With the passing of the 1906 Nationalization Act, denaturalization had become a lawful procedure in the U. S. The statute empowered US lawyers to file lawsuits “with the aims to putting aside and canceling the certification of residence on the premise of deception and the basis that certain certificates of residence were obtained unlawfully.”
The Trump government established a denaturalization working group in June 2018, intending to evict 2,000 naturalized Americans accused of “fraud” on their naturalization papers. They did so by ignoring or neglecting to include any previous identities or iterations of their identities.
The government said that it would examine decades-old biometrics to identify people who may be denaturalized.
What is Denaturalization (Revocation of Naturalization)?
The Justice Department established an authorized section dubbed the Denaturalization Component a couple of years ago. The program was established to strip naturalized individuals of their Americanization and restore them to their pre-citizenship condition.
The Denaturalization Section puts US residents who had gone through the naturalization procedure in jeopardy, putting them at risk of expulsion if they were in the country illegally. Our immigration lawyers clarify what the Denaturalization Section is and how that might impact you.
What are the Major Grounds for Denaturalization?
Specifically, those who the USCIS has awarded citizenship can have their naturalization revoked.
That implies that the customer has to submit a naturalization request (FormN-400), attend the naturalization examination or an interview, have their naturalization application accepted, and pledge loyalty for citizenship.
The following are four primary reasons for denaturalization:
- Naturalization has been obtained in an unauthorized manner.
- A significant fact was withheld, or an intentional deception was made.
- It happened as a result of a criminal record.
- Military regulations allow for an early dishonorable discharge.
The Denaturalization Segment of the Justice Department was established to try and eliminate the war criminals, sex offenders, terrorists, other fraudsters, and individuals who had gained citizenship unlawfully.
Some individuals, nevertheless, are concerned that the Denaturalization Segment would be utilized to deport immigrants who have not perpetrated a significant crime.
What Should You Do Upon the Revocation of Denaturalization?
An individual is entitled to a competent legal process in federal district court when denaturalization occurs. The state bears a heavy standard of proving; for civil cancellation of naturalization, the bar is “straightforward, compelling, and unambiguous proof that leaves no question about the problem.”
The standard of evidence in a criminal cancellation of citizenship is “the same as in any criminal proceeding, clear and convincing evidence.”
To resolve such accusations, a person must promptly require the support of an immigration lawyer to defend them in court.
The immigration lawyer should be capable of presenting a compelling case demonstrating that there was no purpose to hide a truth claim or purposely misrepresent facts. The person did not obtain citizenship unlawfully.
Will an Immigrant Be Expelled for Illegally Obtained Citizenship or Withholding Information?
Immigrants who obtained nationality while not satisfying the statutory obligations for naturalization may be subject to denaturalization. It makes no difference whether the individual gained citizenship by deceit or deception. Nationality can be withdrawn if the authorities discover that individuals lied to them during the naturalization procedure or the interviewing.
Your naturalization may be withdrawn if the state decides that you do not fulfill the basic requirements before granting you citizenship, such as:
- Prior to attaining citizenship, you were a lawful permanent resident.
- Ethical uprightness.
- Physical presence in the U. S. regularly.
- Dedicated to the founding values of the United States of America.
Experienced Immigrants Lawyers
When the proposed denaturalization clause jeopardizes your nationality, you still possess protections that safeguard you. Numerous individuals and families have benefited from the services of Immigration Attorneys.
Because the attorneys only handle immigration matters, they have the information, abilities, and expertise necessary to assist you in achieving the best possible outcome for the particular issue.
Consult the immigration lawyers immediately to book a session whether you or a beloved one has been denaturalized.