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Grounds for Revoking Citizenship

Savage law Nov. 14, 2023

U.S. Department of Homeland Security LogoCitizenship is more than just a status; it's a bond that ties an individual to a nation, bestowing upon them certain rights and privileges. It also entails responsibilities and duties towards the nation and its welfare. However, this bond isn't always permanent. There's a concept known as citizenship revocation, where a person's citizenship status can be rescinded under certain circumstances. 

If you want more information about citizenship revocation--whether you just want to avoid making possible mistakes, or your citizenship is the process of being revoked--don't face the courts alone. Get in touch with the Savage law for support. Attorney Savage serves Providence, Rhode Island, and communities throughout the state, as well as Boston, Massachusettes, and the surrounding areas. 

Understanding Citizenship Revocation 

Revoking citizenship, also known as denaturalization, means stripping a person of their citizenship status. It's an action typically taken by the government, often due to acts committed by the individual that are deemed harmful to the state or contrary to its values. The legal implications of such an action are significant. Once citizenship is revoked, the individual loses all the rights and protections that come with being a citizen, including the right to live and work in the country. 

Grounds for Revoking Citizenship 

Several grounds can lead to citizenship revocation, including but not limited to: 

  • Fraud or false representation during the naturalization process. If it's found out that an individual provided false information or concealed important facts during their naturalization process, their citizenship could be at risk. This includes failing to disclose previous criminal records or ties to terrorist organizations.  

  • Terrorist activities or treason. Engaging in acts of terrorism or betraying one's country are serious offenses that can lead to citizenship revocation. 

  • Refusal to testify before Congress within ten years of naturalization. As part of the naturalization process, individuals are asked to swear allegiance to the country and its laws. Refusing to testify before Congress is seen as a violation of this oath and could lead to citizenship revocation. 

  • Membership in certain subversive groups within five years of naturalization. Some groups are deemed subversive and pose a threat to national security. If an individual is found to be a member of such a group within five years of becoming a citizen, their citizenship could be revoked. 

  • Dishonorable discharge from the military before completing five years of service. Military service is often seen as a way to earn citizenship in many countries. However, if an individual is discharged dishonorably before completing five years of service, their citizenship could be revoked. 

The act of revoking citizenship is not taken lightly and is reserved for serious breaches of trust and allegiance to a nation. From fraudulent activities during the naturalization process to participation in subversive groups or terrorist activities, the grounds for revocation are serious and consequential. This shows the responsibilities that come with the privileges of citizenship, and the fundamental role that trust plays in the relationship between a citizen and their country. 

Detailed Legal Process for Citizenship Revocation 

The legal process for revoking citizenship unfolds in a series of stages, typically initiated when the Department of Justice (DOJ) identifies a case of potential denaturalization. The process generally includes the following steps: 

  • Lawsuit. A lawsuit is then filed in federal court, outlining the alleged grounds for revocation. The defendant, or person facing denaturalization, must be served with a notice of the lawsuit, after which they have a right to contest the allegations in court.  

  • Trial. If the individual chooses to challenge the proceedings, a trial will ensue. The government bears the burden of proof and must demonstrate beyond reasonable doubt that the defendant obtained their citizenship fraudulently or illegitimately. The court will evaluate all the evidence presented before deciding whether or not to revoke the individual's citizenship.  

  • Pre-Citizen Status. If citizenship is revoked, the individual reverts to their pre-citizenship status, which in many cases is that of a lawful permanent resident. However, this does not shield them from deportation proceedings, especially if the grounds for denaturalization also constitute grounds for removal.  

It is important for anyone facing denaturalization to seek competent legal counsel. A skilled immigration attorney can scrutinize the government's evidence, challenge its case, and possibly prevent the loss of citizenship. 

Implications of Citizenship Revocation 

The consequences of having one's citizenship revoked are far-reaching. The individual loses all rights and privileges associated with citizenship, such as the right to vote, the right to hold certain jobs, and the protection of the country's laws. In addition, they may face deportation to their country of origin. Moreover, the person might face potential challenges and legal battles, including difficulties in reapplying for citizenship or seeking legal status in other countries. 

In the Balance of Rights and Responsibilities 

Revoking citizenship is a serious action taken. The process is complex, often requiring the knowledge of an attorney, and the implications are significant. If you're facing such a situation or have concerns about your citizenship status, it's recommended that you seek professional legal advice. Attorney Layne C. Savage, with her knowledge in this area, offers invaluable support to those grappling with issues of citizenship revocation. If you find yourself in such a predicament or have any concerns about your citizenship status, do not hesitate to reach out to the Savage law. Remember, you don't have to face this alone; professional legal advice is just a call away.