Can You Lose Your U.S. Citizenship? 2025 Guide to Denaturalization, Defenses, and Consequences

Can You Lose Your U.S. Citizenship? 2025 Guide to Denaturalization, Defenses, and Consequences

Author: New York Immigration Lawyer Alena Shautsova

Keywords: New York immigration lawyer, best immigration lawyer, USA immigration lawyer, denaturalization, revoke citizenship, lose citizenship, USCIS good moral character, INA 340, material misrepresentation
Call: 917-885-2261 | Website: shautsova.com

Becoming a U.S. citizen is a milestone. But for a small number of naturalized citizens, the government can try to revoke citizenship through denaturalization. In 2025, the Department of Justice (DOJ) reaffirmed denaturalization as a civil-enforcement priority, while USCIS updated guidance on Good Moral Character (GMC) screening that can lead to referrals for revocation. Below I explain when citizenship can be taken away, what USCIS and DOJ focus on, your possible defenses, and the real-life consequences—in plain English.

Quick Answer

Yes—naturalized U.S. citizenship can be revoked if the government proves it was illegally procured or obtained by willful misrepresentation or concealment of a material fact, or after certain criminal convictions for naturalization fraud. Civil revocation is governed by INA § 340 (8 U.S.C. § 1451) and 8 C.F.R. Part 340. (USCIS)

How Denaturalization Works (The Legal Basics)

There are two main pathways:

1. Civil Denaturalization (Federal Court)
   The DOJ files a lawsuit in federal district court to set aside the naturalization order and cancel the Certificate of Naturalization. Grounds include:

• Illegal procurement (you didn’t actually meet a statutory requirement at the time).
• Willful misrepresentation / concealment of a material fact that led to approval.
  See USCIS Policy Manual, Vol. 12, Part L and Chapter 2 – Grounds for Revocation. (USCIS)

1. Criminal Route with Automatic Revocation
   If a person is convicted of naturalization fraud under 18 U.S.C. § 1425, denaturalization is automatic under 8 U.S.C. § 1451(e). The Supreme Court’s Maslenjak decision clarifies the false statement must be material to support denaturalization via §1425.

Who starts the case?
USCIS does not revoke citizenship itself (except limited contexts). It investigates and recommends revocation to DOJ where a prima facie case exists; DOJ brings the federal lawsuit. See 8 C.F.R. § 340.2(a). (eCFR)

What USCIS & DOJ Are Focusing On in 2025

1) DOJ Denaturalization Priorities

In June 2025, the DOJ Civil Division issued an enforcement memo prioritizing denaturalization under 8 U.S.C. § 1451, listing categories such as terrorism/human rights violators, serious crimes (e.g., trafficking, sex offenses), gang/cartel activity, and fraud schemes, and emphasizing cases where citizenship was obtained by deceit. (Department of Justice)

2) USCIS Screening & Referrals

USCIS policy continues to stress misrepresentation/materiality and illegal procurement as the core denaturalization grounds in its Policy Manual (Vol. 12, Part L). If USCIS finds indications that a grant “may have been illegally procured or procured by…willful misrepresentation,” the agency may recommend revocation to DOJ under 8 C.F.R. Part 340. (USCIS)

3) Good Moral Character (GMC) Updates (Naturalization Screening)

USCIS issued an August 15, 2025 policy memorandum describing a “rigorous, holistic” approach to GMC adjudications. While GMC governs eligibility to obtain citizenship (not revocation itself), these policy shifts can trigger post-approval reviews and referrals when new derogatory information surfaces, including misrepresentation and serious criminal conduct. See USCIS Policy Memo (Aug. 15, 2025) and Policy Manual Part F (GMC) updates. (USCIS)

The Legal Standards the Government Must Prove

To revoke citizenship for misrepresentation/concealment, DOJ must show that:

1. The person misrepresented or concealed a fact;
2. The act was willful;
3. The fact was material; and
4. Citizenship was procured as a result of that misrepresentation/concealment.
   (USCIS Policy Manual, Vol. 12, Part L, Ch. 2.) (USCIS)

For illegal procurement, DOJ must prove the person did not meet a statutory requirement at the time of naturalization (e.g., lawful admission as an LPR, continuous residence/physical presence, or GMC). (USCIS)

Common Triggers I See in Practice

• Undisclosed arrests/convictions or expunged records the applicant thought “didn’t count.”
• Prior immigration fraud (e.g., sham marriage or asylum fraud) that later comes to light.
• Identity/alias issues discovered through database checks (Operation Janus/Second Look referrals have led to cases). (Department of Justice)
• Security/human-rights grounds, trafficking/sex offenses, large-scale fraud—explicit DOJ priorities since 2025. (Department of Justice)

Possible Defenses (Civil Denaturalization)

Every case is unique; these defenses are fact-dependent. Get counsel early.

1. No Materiality / Causation
   Even if a statement was incorrect, denaturalization requires materiality—the lie must have a natural tendency to influence the naturalization decision. This is central in misrepresentation cases and reflected across guidance and case law (see Maslenjak line). (USCIS)
2. No Willfulness
   USCIS/DOJ must show the omission or misstatement was willful, not a good-faith mistake, misunderstanding, translation error, or immaterial inconsistency. (USCIS)
3. You Actually Met All Requirements (No “Illegal Procurement”)
   If DOJ claims you never met a statutory requirement, you can show you did meet it—e.g., you maintained continuous residence and GMC, or a prior offense does not fall within a GMC bar. See Policy Manual, Part F (GMC) for how USCIS evaluates bars. (USCIS)
4. Procedural/Constitutional Defenses

• Due process issues (notice, access to your A-file, ability to obtain witnesses).
• Evidentiary challenges (authenticity, chain of custody, suppressed/incorrect rap sheets).
• Burden/standard of proof: DOJ must meet the high civil burden in denaturalization (clear, convincing, and unequivocal evidence as developed by courts). (Policy Manual background.) (ia804704.us.archive.org)

1. Criminal Route—Attacking the Conviction
   If denaturalization is automatic under §1451(e) due to a §1425 conviction, the path is to challenge the conviction (appeal/post-conviction relief). Maslenjak underscores materiality in the criminal charge.

Note: “Hardship” to you or your family is not a legal defense to denaturalization, though it is relevant to strategy and potential outcomes in removal proceedings that may follow.

What Happens If You Lose Citizenship? (Consequences)

• Your Certificate of Naturalization is canceled, and the naturalization order is set aside. You revert to your prior status (often LPR), or to no lawful status if naturalization was the only status you ever held. The person can then be placed in removal proceedings. (AILA)
• Derivatives: In some scenarios, a spouse or child who derived citizenship through your naturalization can be affected under 8 U.S.C. § 1451(d). (Legal Information Institute)
• Criminal exposure if the government alleges broader fraud (separate from civil denaturalization).
• Loss of rights tied to citizenship (voting, U.S. passport, eligibility for some federal benefits).

Practical Tips if You’re Worried About Denaturalization

1. Get your full file: FOIA your A-file, FBI rap sheet, and court records. Verify what you disclosed on the N-400 and supporting forms.
2. Audit materiality: If there are inaccuracies, analyze whether they were material and willful; gather proof of innocent error (translations, medical records, affidavits). (USCIS)
3. Fix the record where possible: Certified dispositions, clarifying affidavits, and corrections of agency records can matter.
4. Don’t guess—document: If USCIS contacts you about reopening or issues an interview on your prior naturalization, retain counsel before you speak.
5. If sued: Respond on time in federal court; failure to respond can lead to default judgment.
6. Plan for Plan B: If there’s serious risk, counsel should assess removal defenses (asylum/withholding/CAT where eligible), waivers, or other reliefs that might be available if citizenship is revoked.

Recent Guidance & Where It Comes From (for the legally curious)

• USCIS Policy Manual (Citizenship & Naturalization)
  • Part L (Revocation of Naturalization) — structure, standards, and procedures. (USCIS)
  • Chapter 2 (Grounds for Revocation) — willful misrepresentation/concealment and materiality; illegal procurement. (USCIS)
  • Part F (GMC) — how USCIS evaluates good moral character; relevant to “illegal procurement” arguments and to front-end screening that can trigger later referrals. (USCIS)
• USCIS Policy Memorandum (Aug. 15, 2025) — “Restoring a Rigorous, Holistic…GMC Evaluation Standard” (signals tighter screening and potential referrals for revocation when derogatory facts emerge). (USCIS)
• Regulations
  • 8 C.F.R. Part 340 — USCIS recommends revocation when a prima facie case exists; DOJ litigates in federal court. (eCFR)
• Statute & Case Law
  • 8 U.S.C. § 1451 (INA § 340) — revocation of naturalization; §1451(e) automatic revocation after §1425 conviction. (Legal Information Institute)
  • Maslenjak line — false statement must be material for denaturalization through criminal conviction.
• DOJ Priorities (June 2025)
  • DOJ Civil Division enforcement memo prioritizing denaturalization, naming categories like terrorism/human-rights, gang/cartels, trafficking, and major fraud. (Department of Justice)

Real Stories & Deep Dives (Further Reading)

• My article: “Denaturalization—Options & Difficult Choices.” Practical overview of how cases start and what to expect. (NYC Immigration Lawyer)
• USCIS vs. DOJ roles & Operation Janus (example DOJ case referral). (Department of Justice)
• Matter of Falodun & related BIA discussion—differences between revoking citizenship and revoking certificates; the criminal-conviction pathway.

FAQ: Can Birthright Citizens Lose Citizenship?

No. People who are U.S. citizens at birth (born in the U.S. or to U.S. citizen parents who transmitted citizenship) are not subject to denaturalization. Denaturalization targets naturalization grants only. (Separate grounds exist for contesting derivative or certificate claims that were never valid).

Bottom Line

Denaturalization remains rare, but in 2025 it’s a stated enforcement priority—especially for cases involving serious crimes, security concerns, or fraud. The government must still meet strict legal standards: materiality, willfulness, and causation for misrepresentation; or show illegal procurement. If you receive a letter, subpoena, or lawsuit about your citizenship, act immediately—there are defenses, but timing and documentation are everything.

If you’re concerned about past filings, or you’ve been contacted about your citizenship, call 917-885-2261 or visit shautsova.com. I’ll review your file, map your risks, and build a defense strategy tailored to you.

Sources (Selected)

• USCIS Policy Manual, Vol. 12 (Citizenship & Naturalization), Part L (Revocation); Ch. 2—Grounds for Revocation. (USCIS)
• 8 C.F.R. Part 340 (USCIS recommandations; DOJ litigation). (eCFR)
• 8 U.S.C. § 1451 (INA § 340) (civil revocation; §1451(e) automatic after §1425). (Legal Information Institute)
• USCIS Policy Memorandum (Aug. 15, 2025): Good Moral Character evaluation; Policy Manual Part F updates. (USCIS)
• DOJ Civil Division Denaturalization Priorities Memo (June 2025); practitioner summaries. (Department of Justice)
• Maslenjak v. United States analysis (materiality for criminal denaturalization).
• Shautsova.com: Denaturalization overview and citizenship resources. (NYC Immigration Lawyer)

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