Although it’s very rare, it’s possible for a naturalized citizen to lose their citizenship. In the de-naturalization process, former citizens can be deported from the US; those born in the US cannot have their citizenship taken away, but may renounce it on their own. Here, you will learn the grounds for de-naturalization, and you will learn which defenses your Naturalization Lawyer can use.
Reasons for De-naturalization
When filling out immigration paperwork or undergoing a naturalization interview, you must be completely honest. Even if the USCIS doesn’t recognize that you’ve falsified your records, it can file against you after your citizenship is granted. If a congressional committee accuses you of subversion, you must testify before that committee if you’ve been naturalized for less than ten years. Citizens can lose their status if they join subversive groups (such as Al Qaeda) within five years of naturalization, and a dishonourable discharge from the military can result in de-naturalization as well.
Losing Your Citizenship Through Denationalization
De-naturalization occurs in a defendant’s district court, and the procedure is governed by the same rules as other federal civil cases. Though the process affects a defendant’s immigration status, it is not considered an immigration case. A naturalized citizen who violates the terms of US citizenship may be forced out of the country; children who gain citizenship because of a parent’s status can also lose their status.
As with other civil cases, a de-naturalization starts with a complaint. The defendant can respond and defend himself or herself at trial, or they can hire a lawyer from the Bell Law Office. The burden of proof for de-naturalization is very high – much higher than in other civil cases. Citizenship is a right, and it cannot be stripped unless the burden of proof is met. If you lose your case and your citizenship, you can be deported almost immediately after the verdict.
Defenses
Those who lose their citizenship can appeal if there’s reason to believe that a mistake was made in court. A person facing de-naturalization isn’t considered to be concealing information if there’s insufficient evidence to prove the concealment, or if there was no formal inquiry about the information. Your Naturalization Lawyer can use these facts to build a strategy that may help you keep your citizenship. For more details click here.
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