Revoking Naturalized Citizenship or Denaturalization

According to INA 340(a) or 8 USC 1451, the naturalized U.S. citizenship can be revoked by the U.S. government for many reasons. Specifically, if the government can prove that (but not limited to) if the individual was not eligible for citizenship at the time it was granted, or if they obtained it through fraud or concealment, their naturalized citizenship can be revoked.

What are specific examples that can lead to denaturalization?

• A criminal conviction for naturalization fraud can lead to the revocation of citizenship. 

  Examples: Individuals who have committed serious crimes, such as sex offenses, war crimes, or terrorism, may face denaturalization by the Department of Justice.

•  Willful misrepresentation

  Naturalization can be revoked if obtained through fraudulent means, like concealing a material fact or making a willful misrepresentation on the application.  According to case law, Kungys v. United States, 485 U.S. 759, 767 (1988), the misrepresentations can be oral testimony provided during the naturalization interview or can include information contained on the application submitted by the applicant. The courts determine whether the misrepresented or concealed fact or facts were material. The test for materiality is whether misrepresentations or concealment had a tendency to affect the decision. It is not necessary that the information, if disclosed, would have precluded naturalization.

•  Violation of Naturalization Requirements or Person Procures Naturalization Illegally

  According to INA 316 or 8 USC 1427, the person was not eligible for naturalization. This includes the requirements of residence, physical presence, lawful admission for permanent residence, good moral character, and attachment to the U.S. Constitution and that lead to revoke the naturalization of a person.

•  Membership or Affiliation with Certain Organizations

  According to INA 313, INA 340(c) and 8 USC 1424, a person who is involved with such organizations cannot establish the naturalization. Specifically, their naturalized citizenship can be revoked if the person becomes a member of, or affiliated with, the Communist party, other totalitarian party, or terrorist organization within five years of his or her naturalization.

• Discharge from Military Service under other than honorable conditions

  According to INA 328(a) and (f), INA 329(a) and (c), 8 USC 1439, and 8 USC 1440, (for example): a person obtained their naturalized citizenship through wartime military service may be revoked if the person is discharged under other than honorable conditions within a specified time frame.