Chapter 3 - Effects of Revocation of Naturalization

A. Effective Date of Revocation of Naturalization

The revocation of a person’s U.S. citizenship obtained through naturalization is effective as of the original date of naturalization.^[1] The person returns to his or her immigration status before becoming a U.S. citizen as of the date of naturalization shown on the person’s Certificate of Naturalization.

B. Cancellation of Certificate of Naturalization

If a court revokes a person’s U.S. citizenship obtained through naturalization, the court enters an order revoking the person’s naturalization and cancelling the person’s Certificate of Naturalization. In such cases, the person must surrender his or her Certificate of Naturalization. Once USCIS obtains the court’s order revoking citizenship and cancelling the certificate, USCIS updates its records, including electronic records, and notifies the Department of State of the person’s revocation of naturalization. All cases relating to cancellation of certificates should be coordinated through the USCIS Office of the Chief Counsel office with jurisdiction.^[2]

C. Effects of Revocation on Citizenship of Certain Spouses and Children^[3]

1. General Effects of Person’s Revocation on Citizenship of Spouse or Child

In general, certain spouses and children of persons who naturalize may become U.S. citizens through their spouses or parents’ citizenship. A spouse may become a U.S. citizen through the special spousal provisions for naturalization.^[4] A child residing in the United States or abroad may become a U.S. citizen through his or her parent’s naturalization.^[5] In general, the spouse or child of a person whose citizenship has been revoked cannot become a U.S. citizen on the basis that he or she is the spouse or child of that person.^[6]

In addition, the citizen spouse or citizen child of a person whose citizenship has been revoked may lose his or her citizenship upon the parent or spouse’s revocation of naturalization. This depends on the basis of the revocation, and in some cases, on whether the spouse or child resides in the United States at the time of the revocation.

For example, the citizenship of a spouse or child who became a U.S. citizen through the naturalization of his or her parent or spouse is not lost if the revocation was based on illegal procurement of naturalization. The spouse or child’s citizenship may be lost, however, if the revocation was based on other grounds (see below).

In cases where the spouse or child loses his or her citizenship, the spouse or child loses any right or privilege of U.S. citizenship which he or she has, may have, or may acquire through the parent or spouse’s naturalization. The spouse or child returns to the status that he or she had before becoming a U.S. citizen.^[7]

2. Citizenship of Spouse or Child is Lost if Revocation for Concealment or Misrepresentation

The spouse or child of a person whose U.S. citizenship is revoked loses his or her U.S. citizenship at the time of revocation in cases where:

• The spouse or child became a U.S. citizen through the naturalization of his or her parent or spouse whose citizenship has been revoked; and

• The parent or spouse’s citizenship was revoked on the ground that his or her naturalization was procured by concealment of a material fact or by willful misrepresentation.^[8]

This provision applies regardless of whether the spouse or child is residing in the United States or abroad at the time of the revocation of naturalization.^[9]

3. Citizenship of Spouse or Child Residing Abroad is Lost if Revocation on Certain Grounds

The spouse or child of a person whose U.S. citizenship is revoked may lose his or her U.S. citizenship if the spouse or child is residing outside of the United States at the time of revocation.^[10] This applies if the revocation was based on becoming a member of certain organizations after naturalization or for separating from the military under less than honorable conditions before serving honorably for five years.

The spouse or child of a person whose U.S. citizenship is revoked under these sections may lose his or her U.S. citizenship at the time of revocation in cases where:

• The spouse or child became a United States citizen through the naturalization of his or her parent or spouse whose citizenship has been revoked;

• The spouse or child resided outside of the United States at the time of revocation; and

• The parent or spouse’s citizenship was revoked on the basis that:

• The person became involved with the Communist party, other totalitarian party, or terrorist organization within five years of his or her naturalization;^[11] or

• The person naturalized on the basis of service in the U.S. armed forces but separated from the military under other than honorable conditions before serving honorably for a period or periods totaling at least five years.^[12]

The spouse or child’s loss of citizenship under this provision does not apply if the spouse or child was residing in the United States at the time of revocation.^[13]

Footnotes

[^ 1] See INA 340(a).

[^ 2] See Part K, Certificates of Citizenship and Naturalization, Chapter 5, Cancellation of Certificate of Citizenship or Naturalization [12 USCIS-PM K.5].

[^ 3] USCIS counsel should be contacted in all cases involving possible loss of citizenship by spouses or children of persons whose naturalization has been revoked.

[^ 4] See INA 319(a) and INA 319(b). See Part G, Spouses of U.S. Citizens [12 USCIS-PM G].

[^ 5] See INA 320 and INA 322. See Part H, Children of U.S. Citizens [12 USCIS-PM H].

[^ 6] See Rosenberg v. United States, 60 F.2d 475 (3rd Cir. 1932).

[^ 7] Officers should consult with local USCIS OCC counsel in any cases involving a spouse’s or child’s revocation of citizenship under this provision.

[^ 8] See INA 340(a) and INA 340(d).

[^ 9] See INA 340(d).

[^ 10] See INA 340(d).

[^ 11] See INA 313 and INA 340(c). See Part D, General Naturalization Requirements [12 USCIS-PM D].

[^ 12] See INA 328(f) and INA 329(c). See Part I, Military Members and their Families [12 USCIS-PM I].

[^ 13] See INA 340(d).