Understanding Denaturalization
Denaturalization is a process that involves the United States federal government revoking someone’s citizenship after they have become a citizen of the country through the naturalization process. Denaturalization strips a foreign national of their citizenship, and the rights that go along with it, entirely. This often exposes them to removal from the U.S.
Denaturalization does not apply to individuals who acquired birthright citizenship after being born in the U.S. The Supreme Court has consistently held that birthright citizenship is protected under the Fourteenth Amendment and cannot be revoked involuntarily. Below, our Atlanta immigration lawyer explains in greater detail how the process works.
What are the Legal Grounds for Revoking Citizenship?
The government can pursue denaturalization through either a criminal or civil legal process. When pursuing civil enforcement, the government must show clear and convincing evidence that shows the individual obtained naturalization illegally, or that they willfully concealed or misrepresented an important fact during the naturalization process. In criminal cases, the government must prove beyond a reasonable doubt that an immigrant violated federal law.
The vast majority of denaturalization cases are pursued civilly and not criminally.
Procuring Citizenship Illegally
If you did not meet the requirements for naturalization at the time it was granted, the government may pursue denaturalization on the grounds of illegal procurement. For example, an issue may arise if it is found that you lacked good moral character, failed to meet physical presence or residency requirements, or were otherwise disqualified from naturalization. In these instances, the government will likely argue that naturalization should have never been granted in the first place.
In illegal procurement cases, the federal government does not necessarily have to show intentional fraud. Due to this, the burden of proof on the government is much lower than many people assume. It is also this factor that makes illegal procurement cases more complex, particularly when the alleged disqualifying conduct happened several years ago.
Procuring Citizenship Through Willful Concealment or Misrepresentation
Federal law allows the government to pursue revocation of citizenship when someone has concealed an important fact or intentionally misrepresented information that impacted the naturalization decision. The U.S. Citizenship and Immigration Services (USCIS) sometimes refers to this category as ‘deliberate deceit.’
The government has a fairly high burden of proof in these cases. It must prove that the individual concealed information or made a false statement before naturalization. They must also prove that the misrepresentation was not accidental, but intentional. The concealed information must have also been very important in the decision-making process. Lastly, the government must prove that the misrepresentation contributed to citizenship being granted.
Call Our Immigration Lawyer in Atlanta Today
Denaturalization is a very serious issue that you should not face alone. You need the help of an experienced Atlanta immigration lawyer. For a consultation to discuss your case, please contact Shirazi Immigration Law, Inc. today at 404-523-3611. We are proud to serve clients in Atlanta, Moultrie, and Dalton, GA, as well as Chattanooga, TN. Call us now to get the help you need.
Source:
law.cornell.edu/uscode/text/18/1425
