Tuesday, April 23, 2013

Revocation of Naturalization (Denaturalization)

The Immigration and Nationality Act INA §340(a),(e) Title 8 U.S.C § 1451(e)authorizes the Attorney General to institute administrative or judicial proceedings to correct, reopen, alter, modify, or vacate an order naturalizing a person.
Section 340(a) provides two distinct legal bases for denaturalization or revocation of citizenship: 
1)  If the naturalized person has procured citizenship illegally, or;
2)  If the person procured naturalization by concealment of a material fact or by willful misrepresentation.
 Four additional requirements must be met in pursuing denaturalization on this bases:
1)  the naturalized citizen must have misrepresented or concealed some fact,
2)  the misrepresentation or concealment must have been willful,
3)  the fact must have been material, and the naturalized citizen must have procured citizenship as a result of the misrepresentation or concealment." Kungys v. United States, 485 U.S. 759, 767 (1988).
Pursuant to Costello v. U.S., 365 U.S. 265, (1961) there is no statute of limitations and revocation proceedings may be brought many years after the original naturalization.

For more on this topic: 
West's U.S. Citizenship and Naturalization Handbook, 2013 Ed., is an excellent resource and is available for circulation here at the Trial Court Law Library in Lawrence.