HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » Can the US revoke citizen... » Reply #2
In the discussion thread: Can the US revoke citizenship? nt [View all]

Response to Progressive Jones (Original post)

Thu Jun 3, 2021, 03:48 PM

2. Grounds for Revocation of Naturalization

From: https://www.uscis.gov/policy-manual/volume-12-part-l-chapter-2

In general, a person is subject to revocation of naturalization on the following grounds:
A. Person Procures Naturalization Illegally

A person is subject to revocation of naturalization if he or she procured naturalization illegally. Procuring naturalization illegally simply means that the person was not eligible for naturalization in the first place. Accordingly, any eligibility requirement for naturalization that was not met can form the basis for an action to revoke the naturalization of a person. This includes the requirements of residence, physical presence, lawful admission for permanent residence, good moral character, and attachment to the U.S. Constitution.

Discovery that a person failed to comply with any of the requirements for naturalization at the time the person became a U.S. citizen renders his or her naturalization illegally procured. This applies even if the person is innocent of any willful deception or misrepresentation.
B. Concealment of Material Fact or Willful Misrepresentation
1. Concealment of Material Fact or Willful Misrepresentation

A person is subject to revocation of naturalization if there is deliberate deceit on the part of the person in misrepresenting or failing to disclose a material fact or facts on his or her naturalization application and subsequent examination.

In general, a person is subject to revocation of naturalization on this basis if:

The naturalized U.S. citizen misrepresented or concealed some fact;

The misrepresentation or concealment was willful;

The misrepresented or concealed fact or facts were material; and

The naturalized U.S. citizen procured citizenship as a result of the misrepresentation or concealment.

This ground of revocation includes omissions as well as affirmative misrepresentations. The misrepresentations can be oral testimony provided during the naturalization interview or can include information contained on the application submitted by the applicant. The courts determine whether the misrepresented or concealed fact or facts were material. The test for materiality is whether the misrepresentations or concealment had a tendency to affect the decision. It is not necessary that the information, if disclosed, would have precluded naturalization.
2. Membership or Affiliation with Certain Organizations

A person is subject to revocation of naturalization if the person becomes a member of, or affiliated with, the Communist party, other totalitarian party, or terrorist organization within five years of his or her naturalization. In general, a person who is involved with such organizations cannot establish the naturalization requirements of having an attachment to the Constitution and of being well-disposed to the good order and happiness of the United States.

The fact that a person becomes involved with such an organization within five years after the date of naturalization is prima facie evidence that he or she concealed or willfully misrepresented material evidence that would have prevented the personís naturalization.
C. Other than Honorable Discharge before Five Years of Honorable Service after Naturalization

A person is subject to revocation of naturalization if:

The person became a U.S. citizen through naturalization on the basis of honorable service in the U.S. armed forces;

The person subsequently separates from the U.S. armed forces under other than honorable conditions; and

The other than honorable discharge occurs before the person has served honorably for a period or periods aggregating at least five years.

Reply to this post

Back to OP Alert abuse Link to post in-thread

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 13 replies Author Time Post
Progressive Jones Jun 2021 OP
drray23 Jun 2021 #1
LineReply Grounds for Revocation of Naturalization
PoliticAverse Jun 2021 #2
drray23 Jun 2021 #3
PoliticAverse Jun 2021 #5
drray23 Jun 2021 #10
Progressive Jones Jun 2021 #6
Buns_of_Fire Jun 2021 #4
Progressive Jones Jun 2021 #7
gopiscrap Jun 2021 #8
dawg day Jun 2021 #11
gopiscrap Jun 2021 #13
StarfishSaver Jun 2021 #9
Progressive Jones Jun 2021 #12
Please login to view edit histories.