Many foreign nationals dream of becoming citizens of the United States. One must meet the strict eligibility requirements and complete the naturalization process to achieve this aspiration. Naturalization provides numerous benefits, including retaining the right to vote, obtaining a U.S. passport, bringing additional family members to the U.S. for citizenship, holding positions in government, and more. Generally, once an individual is granted U.S. citizenship, they retain it for life. However, there are circumstances where an individual’s legal status is involuntarily terminated through denaturalization. Please continue reading to learn when denaturalization is imposed and how our trusted Essex County Deportation Defense Attorneys can help safeguard your rights.
How Can U.S. Citizenship Be Legally Removed?
As mentioned above, while relatively rare, naturalized U.S. citizens can have their citizenship revoked. When U.S. citizenship is stripped, the process is called “denaturalization.” Under the 14th Amendment to the U.S. Consitution, the government cannot revoke the citizenship of a natural-born U.S. citizen. However, the government may revoke the citizenship of a naturalized U.S. citizen if certain circumstances warrant such action.
A common misconception when a naturalized U.S. citizen loses their citizenship, is that they will be required to leave the country. However, instead, they may revert to their previous legal status in the U.S. unless they are subject to grounds for removal. Removal, also called deportation, means the individual would have to return to their home country. Nevertheless, denaturalization can only occur if a naturalized U.S. citizen improperly received their legal status when they were not eligible for it or committed fraud to acquire citizenship.
What Are the Grounds for Denaturalization?
Denaturalization proceedings take place in federal court, and those found to violate the terms of their citizenship will be required to leave the country. One ground for losing citizenship is if it was wrongfully gained. During all stages of the naturalization process, it’s imperative to remain transparent and truthful about your eligibility. If you lie on your application or during your interview, you can have your naturalization revoked. This includes failing to disclose criminal activities or even lying about your identity.
Another way you can lose your U.S. citizenship as a naturalized citizen is by refusing to testify before Congress. Those who engage in subversive acts intended to harm or overthrow the U.S. government can have their citizenship revoked due to the Immigration and Nationality Act. Citizenship can also be revoked if it can be proven that you join a supervised organization within five years of becoming a naturalized citizen. Subversive organizations are groups that pose a threat to U.S. national security, such as Al Qaeda. Membership in a renegade group can result in your citizenship being revoked. In addition, those who are dishonorably discharged before serving five years of military service can have their citizenship stripped away.
If you’re facing denaturalization, please don’t hesitate to contact a trusted attorney from the Law Offices of Christopher T. Howell, Esq., who can protect your rights and guide you toward a positive conclusion.
