Can the United States Revoke Citizenship? The Real Answer

For many, achieving U.S. citizenship is the culmination of a long, arduous journey. It's a moment of profound security, belonging, and relief. So, the question, "can the United States revoke citizenship?" hits with a unique kind of anxiety. It taps into a deep-seated fear that everything you've worked for could be undone. Let's be honest, it's a terrifying thought. Our team at the Law Offices of Peter D. Chu has been guiding clients through the complexities of immigration and Citizenship law since 1981, and we understand the weight of this question.

The simple answer is yes, it can happen. But the reality is far more nuanced, and the circumstances are incredibly narrow. It's a rare and difficult process for the government to undertake. The protections afforded to citizens are some of the strongest in our legal system. This isn't something that happens because of a minor mistake or a change in political winds. It requires something far more serious. So, let's unpack what's really going on here, separating fact from the fiction that often fuels this fear.

The Bedrock Principle: Citizenship is (Almost) Unshakeable

First things first, we need to talk about the foundation of U.S. citizenship. For individuals born in the United States, the Fourteenth Amendment provides a constitutional guarantee of citizenship. This is birthright citizenship. It's incredibly secure. The Supreme Court has repeatedly affirmed that the government cannot simply take away a birthright citizen's status against their will. It would take an act of voluntary renunciation—a formal, intentional process—for a birthright citizen to lose their citizenship.

For naturalized citizens, the protection is also exceptionally strong, though legally distinct. The landmark 1967 Supreme Court case, Afroyim v. Rusk, established a critical principle: the government cannot revoke citizenship without the citizen's intent to relinquish it. The court declared that Congress has no power to “take away an American's citizenship without his assent.” This ruling was a monumental shift, reinforcing that citizenship is not a privilege the government can grant one day and rescind the next. It’s a fundamental right.

This is the core concept we always start with when clients ask us about this. Your citizenship is not fragile. It's designed to be permanent. The government doesn't just get to change its mind.

But that word—assent—is doing a lot of work in that court ruling. The legal framework that allows for revocation hinges on the idea that certain actions, specifically fraudulent ones during the naturalization process, effectively mean the individual's 'assent' to becoming a citizen was invalid from the very beginning. This is the narrow path the government can take.

So, How Can Citizenship Actually Be Lost?

If citizenship is so secure, what are the exceptions? The process of the U.S. government revoking citizenship is called "denaturalization." We can't stress this enough: denaturalization applies only to naturalized citizens. It does not and cannot apply to birthright citizens.

Denaturalization isn't about punishing someone for something they did after becoming a citizen. It's about concluding that the citizenship was granted based on a flawed premise. Think of it like a contract that is voided because one party lied about a critical, non-negotiable element. The legal theory is that the person was never truly eligible for citizenship in the first place, and the government is retroactively correcting the record. This is a crucial distinction our team makes sure clients understand.

This process is not arbitrary. It's a formal, judicial proceeding in a federal court, and the government carries a heavy burden of proof. They can't just send you a letter and call it a day. They have to prove their case with what the law calls "clear, convincing, and unequivocal evidence." That's a very high legal standard, much higher than in most civil cases.

So what kind of actions could lead the government to initiate such a formidable legal battle? It boils down to a few specific categories, most of which are centered around dishonesty during the original immigration and naturalization process.

Denaturalization: The Government's Path to Revocation

The Immigration and Nationality Act (INA) lays out the specific grounds for denaturalization. Our experience shows that nearly all cases fall into the first and most significant category.

Concealment of a Material Fact or Willful Misrepresentation

This is the big one. It's the basis for the vast majority of denaturalization proceedings. To revoke citizenship on these grounds, the government must prove two things:

1. You concealed or misrepresented a fact. This could be anything from failing to disclose a prior criminal record (even one that was expunged), lying about your marital history, or hiding membership in certain organizations.
2. The fact was "material." This is the key. A material fact is one that, if it had been known, would have caused the government to deny the naturalization application. A simple mistake on a date or a minor, irrelevant omission isn't going to cut it. The lie had to matter. It had to be something that would have disqualified you from the start.

For example, if an applicant for citizenship had a past conviction for a crime of moral turpitude that they deliberately failed to disclose on their N-400 application, that would be a material misrepresentation. Why? Because that conviction would have made them statutorily ineligible for naturalization. The government would argue that citizenship was granted only because of the lie.

Our team has seen government attorneys scrutinize applications from decades prior, looking for these kinds of discrepancies. It underscores the absolute necessity of unflinching honesty throughout the entire immigration journey, from the first visa application to the final citizenship interview. We mean this sincerely: your entire immigration history is one continuous story, and consistency is paramount.

Other, Rarer Grounds for Denaturalization

While fraud is the primary driver, the law does list a few other, much less common, reasons:

• Refusal to Testify Before Congress: If a naturalized citizen is called to testify before a Congressional committee within ten years of naturalizing, and their testimony concerns their alleged subversive activities, refusing to testify can be grounds for denaturalization. This is an extremely rare scenario rooted in Cold War-era concerns.
• Joining a Subversive Organization: Becoming a member of the Communist Party or any other organization deemed subversive by law within five years of naturalization can lead to revocation. The government must prove the person joined with a full understanding of the organization's aims.
• Dishonorable Military Discharge: If a person naturalized through military service and is then dishonorably discharged before serving honorably for a total of five years, their citizenship can be revoked.

These latter cases are exceptionally rare in modern practice. The real focus for anyone concerned about this topic should be on the integrity of their original application.

A Tale of Two Citizens: Naturalized vs. Birthright

It’s vital to understand the fundamental difference in security between a citizen by birth and a citizen by naturalization. While both hold the same rights and responsibilities day-to-day, the legal pathway to their citizenship creates one critical distinction when it comes to revocation.

Here’s a simple breakdown of how their statuses differ in this specific context:

This table makes it plain. The journey to citizenship is what creates the vulnerability. A birthright citizen's claim is automatic and constitutionally protected from government challenge. A naturalized citizen's claim is based on a legal process they completed. If that process was fundamentally flawed by deceit, the claim itself can be challenged.

What Does the Denaturalization Process Look Like?

This isn't a swift or simple affair. It's a full-blown federal lawsuit, and the person facing it has the right to defend themselves vigorously.

First, an investigation begins. This is typically handled by U.S. Citizenship and Immigration Services (USCIS) in conjunction with other federal agencies like the Department of Justice (DOJ) or the FBI. They might receive a tip, or new information might surface through other investigations or modernized database checks that reveal a past discrepancy.

If investigators believe they have a strong case, the DOJ will file a civil complaint in a U.S. District Court. This is not a criminal case. You are not being charged with a crime in this specific proceeding, though separate criminal charges for things like visa fraud could also be filed. This is a lawsuit with the sole objective of stripping you of your citizenship.

The individual (now the defendant) is served with the lawsuit and has the right to hire an attorney to mount a defense. This is where a firm like Our Law Firm becomes absolutely critical. The legal arguments are complex, involving decades-old laws and evidence.

The case proceeds like many other federal lawsuits, with discovery, motions, and potentially a trial. The government presents its evidence, and the defendant has the opportunity to rebut it, present their own evidence, and challenge the government's claims. They can argue the misstatement wasn't willful, that it wasn't material, or that the government's evidence is insufficient.

Ultimately, a federal judge makes the decision. If the government wins, the judge issues an order revoking citizenship. The individual's certificate of naturalization is canceled, and they revert to the immigration status they held before becoming a citizen—which is often no status at all, making them subject to deportation. If the defendant wins, their citizenship is affirmed, and the case is closed.

This is a daunting, high-stakes process. The consequences are catastrophic, which is why the law sets such a high bar for the government to meet.

Common Myths and Misconceptions We See Every Day

The fear surrounding denaturalization is often amplified by rampant misinformation. Our team spends a lot of time dispelling these myths, so let’s clear up a few of the most common ones we hear.

Myth 1: Committing a crime after you naturalize will get your citizenship revoked.

Generally, this is false. A criminal conviction for an act committed after you became a citizen is not, by itself, a ground for denaturalization. You would be subject to the same criminal justice system as any other citizen. The critical exception is if the investigation into that new crime uncovers evidence that you lied about something related to it during your original naturalization process. For example, if you are convicted of being part of a criminal organization and it's discovered you were a member before you naturalized but lied about it on your application, that connection could trigger a denaturalization case.

Myth 2: Living abroad for too long will cause you to lose your citizenship.

This is another persistent myth, likely a holdover from old, long-repealed laws. Today, U.S. citizens (both birthright and naturalized) can live outside the United States indefinitely without any risk to their citizenship status. You don't lose it through disuse.

Myth 3: The government can revoke citizenship for political reasons, like your voting record or expressed opinions.

Absolutely not. This is a fundamental misunderstanding of U.S. law. Your rights under the First Amendment—freedom of speech, assembly, and political opinion—are fully protected as a citizen. Denaturalization is a legal process based on statutory violations, not a political tool to punish dissent.

Understanding these distinctions is crucial. It helps replace vague anxiety with a clear understanding of the actual, limited risks.

When You Absolutely Need Professional Legal Counsel

If you receive any notice from USCIS or the DOJ questioning your citizenship, or if you have any reason to believe there was a significant error or omission in your past immigration filings, this is not a moment for hesitation. This is not a situation to handle yourself.

The complexity of these cases is immense. The government has entire teams of lawyers dedicated to this work. You need an advocate with deep experience in immigration law who can analyze your entire history, understand the legal standards, and build the strongest possible defense. The stakes are simply too high to do otherwise.

This is about protecting the life you've built. It's about ensuring your story is heard and your rights are defended in a formidable legal system. If you find yourself in this incredibly stressful situation, the first and most important step is to seek expert help. It’s time to Get clear, expert legal guidance tailored to your visa, green card, or citizenship needs.

Our firm has been a steadfast partner for individuals and families since 1981. We've seen how these laws have evolved, and we bring that historical perspective and relentless dedication to every single case. Don't face this uncertainty alone. Inquire now to check if you qualify for a consultation with our experienced team.

Ultimately, the answer to "can the United States revoke citizenship?" is a qualified yes, but one that should bring more reassurance than fear. The system is designed to protect citizenship, viewing it as a right, not a conditional privilege. Revocation is reserved for cases where the very foundation of that citizenship—the integrity of the naturalization process—is proven to be built on a lie. For the vast, overwhelming majority of naturalized citizens who went through the process honestly, their status is secure and permanent. It's a testament to the enduring promise of becoming an American.