Denaturalization Efforts by USCIS
A new task force within the U.S. Citizenship and Immigration Service (USCIS) has been assigned the job to identify people who lied on their citizenship applications and to denaturalize them. Denaturalization is referred to the processes in which authorizes the USCIS to cancel any Certificate of Citizenship or Certificate of Naturalization in cases where USCIS believes that the certificate itself was obtained or created illegally or fraudulently. If a person is found to have been unlawfully naturalized or misrepresented or concealed facts during the naturalization process, civil or criminal proceedings must be brought forward in order to revoke the naturalization and status of the person as a citizen. A person’s naturalization can be revoked either by civil proceedings or pursuant to a criminal conviction. Either way the revocation of naturalization can only be done through the federal court. A civil revocation of naturalization must support grounds of illegal procurement of naturalization; or concealment of a material fact or willful misrepresentation. There are certain limits on denaturalization when it comes to the civil and criminal proceedings. In a civil revocation of naturalization, “the burden of proof is clear, convincing, and unequivocal evidence which does not leave the issue in doubt.” In a criminal revocation of naturalization, “the burden of proof is beyond a reasonable doubt.” This task force has been around since 2017 but recent events have made the denaturalization process a main priority for the Trump administration. If you have any questions or concerns regarding the denaturalization process please feel free to contact an immigration attorney.