What To Do if You Are Facing Denaturalization
Learn What to Do if You Are Facing Revocation of U.S. Citizenship from the Denaturalization Attorneys at Oberheiden P.C.
Denaturalization Team Lead
Founding Attorney
Facing denaturalization as a foreign-born U.S. citizen is an extremely serious matter. Not only are you at risk of losing your U.S. citizenship—not to mention all of the time and effort you put into the process—but, in many cases, denaturalization proceedings can lead to ICE investigations, criminal charges, and deportation proceedings as well. As a result, you need to be very careful, and you need to ensure that you are making informed decisions with your long-term best interests in mind.
When you are facing denaturalization, there are both steps you need to take and mistakes you need to avoid. Learn about some of these steps and mistakes (and get the answers to some frequently asked questions (FAQs)) from the U.S. denaturalization attorneys at Oberheiden P.C.:
5 Steps to Take When Facing Denaturalization (Revocation of U.S. Citizenship)
If you are facing denaturalization proceedings as a foreign-born U.S. citizen, here are five important steps you should try to take as soon as possible:
1. Gather Your Immigration and Naturalization Records
One of the first steps you should take is to gather your immigration and naturalization records. There are two primary grounds for civil denaturalization, and your immigration and naturalization records will both be relevant to your defense regardless of which of these grounds the U.S. government is pursuing:
- Illegal procurement (i.e., you were ineligible for naturalization due to immigration fraud, the commission of war crimes, working with drug cartels, or compromising U.S. national security); or,
- Procurement by concealment of a material fact or by willful misrepresentation.
If your immigration records show that you entered the U.S. legally and complied with the terms of your admission throughout your period of residency and physical presence, this should go a long way toward helping protect you against denaturalization (though there are no guarantees). Likewise, if your naturalization records show that you meet the U.S. citizenship requirements and made all necessary disclosures, this should help with protecting your citizenship as well.
Conversely, if your immigration or naturalization records suggest that you may be eligible for denaturalization (i.e., because you illegally procured naturalized citizenship), this is a critical fact that you (and your attorney) need to know. Informed decision-making is critical, and it is important not to overlook any facts that are relevant to your denaturalization case.
2. Speak with a U.S. Denaturalization Attorney As Soon As Possible
If your U.S. citizenship is at risk, you will want to speak with a denaturalization attorney as soon as possible. Denaturalization cases are complex legal proceedings that require experienced legal representation. While you are allowed to represent yourself in court (and you are not entitled to a court-appointed attorney in civil denaturalization cases), it will be critical for you to be able to rely on your attorney to advocate effectively on your behalf.
3. Make Sure You Know Precisely Why You Are Facing Denaturalization
While there are two main grounds for the federal government to pursue civil denaturalization proceedings, you could be facing loss of your U.S. citizenship for a variety of different reasons. When facing loss of U.S. citizenship after the naturalization process, it is critical to make sure you know precisely why this is the case. Once you know why the U.S. government is seeking to revoke your citizenship, then you (and your attorney) can focus on building a defense strategy that is focused on the specific allegations against you.
4. Make an Informed Decision About How to Approach Your Denaturalization Case
When your U.S. citizenship is at risk, you need to make an informed decision about how to approach your denaturalization case. If you have grounds to fight denaturalization, you should work with your attorney to fight your case by all means available. On the other hand, if you acquired your U.S. citizenship illegally—and if there is evidence available to prove it—then you may need to take a different approach. After evaluating the circumstances of your case, your attorney will be able to help you decide how best to proceed.
5. Work with Your Attorney to Pursue a Favorable Resolution
Regardless of how you decide to proceed, you will want to work closely with your attorney to pursue a favorable resolution under the circumstances at hand. Working closely with your attorney is essential, as your attorney will need you to provide important details about your immigration and naturalization as a U.S. citizen, and you will need to make informed decisions based on your attorney’s advice at various stages of the process. While you can (and should) rely on your attorney to represent you, protect your rights and address any due process concerns, your attorney will be relying on you to provide the information and input he or she needs from you as well.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Nicholas B. Johnson
Former Prosecutor
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
5 Mistakes to Avoid When Facing Denaturalization (Efforts to Revoke Citizenship)
Along with taking these steps (among others), there are also several potentially costly mistakes that naturalized citizens need to be careful to avoid. Here are five examples of mistakes that could lead to unnecessary consequences when the Justice Department is seeking to revoke a person’s citizenship:
1. Ignoring Your Denaturalization Case
If you are facing denaturalization, you cannot simply ignore your denaturalization case. The U.S. Department of Justice (DOJ) has committed to prioritize denaturalization and is aggressively pursuing cases targeting naturalized citizens–and it has stated that pursuing cases permitted under U.S. immigration law will continue to be a priority going forward. Your denaturalization case isn’t simply going to go away; and, if you ignore it, there is a very good chance that your U.S. citizenship will be revoked.
2. Assuming There is Nothing You Can Do to Protect Your U.S. Citizenship
In this same vein, you should not assume there is nothing you can do to protect your U.S. citizenship. There are various defenses to denaturalization; and, in civil denaturalization cases, the Justice Department must prove that revocation of naturalized citizens’ U.S. citizenship is warranted by “clear, convincing, and unequivocal evidence which does not leave the issue in doubt.” If the Justice Department cannot meet its burden of proof for any reason, then your naturalization as a U.S. citizen should be preserved.
3. Assuming You Know Why You Are Facing Denaturalization Proceedings
You should also avoid assuming you know why you are facing civil proceedings focused on revoking your citizenship. There are several potential grounds for the government to seek to revoke citizenship, including naturalization fraud, felony criminal convictions, and convictions for certain other serious crimes.
In this situation, it is critical that you make informed decisions based on the specific circumstances at hand to avoid having your citizenship revoked unnecessarily. If you incorrectly identify the reason for your naturalized citizenship status being at risk, you won’t be able to build an effective defense. If you aren’t clear on why you are facing denaturalization, your attorney can help.
4. Overlooking Other Legal or Immigration Risks You Might Be Facing
If you are facing denaturalization proceedings, you may need to be wary of facing other legal or immigration risks as well. For example, in many cases, the Justice Department’s Civil Division is pursuing denaturalization of naturalized citizens in connection with federal criminal investigations targeting war crimes, violent crimes, drug crimes, fraud-related offenses (including PPP loan fraud), and offenses that involve risks to national security. In some cases, ICE is pursuing deportation in connection with denaturalization cases as well.
5. Trying to Handle Your Situation Without Legal Representation
Given the significant risks you are facing, you should not try to handle your situation without legal representation. If your U.S. citizenship is at risk (and if you may be facing other legal or immigration consequences), hiring an experienced attorney to help you fight the DOJ Civil Division’s efforts to revoke citizenship will be well worth it. Various constitutional principles protect you in this scenario, but you must assert your protections effectively in order to avoid losing your citizenship status and being reclassified as a lawful permanent resident (or restoring your other pre-naturalization immigration status).
FAQs: What Naturalized Citizens Should Know About Facing Denaturalization in the U.S.
What Should I Do if I Am Facing Loss of U.S. Citizenship After the Naturalization Process?
If you are facing loss of U.S. citizenship after the naturalization process, you need to handle your situation very carefully. If the U.S. Department of Justice has decided to pursue denaturalization, you should gather your immigration and naturalization records, and you should consult with an experienced U.S. denaturalization attorney as soon as possible.
Can I Fight to Avoid Denaturalization as a Foreign-Born U.S. Citizen?
Yes, if you are facing denaturalization, you can fight to protect your U.S. citizenship. There are several potential options for doing so, and an experienced denaturalization attorney will be able to help you build a defense based on the specific circumstances of your case.
How Do I Fight Denaturalization Under U.S. Immigration Law?
For naturalized citizens, fighting the government’s aggressive efforts to pursue denaturalization cases involves disputing the DOJ’s or USCIS’s allegations against you in federal court. In denaturalization cases, the federal government has the burden of proof. As a result, to successfully protect your status as a naturalized U.S. citizen, you must be able to prevent the Justice Department from proving that valid grounds for denaturalization exist.
Do I Need an Attorney to Fight the DOJ Civil Division’s Denaturalization Efforts?
While naturalized citizens are not legally required to hire an attorney, hiring an experienced attorney to help you fight denaturalization in federal civil litigation is strongly recommended. Not only is this an extremely high-risk scenario that has implications for the rest of your life (and potentially for your family members’ lives as well), but civil litigation in denaturalization cases are also extremely complex. As a result, it is best to have an experienced attorney on your side.
How Do I Choose an Attorney for My Denaturalization Case?
When choosing an attorney for your denaturalization case, you will want to focus on the attorney’s experience in the areas of federal immigration law and federal defense. As we said above, the Justice Department has decided to prioritize denaturalization in all cases permitted under U.S. immigration law. Given that this is one of the DOJ’s top enforcement priorities, it is important to make sure you choose an attorney who knows what it will take to defend you successfully.
Contact Us for a Free and Confidential Consultation with a U.S. Denaturalization Attorney at Oberheiden P.C.
Are you facing denaturalization? If so, we encourage you to contact us promptly for a free consultation. We handle civil matters and criminal cases on behalf of naturalized Americans across the United States. To speak with a U.S. denaturalization attorney at Oberheiden P.C. in strict confidence as soon as possible, call 888-680-1745 or tell us how we can reach you online now.
