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The dream of many foreigners arriving in the United States with the idea of settling permanently is to eventually become citizens of that country.
In fiscal year 2024, the United States Citizenship and Immigration Services (USCIS) welcomed 818,500 new citizens during naturalization ceremonies held in U.S. territory and around the world, according to data from the agency. This figure represents a 7% decrease compared to the previous fiscal year.
To obtain U.S. citizenship, the applicant must complete the naturalization process, which requires certain criteria, but this status is not irrevocable.
The process by which the United States government revokes the citizenship of a person who obtained it through naturalization is called denaturalization. Although it is an uncommon measure, it can be applied in certain specific circumstances.
Citizenship can be lost or renounced. From 2008 to 2020, the Department of Justice presented 228 cases of civil denaturalization.
According to the official information, the main reasons for denaturalization are:
Fraud or misrepresentation during the naturalization process: Providing false information, concealing relevant facts, or lying on the citizenship application can lead to its revocation.
Participation in subversive or terrorist activities: If a person engages in acts of terrorism, espionage, or attempts to overthrow the government of the United States, they may be stripped of their citizenship.
Affiliation with totalitarian parties or extremist groups: Joining or supporting organizations that promote ideologies contrary to the democratic principles of the United States, especially within five years of naturalization, may be grounds for denaturalization.
Military service in foreign armed forces: Serving as an officer or in significant positions within the armed forces of a foreign country, especially if that country is in conflict with the United States, may result in the loss of citizenship.
Apply for a public position in a foreign country (under certain conditions).
USCIS also establishes that obtaining citizenship illegally is grounds for denaturalization: if a person did not meet any of the requirements for naturalization.
Being discharged from the United States Armed Forces under dishonorable conditions during wartime.
Another reason is committing certain crimes, such as sexual assaults, fraud, war crimes, and violations of human rights.
Voluntary renunciation of citizenship: Formally declaring the intention to renounce U.S. citizenship before the competent authorities is a direct cause of losing it.
Denaturalization is a legal process that requires the intervention of federal courts and is based on clear and convincing evidence. Furthermore, the mere commission of any of the mentioned actions does not automatically guarantee the loss of citizenship; each case is evaluated individually, taking into account the specific circumstances.
In September, a Cuban from Miami convicted of child sexual abuse lost his citizenship after being found guilty of naturalization fraud by a federal jury, as he provided false answers to two questions regarding the commission of sexual offenses during his interview with a USCIS officer. It was concluded that he obtained citizenship illegally.
By losing citizenship, a person ceases to have the rights and duties of a U.S. citizen, and must acquire the citizenship of another nation or risk becoming "stateless" (a person without nationality), and may need a visa if they wish to travel to the United States.
Frequently Asked Questions about Loss of U.S. Citizenship and Denaturalization Cases
What are the main reasons for losing U.S. citizenship?
The main causes for denaturalization include fraud or misrepresentation during the naturalization process, involvement in subversive or terrorist activities, affiliation with totalitarian parties or extremist groups, military service in foreign armed forces, and voluntary renunciation of citizenship. These cases are evaluated individually and require judicial intervention.
What is denaturation and how does it occur?
Denaturalization is the process by which the United States government revokes a person's citizenship that was obtained through naturalization. This process is legal and uncommon, requiring clear and convincing evidence presented before a federal court. Each case is examined based on its specific circumstances.
Can Elon Musk lose his U.S. citizenship?
Elon Musk could face denaturalization if it is confirmed that he committed fraud during his immigration process. Authorities are investigating whether Musk worked without authorization before obtaining his citizenship and whether he concealed this information in his visa or naturalization applications. However, denaturalization is a complex process, and each case is evaluated carefully.
What political implications does the case of Elon Musk have?
The case of Elon Musk has generated controversy due to his public stance critical of unauthorized immigration. If it is confirmed that Musk concealed information during his naturalization process, he could face criticism for hypocrisy, especially given his support for more restrictive immigration policies. This could also impact the public perception of his companies and their government contracts.
What is the difference between losing citizenship and voluntarily renouncing it?
Loss of citizenship due to denaturalization means that the government revokes it because of specific violations, such as fraud in the naturalization process. On the other hand, voluntarily renouncing citizenship is a personal act in which the individual formally declares their intention to cease being a citizen before the relevant authorities.
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