Denaturalization and Loss of US Citizenship

Last updated: October 4, 2026

Denaturalization is the legal process of taking away citizenship obtained through naturalization. The government must prove a legal basis for doing so through federal court proceedings. An investigation, accusation, or referral to the Department of Justice does not itself take away citizenship.

This page explains the grounds for denaturalization, the special rule for military service, and the possible effects on spouses and children. If you receive a notice or court papers questioning your citizenship, have the allegations and response deadline reviewed promptly.

Why citizenship may be revoked

The person did not meet the legal requirements

Citizenship may be revoked if the person was not legally eligible when naturalization was granted. For example, the person may not have met the applicable requirements for lawful permanent residence, residence in the United States, or good moral character. The requirements depend on the naturalization category.

This ground is called “illegal procurement.” It does not always require intentional fraud. An approval by USCIS does not correct a failure to meet a legal requirement.

The person deliberately hid or misrepresented important information

The government may also seek denaturalization when a person obtained citizenship by deliberately hiding a material fact or making a material false statement. “Material” means the information had a natural tendency to influence the naturalization decision. The government must also establish the required connection between the concealment or misrepresentation and obtaining citizenship.

An innocent mistake does not automatically establish this ground. However, intentionally giving false oral testimony under oath to obtain an immigration benefit can create a separate good moral character problem, even if the statement was not material. The exact statement, circumstances, and legal allegation matter.

Federal law also contains narrow provisions concerning certain prohibited organizational affiliations within five years after naturalization and certain contempt convictions for refusing to testify before Congress about subversive activities. Each provision has specific requirements. A later criminal conviction does not, by itself, automatically cancel citizenship.

Military naturalization and the five year rule

Naturalization through military service does not create a blanket requirement to remain in the military for five years to keep citizenship.

Under 8 U.S.C. § 1439(f) and § 1440(c), the government may seek revocation of citizenship granted under those military provisions when both of these conditions exist:

• The person separates from the military under other than honorable conditions; and
• At the time of separation, the person has not completed a total of five years of honorable service.

The five years may include qualifying service before and after naturalization. It does not mean five additional years after becoming a citizen. The military records must establish how much service qualifies as honorable.

Example	Effect under this particular rule
Honorable discharge after four years of honorable service	Leaving before five years does not trigger this ground for revocation.
Dishonorable discharge after two years of honorable service	The government may seek revocation if the statutory requirements are met. Citizenship is not lost automatically upon discharge.
Later dishonorable discharge after at least five years of documented honorable service	This particular ground does not apply solely because of the later discharge. Other grounds for denaturalization may still apply.

“Other than honorable conditions” is the statutory wording. A dishonorable discharge is one example; the law is not limited to that discharge label. The military’s characterization and records require review. These citizenship rules are separate from a person’s enlistment obligations.

How the government brings a denaturalization case

In a civil case, the Department of Justice files a lawsuit in federal district court. The government must present clear, unequivocal, and convincing evidence that does not leave the issue in doubt. It does not need a criminal conviction before bringing the civil case. The person has an opportunity to respond and contest the allegations.

In a criminal case, prosecutors may charge a person with knowingly obtaining naturalization unlawfully under 18 U.S.C. § 1425. The government must prove the offense beyond a reasonable doubt. A conviction for unlawfully obtaining one’s naturalization requires the court to revoke it under 8 U.S.C. § 1451(e), and criminal penalties may also apply.

In Maslenjak v. United States, the Supreme Court held that a conviction under § 1425(a) requires the illegal act to have played a role in obtaining citizenship. A false statement does not automatically prove that offense simply because it was made during the naturalization process.

Canceling a certificate and taking away citizenship

A citizenship certificate is evidence of citizenship. Whether a person is legally a citizen depends on the law and how citizenship was acquired.

When a federal court revokes naturalization, it also orders cancellation of the Certificate of Naturalization. That process takes away citizenship and invalidates the certificate.

There is also a separate procedure under 8 U.S.C. § 1453 for canceling certain certificates obtained or created illegally or fraudulently. Cancellation under that provision invalidates the document; it does not, by itself, take away citizenship the person legally acquired.

For example, USCIS might mistakenly issue a Certificate of Citizenship to someone who never met the requirements to become a citizen through a parent. The certificate itself did not make that person a citizen. Canceling it addresses the invalid document. If the person has another valid legal basis for citizenship, that basis must be evaluated separately.

USCIS guidance also explains that a person who lawfully filed a naturalization application and completed the process through the oath cannot be stripped of citizenship merely by administratively canceling the certificate. Revocation proceedings are required.

A notice proposing cancellation still requires a response. Section 1453 requires written reasons and at least 60 days to show why the document should not be canceled. Have the notice reviewed to identify what the government is challenging and the available response or appeal procedures.

Immigration status after denaturalization

A denaturalized person generally returns to the immigration status held before becoming a citizen, often permanent resident status. That does not guarantee the right to remain in the United States. The government may separately pursue removal based on unlawful admission, fraud, criminal conduct, or another applicable ground. An existing removal order also needs review. Denaturalization itself is not an immediate deportation order.

What happens to spouses and children?

A parent’s or spouse’s denaturalization does not affect every family member the same way. The result depends on how the family member obtained citizenship or immigration status and why the court revoked the relative’s citizenship.

If the spouse or child became a citizen through that person

These rules concern children who became citizens through a parent’s naturalization and spouses who naturalized under special marriage provisions, such as the three-year rule. Marriage alone does not make someone a U.S. citizen.

When a court revokes the parent’s or spouse’s citizenship in a civil case, the following distinctions matter:

• Citizenship revoked for concealing important facts or deliberately providing false information: The spouse or child loses citizenship obtained through that person. This applies even if the family member did nothing wrong, knew nothing about the misconduct, and lives in the United States. Living abroad produces the same result.
• Citizenship revoked only because the person did not meet a legal requirement: The spouse or child does not lose citizenship under this family rule. The law calls this “illegal procurement.” It means the person was not legally eligible for naturalization; it does not necessarily mean the person lied or committed fraud.
• Citizenship revoked under certain military-service or prohibited-organization provisions: Where the family-loss rule in 8 U.S.C. § 1451(d) applies, a spouse or child residing outside the United States loses citizenship obtained through that person. This particular loss rule does not apply if the family member resides in the United States when the court revokes the citizenship. The military provision covered by this rule is § 1440(c).

Example: A child became a citizen through her father’s naturalization. A court later revokes the father’s citizenship because he deliberately concealed important information. The child loses the citizenship she obtained through him, even though she did nothing wrong. If the court instead revokes his citizenship solely because he did not meet a residence requirement, that family-loss rule does not take away her citizenship.

A family member who loses citizenship under these rules generally returns to the immigration status held before becoming a citizen. Whether that earlier status remains legally valid requires a separate review.

If the spouse or child obtained citizenship independently

A family member does not lose independently obtained citizenship merely because a relative is denaturalized.

For example, a spouse may have independently qualified and naturalized under the general five-year rule. That is different from qualifying under the special three-year rule for spouses of U.S. citizens. A separate problem with that spouse’s own green card or naturalization can still be investigated.

If the spouse or child has a green card

Denaturalization does not automatically cancel a family member’s green card. However, the government may review whether the spouse or child was legally eligible for the green card when it was issued.

If the family member was not eligible, the government may seek to take away permanent resident status through the applicable legal process. A spouse or child can face an eligibility problem even without participating in the original wrongdoing. Each person’s immigration history must be reviewed separately.

If a citizenship or green card application is still pending

A spouse or child cannot continue relying on the relative as a U.S. citizen after that relative has been denaturalized. A citizenship application based on that relationship must be reassessed. Another basis may be available—for example, a spouse may independently qualify under the general five-year naturalization rule.

A pending green card case also needs review. If the sponsor remains a lawful permanent resident, sponsorship may still be possible for certain relatives, but the immigration category and waiting time may change.

What to do if you receive a notice

Keep the complete notice, envelope, and court papers, and identify every response deadline. Gather your naturalization application, earlier immigration filings, citizenship certificate, relevant court records, and any military service records. If relatives obtained status through you, gather their approval notices and applications as well.

Obtain advice before submitting substantive statements or signing an agreement, while continuing to comply with court orders and other legal obligations. The matter may require immigration counsel, a lawyer authorized to handle the federal court case, criminal defense counsel, or coordinated representation. Have travel plans and the use of affected documents reviewed.

Learn more about naturalization requirements and citizenship through a parent.

Schedule an Immigration Consultation

The Law Offices of Osas Iyamu, LLC, in Ocala, Florida, can review your immigration history, explain the issues affecting you and your family, and discuss the next steps.

Schedule an immigration consultation with Attorney Osas Iyamu, or call 1-800-974-6480 or 352-237-2403. Tell our office about any response deadline or court date when requesting your appointment.

Disclaimer: This page provides general information and is not legal advice. Citizenship, denaturalization, and immigration consequences depend on the facts and applicable law. Reading this page or contacting our office does not create an attorney-client relationship.