Insight into the Denaturalization Process

US flag with citizenship and immigration services paper

It is a rare thing but citizenship can be stripped from U.S. citizen who became so through naturalization. The process is called denaturalization. Birth-right citizenship is guaranteed by the 14th amendment of the Constitution. Therefore, U.S. citizens who are natural-born as such cannot lose citizenship without their consent, but may renounce citizenship if they so wish.

People who were not born in the United States however, can face this situation and they will need an immigration attorney in OKC to handle the situation on their behalf.

Grounds justifying Denaturalization

When it comes to revoking one’s citizenship, there should be valid reasons behind it. Here are some valid grounds for revoking citizenship through denaturalization.

  1. Concealing or Falsifying Relevant Facts. The person applying for citizenship has to be truthful when filing the papers and answering in interviews during the application process. Otherwise, when the USCIS (U.S. Citizenship and Immigration Service) later discover that you have lied during the process, they can file for your denaturalization. This is possible even if you’ve been given citizenship.

  2. Belonging to Subversive Groups: If you joined a subversive group with five years of gaining citizenship, and the U.S. federal government is able to prove it, citizenship can be revoked as this violates the oath new citizens take to declare allegiance to the United States of America.

  3. Dishonorable Discharge from Military Service: If you received U.S. citizenship through U.S. military service, you could lose citizenship due to a dishonorable discharge from the military in less than five years of service. The reasons for this category may include sexual assault and desertion.

US flag with judges gavel and hammer

The Process

Denaturalization takes place in a Federal Court according to federal rules of civil court cases. Despite not being officially a case concerning immigration, this process can affect your immigration status. Those who have violated terms of U.S. citizenship will be required to leave the United States. Children that have received their citizenship dependent upon that of their parents, will also lose it too.

The process starts when the defendant has any qualifying formal complaint lodged against them, to which the defendant may then respond. The defendant gets sixty days to respond and defend themselves against the complaint, claiming the information to be incorrect or inapplicable.

When preparing a defense against such a complaint in Oklahoma, the defendant should get help from an immigration attorney in OKC. Success in such a case depends on extensive legal knowledge.

If you are an immigrant or naturalized citizen of the United States and think you have been wrongly accused of something that may jeopardize your status, you should come to us at Mazaheri Law Firm. Our experienced team is there to help.

** Disclaimer: This blog content is no substitute for legal advice and in no way implies a lawyer-client relationship.