Denaturalization Process

You can lose your U.S. citizenship through a denaturalization process for a number of reasons, from being charged as a terrorist to making false claims on your citizenship application. Once you’re involved in this process, you need to have an experienced attorney on your side to fight for you. In New York City, there’s no better advocate for you and your family than Alina Kats at Kats Immigration Law. Call today if you’re facing deportation or you need any other type of immigration advice and representation.

What Is Denaturalization?

Immigrants who became citizens by going through naturalization may have your citizenship taken away in a process called denaturalization. The U.S. Citizenship and Immigration Services (USCIS) can initiate these proceedings if they believe there’s sufficient evidence that you’ve taken actions that makes you subject to denaturalization.

Denaturalization doesn’t happen often, but it can happen and under the Trump administration, denaturalization procedures increased dramatically. If you’re facing denaturalization or if you need expert help with stopping deportation and removal proceedings or any type of immigration appeals, rely on the expertise of an experienced immigration attorney at Kats Immigration Law. Alina Kats works closely with immigration services so you and your family have the best advice for maintaining your citizenship and residency in the U.S.

Why Are Denaturalization Procedures Initiated?

The USCIS may identify issues with an application or your behavior after naturalization has been completed. Some of the common reasons denaturalization may be initiated include:

• Dishonesty on citizenship application. If the USCIS determines that there was willful misrepresentation of facts during the naturalization process that may have affected the decision to grant citizenship, you may face denaturalization procedures.
• Belonging to certain organizations. There are subversive or terrorist organizations considered a threat to the U.S., and if you belong to one of these organizations, your citizenship may be revoked. Examples of this type of organization include Al Qaeda and the Communist Party. You could also lose citizenship if you engage in terrorist activities, commit acts intended to harm a U.S. official or attempt to overthrow the government.
• Dishonorably discharged from the military. If you’re a veteran that received citizenship because of military service, you could face denaturalization if you serve less than five years honorably in the military and are discharged under anything other than honorable conditions. Reasons for a dishonorable discharge include sexual assault and desertion.
• Failure to comply with orders to testify. If you were court-ordered to testify before a U.S. Congressional committee because of a suspicion of your involvement with a terrorist organization and you refuse to comply, USCIS is likely to initiate denaturalization procedures.

Lying to an official at any time during the naturalization process can be considered grounds for denaturalization. Examples of things people may be dishonest about include lying about their identity or about previous criminal activities. Fraudulent activity such as marriage fraud can also lead to loss of citizenship. USCIS can file a denaturalization procedure against you at any time if willful misrepresentation is discovered.

What Happens during the Denaturalization Process?

When denaturalization is initiated, a complaint is filed in U.S. District Court stating that the USCIS is recommending that your citizenship be revoked. The location of the court depends on where you live. Other steps in the denaturalization process include:

• The recommendation from USCIS is forwarded to the Department of Justice. (DOJ).
• The DOJ can file a complaint through civil court or criminal court.
• The government must present convincing evidence that’s clear, unequivocal and doesn’t leave the issue in doubt. Circumstantial evidence isn’t sufficient.

If the denaturalization decision is made against you, you have 60 days to appeal. You also have the right to a voluntary departure, which means you choose to leave the country rather than wait for a judicial order to be issued against you. If you’re denaturalized, you may be deported or you may be restored to the status of lawful permanent resident, which was your status before becoming a citizen. You may lose other rights, such as your right to vote.

Denaturalization may also affect your loved ones. If your citizenship is revoked, you can no longer petition for your spouse or child to obtain legal status. If they already received citizenship based on their relationship to you, they could lose their citizenship if you’re denaturalized because of willful misrepresentation or concealing a material fact.

How Can an Immigrant Appeal or Defend against Losing Citizenship?

There are many possible defense arguments against denaturalization. The best strategy for appealing or defending against losing citizenship depends on the underlying reason you’re faced with denaturalization. Some examples of possible defenses against denaturalization include:

• The evidence USCIS has presented is based on mistaken identity.
• Accusations that you lied on your citizenship application are false.
• You aren’t affiliated with a terrorist group and the person who’s guilty of that may be a person with the same name as you.
• The statute of limitations has passed.

The government has the burden of proof in a denaturalization procedure. They must have evidence that’s very clear, and it can be difficult to provide solid evidence that concealment of facts on your citizenship application was intentional. As part of your defense, you have a right to provide evidence and witnesses on your behalf.

Do I Need an Immigration Attorney?

The immigration laws in the United States are extremely confusing and simple mistakes can have serious consequences. It’s in your best interest to have an experienced immigration attorney on your side for any aspect of immigration that you don’t fully understand, especially if you’re facing denaturalization or deportation and removal proceedings.

For the best chance of retaining your citizenship, you need the help of an attorney with a proven record of winning immigration cases rather than trying to face a denaturalization process alone. If you’re looking for a top-notch immigration lawyer in New York City, contact Alina Kats. She’s committed to protecting your citizenship and she can answer any questions you have and explain your options. Schedule a virtual consultation or in-person if you’re in New York City.