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REVOKING CITIZENSHIP UNDER IMMIGRATION LAWS
findlaw.com ^ | May 07, 2020 | FindLaw Staff, , Reviewed by Maddy Teka, Esq.

Posted on 11/07/2021 5:02:14 AM PST by Liz

Although rare, it is possible for a naturalized U.S. citizen to have their citizenship stripped through a process called "denaturalization." Former citizens who are denaturalized are subject to removal (deportation) from the United States. Natural-born U.S. citizens may not have their citizenship revoked against their will, since birthright citizenship is guaranteed by the 14th Amendment to the Constitution, but they may choose to renounce their citizenship on their own.

This article covers the grounds for having one's U.S. citizenship revoked, the basics of the denaturalization process, and defenses to denaturalization.

Grounds for Denaturalization The following are some of the grounds where your naturalization maybe evoked.

Falsification or Concealment of Relevant Facts You must be absolutely truthful when filling out paperwork and answering interview questions related to the naturalization application process. Even if the U.S. Citizenship and Immigration Service (USCIS) fails to recognize any lies or ommissions at first, the agency may file a denaturalization action against you after citizenship has been granted. Examples include failure to disclose criminal activities or lying about one's real name or identity.

Refusal to Testify Before Congress You may not refuse to testify before a U.S. congressional committee whose job it is to investigate your alleged involvement in subversive acts, such as those intended to harm U.S. officials or overthrow the U.S. government. This requirement to testify in order to maintain citizenship status expires after 10 years.

Membership in Subversive Groups Your citizenship may be revoked if the U.S. government can prove that you joined a subversive organization within five years of becoming a naturalized citizen. Membership in such organizations is considered a violation of the oath of U.S. allegiance. Examples include the Nazi Party and Al Qaeda.

Dishonorable Military Discharge Since you may become a naturalized U.S. citizen by virtue of serving in the U.S. military, your citizenship may be revoked if you are dishonorably discharged before serving five years. Reasons for dishonorable discharge, which must follow a general court-martial, include desertion and sexual assault.

The Denaturalization Process Denaturalization, in which a naturalized citizen is stripped of their citizenship, is a process that occurs in federal court (typically in the district court where the defendant last resided) and follows the standard rules of federal civil court cases. As such, it is not an immigration case even though it affects immigration status.

Naturalized citizens found to be in violation of the terms of citizenship must leave the country. Children granted citizenship based on their parent's status may also lose their citizenship after that parent has been denaturalized.

As with any other civil case, the denaturalization process begins with a formal complaint against the defendant, who may respond to the complaint and defend themselves at trial (or hire an immigration attorney). The defendant has 60 days to file an answer to the complaint, where they may claim the action is based on wrong information or that the statute of limitations has expired, for example.

The U.S. government has a high bar for proving a defendant meets the criteria for denaturalization (a heavier burden of proof than most civil cases, but not as great a burden as criminal cases), according to the USCIS Adjudicator's Field Manual:

"Because citizenship is such a precious right, it cannot be taken away unless the government is able to meet a high burden of proof... Accordingly, a case should only be referred for denaturalization where there is objective evidence to establish that the individual was not eligible for naturalization, or procured naturalization by willful concealment or material misrepresentation."

If your U.S. citizenship is revoked, you may be deported soon after the verdict is issued.

Snip


TOPICS: Crime/Corruption; Government
KEYWORDS: immigrationlawn
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To: BiglyCommentary

I think our immigration lawn has been trampled to dirt and no longer exists.


21 posted on 11/07/2021 6:13:33 AM PST by 556x45
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To: markomalley
(7)committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, or willfully performing any act in violation of section 2385 of title 18, or violating section 2384 of title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.

They had Biden in mind when they wrote that.

22 posted on 11/07/2021 6:14:51 AM PST by gitmo (If your theology doesn't become your biography, what good is it?)
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FR Is Running A FReepathon

Please Donate And End It
Click The Pic To Donate


23 posted on 11/07/2021 6:26:08 AM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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To: Liz

Ilhan Omar qualifies and should be stripped of her citizenship and deported persona non grata


24 posted on 11/07/2021 6:33:20 AM PST by Ouderkirk (The democRATS are not looking to govern, they intend to RULE.)
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To: Ouderkirk

Instead, the bitch is in Congress. What a Country!!!!


25 posted on 11/07/2021 6:36:23 AM PST by sport
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To: Liz

The 14th Amendment is a glorified naturalization statute.


26 posted on 11/07/2021 7:19:34 AM PST by one guy in new jersey
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To: Godebert

It’s a deep state/globalist requirement that this be done at pain of one’s name being lost to all important invite lists among other dire consequences.


27 posted on 11/07/2021 7:22:06 AM PST by one guy in new jersey
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To: Liz

Something like lying about your real name when applying and then committing more immigration fraud by marrying your brother to get him a green card should be enough, if we still had any honest law enforcement.

Her real name is Ilhan Nur Said Elmi.


28 posted on 11/07/2021 7:25:05 AM PST by Lurkinanloomin ( (Natural born citizens are born here of citizen parents)(Know Islam, No Peace-No Islam, Know Peace)
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To: Godebert

They have intentionally confused people about that so they could neuter the natural born citizen requirement for President.

That’s how we got the Kenyanesian Usurpation and the Indo-Jamaican VP usurper.


29 posted on 11/07/2021 7:27:39 AM PST by Lurkinanloomin ( (Natural born citizens are born here of citizen parents)(Know Islam, No Peace-No Islam, Know Peace)
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To: Lurkinanloomin

Let’s not forget the freebies Omar sucked up.......in fact, some have said she’s not even a Somali.

She was in a Kenyan migrant camp and was aware Somalis got more freebies when they migrate here.....so she lied and said she was a Somali.

Marrying her brother got him a free education.....plus.


30 posted on 11/07/2021 9:10:47 AM PST by Liz ( Our side has 8 trillion bullets; the other side does n't know which bathroom to use.)
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