Reasons for Revocation of Naturalization

Your naturalized status can be revoked by U.S. Citizenship and Immigration Services (USCIS) on the following grounds:

You procure naturalization illegally. Your naturalized status can be revoked if you procured naturalization illegally. Procuring naturalization illegally simply means that you were not eligible for naturalization in the first place. Accordingly, any eligibility requirement for naturalization that you didn’t meet can form the basis for an action to revoke your naturalization. This includes the requirements of residence, physical presence, lawful admission for permanent residence, good moral character, and attachment to the U.S. Constitution. If it’s discovered that you failed to comply with any of the requirements for naturalization at the time you became a U.S. citizen, your naturalization will be considered illegally procured. This applies even if you are innocent of any willful deception or misrepresentation.

You conceal material facts, or you willfully misrepresent yourself. Your naturalization can be revoked if you have deliberately misrepresented or failed to disclose a material fact or facts on your naturalization application and subsequent examination. This includes omissions you make as well as affirmative misrepresentations. The misrepresentations can be either oral testimony that you provide during the naturalization interview or include information contained in your application. The courts determine whether any facts you misrepresented or concealed are material, based on how much they might have affected the decision on your naturalization.

You are a member or affiliate of certain organizations. According to USCIS, your naturalization can be revoked if you become a member of, or affiliated with, “the Communist party, other totalitarian parties, or terrorist organization within five years of his or her naturalization.” The USCIS also states that “in general, a person who is involved with such organizations cannot establish the naturalization requirements of having an attachment to the Constitution and of being well-disposed to the good order and happiness of the United States.” The USCIS further stipulates that the fact that you become involved with such an organization within five years after the date of naturalization is “prima facie evidence that he or she concealed or willfully misrepresented material evidence that would have prevented the person’s naturalization.”

You receive a dishonorable discharge before five years of honorable service after you are naturalized. Your naturalized status may be revoked if you were naturalized based on honorable service in the U.S. armed forces, and then separated from the U.S. armed forces under other than honorable conditions before you serve honorably for a period or periods aggregating at least five years.

How the Denaturalization Process Works

The denaturalization process begins with a formal complaint against you—often through the Department of Justice or the Department of Homeland Security—to which you may respond. You may also defend yourself at trial or hire an immigration attorney. You have 60 days to file a motion in response, in which you could argue that either the government has the wrong information or the statute of limitations has expired.

Typically, the denaturalization process takes place in federal court—specifically in the district court where you live. It follows the standard rules of federal civil court cases: you would be entitled to legal representation and the opportunity to present evidence and arguments in your defense. Although it affects your immigration status, the procedure is not treated as an immigration case.

You may appeal your denaturalization decision if you believe the lower court made legal errors.
Your best defense will depend on the specific reasons USCIS initiated proceedings and whether your case is in the early stages or at the appeals stage. Successfully appealing a denaturalization decision requires a nuanced understanding of the law. An immigration attorney will be able to identify any legal errors made in your case.

On the one hand, the U.S. government has a heavier burden of proof that you meet the criteria for denaturalization than they do for most civil cases. On the other hand, they don’t have to prove anything beyond a reasonable doubt, as they would in a criminal case. If you’re found in violation of the terms of citizenship, you must leave the country. Further, the children who were granted citizenship based on your status may also lose their citizenship as well.

How an Immigration Attorney Can Help

An attorney specializing in immigration law can help you in many ways If you’re dealing with denaturalization. They can help gather and present evidence, formulate arguments for your case and advocate on your behalf in court. They can also advise you on the best strategy to adopt if the initial decision on your case is unfavorable. Throughout, your attorney can help you understand the broader implications of getting your citizenship revoked, including its effect on your family members and long-term residency status.

Contact an Immigration Attorney

Do you have questions about how to bring your family to the U.S. on your Diversity Visa? Then contact US Immigration Law Counsel through our website or by calling 1-800-666-4996. We deal with the government so you don’t have to. We look forward to helping you at this time.

STRATEGY SESSION

Schedule Your Consultation Now

Name

All fields are required. Florida Immigration Law Counsel is a law firm. However, the use of the internet or this form for communication with us does not establish an attorney-client relationship. We will discuss your options with you.

More Posts

More Posts

Blog

Extending an Expiring Visa

Is your visa expiring soon? If so, you should check out this blog post, where we discuss extending your visa or getting a change of status.

Read More »

Attorney Saman Movassaghi, Esq.

Caring and compassionate, Saman Movassaghi Gonzalez is a Florida immigration attorney dedicated to producing the results her clients need. She has over 17 years of experience helping both corporate and individual clients with an emphasis in employment/investment cases and family adjustment cases.

As the Managing Attorney at Florida Immigration Law Counsel, Saman Movassaghi Gonzalez and her team are capable of representing and helping individuals looking to attain a Family VisaWork Visa, and Citizenship/Naturalization. Her experience successfully representing clients in front of the Department of Justice for cases involving Deportation/Removal Proceedings will lead to success in your case.

Her experience and expertise in immigration litigation has led to multiple Avvo awards and other accolades, including the Clients’ Choice for 2017 Immigration Attorney. Her clients also consistently post positive reviews on her Facebook page. Her experience has also allowed her to teach a new generation of lawyers as an adjunct professor of law at Nova Southeastern University, and she also regularly gives speeches on immigration matters.

Counselor Gonzalez is also experienced in helping corporate clients through the process of filing for Employment Visas, Labor Certifications, and Business and Investment Visas with the Department of Labor. She takes on the entire case from start to finish, simplifying the process for her clients and allowing them to focus on their business.

Fluent in English, Spanish, and Farsi – Saman Movassaghi Gonzalez is dedicated to making her clients feel comfortable and assured in making her their go-to immigration attorney in Florida. Her goal is to ensure that those who want to live the American dream have a professional fighting for them and making the process as painless as possible.

Saman’s passion for immigration law stems from her personal life as the daughter of immigrants. Her parents were recipients of the student F1 visa in 1971. Her father came into this country with the goal to improve his life and the life of his children. He earned a PhD in Civil Engineering and Business, instilling in his daughter a strong work ethic that she carries to this day. Saman saw firsthand what it means to be an immigrant and achieve the American Dream.

Saman Movassaghi Gonzalez can personally understand the struggle of immigrants and the children of immigrants navigating through the bureaucratic process of immigration law. Because of this, she dedicates herself fully and provides her personal attention to every case. She prides herself on developing a strong relationship with each and every client, and she is not afraid of pushing the envelope and looking for answers where other attorneys have failed.

Saman Movassaghi makes it her goal to provide you with only the best representation for immigration matters because she believes it’s time for you to live the American dream!