Denaturalization Process: Can U.S Citizens Be Deported?

If you become a U.S. citizen through naturalization, it is possible for your citizenship to be revoked and for you to be deported through the denaturalization process. Denaturalization rarely occurs, but it is crucial to understand what can lead to denaturalization, how to avoid it, and what to do if you face deportation. Consulting with the Chicago deportation defense lawyers at Scott D. Pollock & Associates can provide essential guidance during such situations. 

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What Is Denaturalization?

Denaturalization removes your status as a United States citizen after you have completed the naturalization process. After denaturalization, the U.S. government will no longer recognize your U.S. citizenship. Denaturalization is seen as appropriate when it involves fraud or other major crimes.

Different Reasons for Denaturalization, Denaturalization Process: Can U.S Citizens Be Deported?

 

What Are the Reasons for Revoking Naturalized U.S. Citizenship Through Denaturalization?

Denaturalization Because of Misrepresentation or Concealing Facts

Denaturalization can occur when you lie about prior or current affiliations in your application or your naturalization interview. For example, the U.S. government denaturalizes individuals who didn’t disclose they were or currently are in a terrorist party (e.g., the Nazi Party or Al-Qaeda).

Denaturalization Because of Immigration Fraud

The U.S. will revoke citizenship if a person obtains their United States citizenship illegally. For example, if the U.S. government discovers an individual obtained citizenship through marriage fraud, that person might be deported through denaturalization.

Other than an Honorable Discharge from the U.S. Military

If someone becomes naturalized based on military service, but is discharged under less than honorable conditions before completing less than five years of honorable service, they may face denaturalization.

Affiliation with a Terrorist Group

If an individual joins a terrorist organization within five years of gaining citizenship, they may face denaturalization.

How to Avoid Denaturalization

In addition to being truthful and not committing crimes that lead to denaturalization, you can avoid the possibility of denaturalization by working with an experienced and knowledgeable immigration and naturalization attorney like the ones here at Scott D. Pollock & Associates, P.C.

Naturalization is a legal process that requires time, commitment, attention to detail, and meeting specific criteria. Going through the naturalization process with an experienced attorney means that your path to citizenship is traveled correctly and legally, avoiding the possibility of denaturalization.

Losing U.S. Citizenship for Reasons Other Than Denaturalization

Renunciation is another path to losing naturalization and birthright citizenship status.

While denaturalization is having your citizenship removed involuntarily, renunciation is when you give up your citizenship voluntarily. The U.S. government considers renunciation an expatriating act.

If you commit an expatriating act without the intent of removing citizenship, you can defend your decision to maintain dual citizenship or U.S. citizenship.

Expatriating Acts
Becoming a citizen of another country after turning 18If you willingly become a citizen of another country, the government might view your decision as choosing that country over the U.S.
Swearing loyalty to another country after turning 18If you openly declare your loyalty to another country, the government could view your decision as a sign you no longer want to be a U.S. citizen.
Joining another country’s military, especially if that country is hostile to the U.S.This decision could be seen as a significant conflict of interest and a sign that your loyalty now lies with another country.
Working for another country’s government after turning 18If you work with another country's government, especially if you swear allegiance to that country or have citizenship there, it might be seen as a sign that you're moving away from your U.S. nationality.
Formally saying you no longer want to be a U.S. nationalYou can officially state to official U.S. personnel that you no longer wish to be a U.S. national inside or outside the U.S.
Being convicted for treasonThis serious crime is a betrayal of the U.S., leading to loss of nationality.

The Court Process to Revoke Citizenship

The federal court is the decision-making body responsible for revoking U.S. citizenship, usually at the local district court. The denaturalization process is not an immigration court case or decided by an immigration judge.

If a federal court revokes your citizenship, your immigration status will change, but the case remains a civil matter.

You can (and should) seek assistance and representation from your immigration attorney. An immigration attorney is the most qualified to represent you in a denaturalization case. You can represent yourself as a defendant, but immigration and federal laws are complicated, so it’s best to hire an experienced immigration lawyer.

Burden of Proof

The path to U.S. citizenship through naturalization is long and complex. You have likely worked hard and overcome many obstacles to earn your citizenship.

When you become a naturalized citizen, the government acknowledges your new status and grants you the full rights of any U.S. citizen, whether native-born or naturalized.

The court system requires the government to meet a very high evidentiary burden to revoke your citizenship through denaturalization. In short, denaturalization can only occur under extremely narrow circumstances that meet strict legal standards. Your rights as a citizen are firmly protected.

Appealing Denaturalization Decisions

If you are denaturalized, there is a chance that you will not be deported. You may return to the same lawful permanent resident status (LPR) you held before gaining citizenship. However, if the reason for your denaturalization is also grounds for deportation, your removal proceedings will begin immediately.

Deportation FAQs

What happens to my family if I lose my naturalization status?

Unfortunately, if you face denaturalization, your family members who joined you in the United States on a family visa and obtained citizenship can also be denaturalized.

Can a natural-born citizen lose citizenship?

Natural-born U.S. citizens maintain citizenship through the 14th Amendment, so they cannot be denaturalized or deported. However, a citizen can choose to renounce their citizenship.

Why is denaturalization controversial?

There are several concerns about the denaturalization process.

  • Due process concerns: Critics say that the government may be too aggressive, especially if minor paperwork errors or unintentional omissions occur and are treated just like fraud.
  • Human impact: Losing citizenship can mean family separation, statelessness, or deportation to a country someone has not lived in for many years.
  • Rarity vs. precedent: At times of expanded efforts, some worry it could be used as a political or discriminatory tool.

What is the recent history of denaturalization?

In 2018, the U.S. government created a new department within the U.S. Citizenship and Immigration Services (USCIS) to pursue denaturalization cases aggressively. In 2020, the Department of Justice created the Denaturalization Section that joined the Civil Division’s Office of Immigration Litigation, named the District Court Section and the Appellate Section. 2025 is experiencing a resurgence of focus on denaturalization under the current administration.

How common is denaturalization?

Denaturalization is very rare. Only a small number of cases are filed each year. 

What happens after denaturalization?

A person loses all the rights of U.S. citizenship, including voting and holding a passport. In most cases, they also face deportation.

Can denaturalization make someone stateless?

Yes. If the person does not hold another nationality, losing U.S. citizenship may leave them stateless, which creates serious legal and humanitarian issues.

Is denaturalization automatic?

No. The government must bring a case in federal court, and the individual can fight and appeal any decision.

Do small mistakes on forms lead to denaturalization?

Usually not. The government must prove that fraud or misrepresentation was intentional. 

Contact an Immigration Attorney Today

The attorneys at Scott D. Pollock & Associates, P.C. are ready to represent you and answer your questions about citizenship and denaturalization. With more than 70 years of combined experience in immigration law, we can and will help you with citizenship, naturalization, and denaturalization questions.

Call us at 312-444-1940 or fill out an online contact form today.

Not ready for citizenship yet? You can learn more about a temporary I-551 stamp, green card replacement, and how to maintain lawful resident status by working with the Chicago immigration attorneys at our law office. We look forward to hearing from you!

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