Yes — but only in limited circumstances. A naturalized U.S. citizen can be deported only after first being stripped of their citizenship through a legal process known as denaturalization. Denaturalization occurs when the U.S. government proves that citizenship was obtained unlawfully — typically through fraud, misrepresentation, or concealment of material facts.
This process is relatively rare and difficult for the government to win. The burden of proof is high: the government must show by clear, unequivocal, and convincing evidence that the individual was ineligible for naturalization at the time it was granted.
Who is at Risk?
Naturalized citizens who accurately disclosed their past, met eligibility requirements, and have no serious criminal history generally have nothing to fear. But those facing federal investigation or charges related to immigration fraud or national security matters may face serious consequences.
If you or someone you love is being investigated or has received a notice related to denaturalization, it is critical to act quickly. You have legal rights, and a skilled deportation defense attorney can make all the difference.
Common Grounds for Denaturalization
1. Fraud or Willful Misrepresentation
This is the most common ground for denaturalization. It typically involves making false statements or omitting material facts during the naturalization process. Examples include:
- Concealing a prior deportation order or immigration violation
- Falsifying personal details or identity documents
- Entering into a fraudulent marriage for immigration benefits
Important: Not every error is fraud. Innocent mistakes or misunderstandings may not meet the legal threshold for denaturalization. At Odunlami Law Firm, we help distinguish between intentional misrepresentation and honest errors.
2. Criminal Convictions
Certain criminal convictions — especially aggravated felonies or crimes of moral turpitude committed before naturalization — may indicate the person was ineligible for citizenship. If the government can prove that the conviction rendered the person ineligible at the time of naturalization, they may pursue denaturalization.
3. Refusal to Testify Before Congress
Under 8 U.S.C. § 1451(d), naturalized citizens who refuse to testify before Congress about subversive or unlawful activities they may have been involved in prior to naturalization can be denaturalized. This is a rare ground, mostly applicable in national security contexts.
4. Membership in Certain Groups or Human Rights Violations
Participation in genocide, Nazi persecution, or terrorist activities — or membership in organizations that advocate overthrowing the U.S. government — can trigger denaturalization if those facts were concealed during the naturalization process.
What Happens After Denaturalization?
If denaturalization is successful, you lose your U.S. citizenship and return to your prior immigration status — which may be no status at all. At that point, the Department of Homeland Security (DHS) can initiate removal (deportation) proceedings.
These proceedings typically begin with a Notice to Appear (NTA) issued by Immigration and Customs Enforcement (ICE). You’ll then face an immigration judge, and removal becomes a real possibility.
Defenses to Denaturalization
Yes. Even after denaturalization, you may still have legal options to remain in the U.S., such as:
- Applying for another form of immigration relief (e.g., asylum, adjustment of status)
- Seeking cancellation of removal if you meet certain legal criteria
- Asserting humanitarian defenses or protection under international law
Each case is unique, and your options will depend on your immigration and personal history.
How Odunlami Law Firm Can Help
Facing denaturalization or deportation is one of the most serious immigration threats a person can experience. Here’s how we fight for you:
We Listen with Care and Compassion
We begin by understanding every detail of your case — from the initial application to your current legal situation.
We Build a Strategic Defense
We analyze your Form N-400, immigration records, and any government allegations to craft a defense based on facts and law.
We Defend You in Court and with Federal Agencies
Our attorneys are skilled in both federal and immigration courts. We advocate aggressively for your rights.
We Explore Every Legal Avenue
Even if citizenship cannot be preserved, we act immediately to explore other ways to keep you in the U.S. and protect your family and livelihood.
Speak with an Immigration Attorney Today
Denaturalization and deportation are serious threats, but you don’t have to face them alone. Odunlami Law Firm is here to guide you, protect your rights, and fight for your future.
Call us or contact us online to schedule a confidential consultation.
