Can a U.S. citizenship be taken away?
Can a U.S. citizenship be taken away?
Generally, the naturalized U.S. citizenship can be revoked by the U.S. government per INA 340(a) or 8 USC 1451. The U.S. government can initiate denaturalization proceedings if the evidence proves (through litigation process in the Federal Court) that the citizen obtained U.S. citizenship illegally or through fraud (example: misrepresenting information on their citizenship application).
Can a naturalized U.S. citizen be deported?
The short answer is “No”. Specifically, a naturalized U.S. citizen cannot be deported unless their citizenship is first revoked through a legal process called denaturalization.
What is the difference between a U.S. citizen and a naturalized U.S. citizen?
A naturalized citizen is someone who was not born a U.S. citizen but obtained U.S. citizenship through the naturalization process. Essentially, naturalization is a unique path to becoming a U.S. citizen.
Are there other reasons that lead to lose U.S. Citizenship?
The individual may lose their U.S. citizenship in specific scenarios such as if they:
Run for public office in a foreign country (under certain conditions)
Enter military service in a foreign country (under certain conditions)
Apply for citizenship in a foreign country with the intention of giving up U.S. citizenship
What are specific examples that can lead to denaturalization?
A criminal conviction — Criminal conviction 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. If Federal Judge determines that the U.S. citizenship was obtained by a willful misrepresentation, their naturalization can be revoked (denaturalization).
Violation of Naturalization Requirements — If the individual does not establish the requirements of residence, physical presence, lawful admission for permanent residence, good moral character, and attachment to the U.S. Constitution, that can lead to revoking of their naturalization.
Membership or Affiliation with Certain Organizations — The 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 — A person obtained their naturalized citizenship through wartime military service may be revoked if the individual is discharged under other than honorable conditions within a specified time frame.
Note: This information is for generally educational or informational purposes only and it does not constitute legal advice.
