Can a Crime Cost You Your U.S. Citizenship? The Hard Truth

The idea of losing U.S. citizenship is, for many, a terrifying thought. It’s the ultimate security, the final chapter in a long and often arduous immigration journey. The question we hear often is a whispered one, filled with anxiety: what crimes can revoke U.S. citizenship? It’s a valid concern, fueled by headlines and a general uncertainty about the permanence of naturalized status. Let’s be clear from the outset: it is incredibly difficult to lose U.S. citizenship. The protections afforded to citizens are robust for a reason.

But it’s not impossible. Since our firm’s founding in 1981, we've guided thousands of clients through the complexities of the immigration system, including the path to Citizenship. Our experience shows that while the government can’t revoke citizenship on a whim, there are specific, narrow circumstances where it can be taken away. This isn't about a speeding ticket or a misdemeanor charge years after you take the Oath of Allegiance. The conversation is far more nuanced, focusing almost entirely on the integrity of the process you undertook to become a citizen in the first place. This article will walk you through the reality of how citizenship can be lost, separating myth from legal fact.

The Bedrock Principle: Citizenship is Meant to Be Permanent

First things first, we need to draw a bright line between citizens by birth and citizens by naturalization. If you were born in the United States, you are a citizen under the 14th Amendment. Period. Your citizenship cannot be involuntarily revoked by the government, no matter what crime you commit. You can choose to renounce it, but the government cannot strip it from you. That protection is absolute.

For naturalized citizens, the story is slightly different, but the status is still incredibly secure. Once you become a citizen, you have the same rights and responsibilities as a birthright citizen. You can vote, serve on a jury, and run for office (with the exception of President and Vice President). You cannot be deported for committing a crime after you naturalize. You'll face the justice system just like any other citizen. The process of revoking a naturalized citizen's status is called “denaturalization,” and it’s a high-stakes legal battle that the government must initiate and win in federal court.

It’s not a simple administrative action. It’s a full-blown lawsuit.

Denaturalization: The Only Path to Revoking Citizenship

Denaturalization is the sole legal mechanism for the U.S. government to strip a person of their citizenship. We can't stress this enough: it is not a criminal proceeding; it's a civil one. The U.S. Department of Justice (DOJ) must file a lawsuit against the individual in a U.S. District Court. This means the individual has the right to hire an attorney, challenge the government's evidence, and present a defense.

Crucially, the government carries a heavy burden of proof. To win a denaturalization case, they must show with “clear, convincing, and unequivocal” evidence that the citizenship was unlawfully procured. This is a much higher standard than the “preponderance of the evidence” standard used in most civil cases. It's a formidable legal wall designed to protect the rights of naturalized citizens from frivolous or weak challenges. Our team has seen firsthand that meeting this standard requires the government to present an airtight case, which is why these actions are reserved for what they consider to be the most serious infractions.

In recent years, government initiatives like the now-defunct Operation Janus have signaled an increased focus on reviewing old naturalization files for potential fraud. This makes understanding the grounds for denaturalization more important than ever.

So, What Can Actually Trigger Denaturalization?

The heart of the matter isn't about what you do after becoming a citizen. It’s about the legality and honesty of how you became a citizen. The government’s entire case for denaturalization rests on proving that your citizenship was invalid from the moment it was granted. Here are the primary grounds.

Category 1: Fraud or Willful Misrepresentation

This is the big one. Honestly, it’s the basis for the overwhelming majority of all denaturalization cases. It happens when the government proves a person illegally procured their citizenship by concealing a material fact or making a willful misrepresentation during the immigration process, particularly on their Application for Naturalization (Form N-400).

What does that mean in plain English? It means lying. It means intentionally hiding something that, had the government known about it, would have resulted in the denial of your citizenship application. The key word here is material. An accidental, minor error—like misstating an old address by a few months—is unlikely to be considered material. A material fact is one that would have disqualified the applicant.

Here are some concrete examples our team has seen become the basis for these proceedings:

• Concealing a Criminal Record: Failing to disclose arrests or convictions, especially for crimes that would have made you ineligible for naturalization, such as an aggravated felony or a Crime Involving Moral Turpitude (CIMT).
• Marriage Fraud: This is a classic. If you obtained your green card through a marriage that was entered into solely for the immigration benefit, that fraud taints your entire immigration history. If you later naturalize based on that green card, and the government uncovers the marriage fraud, they can move to denaturalize you.
• Lying About Good Moral Character: The N-400 asks numerous questions designed to assess your moral character. Lying about things like past illegal gambling, failure to pay taxes, or non-payment of child support can be considered material misrepresentations.
• Hiding Membership in Prohibited Organizations: Failing to disclose past or present membership in groups like the Communist Party or any other organization deemed subversive by the U.S. government.
• Falsifying Presence or Residence: Lying about meeting the continuous residence and physical presence requirements is another direct path to a fraud-based denaturalization case.

The critical takeaway is that this is retroactive. A crime committed years after naturalization doesn't typically matter, unless it sheds light on a lie told during the application process. For instance, if a person is convicted of participating in human rights violations abroad a decade after becoming a citizen, that conviction could trigger an investigation. If that investigation proves they concealed their involvement in those activities on their N-400, the government would have grounds to denaturalize them based on the original fraud.

Category 2: Treason and Acts of Extreme Disloyalty

This category is what most people probably think of when they imagine losing citizenship, but in reality, it is exceptionally rare. These are acts that strike at the very heart of national security and loyalty to the United States.

Under U.S. law, a naturalized citizen can be denaturalized for committing certain acts, including:

• Treason or Sedition: Being convicted of treason, which involves levying war against the U.S. or giving “aid and comfort” to its enemies.
• Serving in a Hostile Foreign Military: Taking up arms for a foreign country that is actively engaged in hostilities with the United States.
• Serving in a Foreign Government: Accepting a policy-level position in a foreign government after becoming a U.S. citizen without authorization.

These are not actions taken lightly, and the legal bar to prove them is immense. We're talking about profound, nation-level betrayals, not simply disagreeing with government policy or having dual nationality.

Category 3 & 4: Obscure but Real Provisions

There are a couple of other, less common grounds for denaturalization that are important to know.

• Refusing to Testify Before Congress: If, within ten years of naturalizing, you are called to testify before a congressional committee investigating your alleged subversive activities and you refuse, it can be used as a basis for denaturalization. This creates a legal presumption that you concealed information during your application.
• Dishonorable Military Discharge: This is specific to those who gained Citizenship through honorable military service. If that person receives a dishonorable discharge before completing five years of honorable service, their citizenship can be revoked. The logic is that the citizenship was granted on a condition—honorable service—that was ultimately not met.

The All-Important Distinction: Crimes After Naturalization vs. Before

Let’s make this as simple as possible. Imagine a naturalized citizen who, five years after taking their Oath of Allegiance, is convicted of a serious felony like robbery. Can the government revoke their citizenship?

No.

The crime, as serious as it is, occurred while they were a U.S. citizen. They will be prosecuted, convicted, and imprisoned just like any other citizen would be for the same offense. The crime itself is not a ground for denaturalization. Their citizenship is secure.

Now, let's change the scenario. Imagine that same person is convicted of a complex financial fraud scheme. During the investigation, evidence emerges that this scheme actually began before they naturalized, and that they deliberately concealed their involvement and the illicit income on their N-400 application. In this case, the government could absolutely initiate denaturalization proceedings. The basis wouldn't be the financial fraud conviction itself; it would be the willful misrepresentation on the citizenship application that the conviction brought to light.

This is the distinction our team spends a lot of time clarifying for clients. It’s not the crime that puts your citizenship at risk. It’s what that crime might reveal about the truthfulness of your statements when you applied to become a citizen. That's the key.

What Does the Denaturalization Process Actually Look Like?

Facing a denaturalization action is a formidable challenge. The process is deliberate and follows a clear legal path.

1. Investigation: It typically begins with an investigation by a federal agency, such as U.S. Citizenship and Immigration Services (USCIS) or the Department of Homeland Security (DHS). They may uncover a discrepancy during a review of old files or receive a tip.
2. Referral to DOJ: If the investigating agency believes it has a strong case, it refers the matter to the Department of Justice.
3. Federal Lawsuit: The DOJ's Office of Immigration Litigation will review the case. If they agree, they will file a civil complaint in the U.S. District Court where the naturalized citizen resides.
4. Legal Defense: The individual is served with the lawsuit and has the right to hire an attorney to mount a full defense. This is not the time for half-measures. You need an experienced legal team in your corner. This is the moment to Get clear, expert legal guidance tailored to your visa, green card, or citizenship needs.
5. Trial and Judgment: The case proceeds like other federal civil lawsuits, potentially culminating in a trial. The government must present its evidence, and the defense can challenge it, call witnesses, and present its own arguments. If the judge is convinced by “clear, convincing, and unequivocal” evidence, they will issue an order revoking citizenship.

What happens next is critical. The person doesn't just become stateless. The court's order reverts them to the immigration status they held right before naturalizing. For most, this means they become a lawful permanent resident (a green card holder) again. However, the very facts that led to their denaturalization (e.g., a serious criminal conviction or fraud) will almost certainly make them deportable. This means that removal (deportation) proceedings in immigration court are often the immediate next step.

Protecting Your Citizenship: Proactive Steps and Red Flags

Peace of mind comes from knowing your citizenship was obtained properly and is built on a foundation of truth. Here is what our firm always recommends.

• Radical Honesty: The single most effective way to protect your citizenship is to be completely and totally honest throughout the entire immigration process. Don't hide anything. Don't minimize anything. Disclose every arrest, every ticket, every potential issue. It is far better to explain a minor issue to an officer than to have it discovered years later as a concealment.
• Review Your History: Before you ever file an N-400, work with a professional to review your entire immigration and criminal history. Some people have forgotten past encounters with law enforcement or don't realize that a certain action could be a problem. A thorough review can identify red flags before they become catastrophic.
• Understand the Stakes: Never assume an issue is “not a big deal.” When it comes to immigration benefits, especially citizenship, everything is a big deal. The government expects and demands total compliance with the law.
• If You Are Contacted, Say Nothing: If a federal agent from DHS, the FBI, or any other agency contacts you to “ask a few questions” about your immigration history or naturalization application, there is only one correct response. Politely decline to answer any questions and state that you will have your attorney contact them. Immediately seek legal counsel. This is a non-negotiable rule. Inquire now to check if you qualify for a consultation to understand your rights in this situation.

U.S. citizenship is one of the most precious things a person can achieve. It represents safety, opportunity, and belonging. While the law provides powerful protections to ensure it is not easily taken away, it also demands that it be obtained honorably and truthfully. The grounds for revocation are narrow, focused on fraud and profound disloyalty, not on the mistakes a person might make years after pledging their allegiance. By understanding these rules and ensuring your own path to citizenship was built on a foundation of honesty, you can rest secure in the knowledge that your status as an American is, and will remain, permanent.