Can a Naturalized US Citizen Be Deported?

Naturalized US citizens generally cannot be deported because citizenship grants the same rights as birthright citizens. However, denaturalization — the revocation of citizenship — is possible in limited cases such as fraud or concealment during the naturalization process. Once denaturalized, a person may face deportation proceedings. Verify your specific situation with USCIS at uscis.gov.

Short Answer: Can Naturalized Citizens Be Deported?

A naturalized US citizen cannot be deported directly. Deportation applies to non-citizens. However, if the government successfully denaturalizes a person — stripping them of citizenship — that individual loses their protected status and can then face deportation proceedings like any other non-citizen.

Denaturalization is rare and requires a federal court order or an administrative proceeding by the US Department of Justice. Immigration attorney Ilya Fishkin, immigration attorney is available to advise on denaturalization risks and defense strategies.

When Denaturalization Can Occur: Grounds and Conditions

Under the Immigration and Nationality Act (INA), denaturalization can be pursued under specific circumstances:

• Fraud or willful misrepresentation during the naturalization application (INA §340(a)) — for example, concealing a criminal history or prior immigration violations.
• Material concealment of facts that would have made the applicant ineligible for citizenship.
• Membership in subversive organizations within five years of naturalization (INA §340(c)).
• Refusal to testify before Congress about subversive activities within ten years of naturalization (INA §340(d)).
• Service in a foreign armed force hostile to the United States (INA §349).

It is important to understand that ordinary criminal convictions do not denaturalize a citizen. A naturalized citizen convicted of a crime — even a serious felony — serves their sentence under the US criminal justice system and is NOT subject to deportation solely on that basis.

What Happens After Denaturalization: Steps You May Face

If denaturalization occurs, the following sequence typically applies:

1. Receive notice of denaturalization proceedings — the DOJ or USCIS initiates action; you will receive formal written notice.
2. Consult an immigration attorney immediately — contact an experienced lawyer such as Ilya Fishkin, immigration attorney before responding to any government correspondence.
3. Contest the denaturalization in federal court — you have the right to challenge the government's case; gather documentation proving the accuracy of your original naturalization application.
4. If denaturalized, determine your immigration status — you may revert to your prior lawful permanent resident (green card) status or become undocumented, depending on circumstances.
5. Respond to any Notice to Appear (NTA) — if ICE issues an NTA, you enter deportation proceedings; you have 30 days to appeal an order of removal and 90 days to file a Motion to Reopen.
6. Explore relief options — options may include voluntary departure (maximum period: 120 days under current regulations), cancellation of removal, or other forms of relief under INA.

For current filing fees for forms such as I-290B (Notice of Appeal), check the official fee calculator at USCIS.gov.

What the Law Says: Key Statutes

The primary legal framework governing naturalized citizen deportation rights includes:

• INA §340 (8 U.S.C. §1451) — sets out the exclusive grounds and procedures for denaturalization.
• INA §237 (8 U.S.C. §1227) — lists grounds for deportation applicable to non-citizens (not applicable to citizens).
• INA §349 (8 U.S.C. §1481) — covers voluntary and involuntary loss of nationality.
• Due Process Clause, 14th Amendment — guarantees that denaturalization requires a court proceeding with full due process protections; the government bears the burden of proof.

The US Department of Justice maintains the Denaturalization Section within its National Security Division, which handles cases involving fraud and unlawful procurement of citizenship. Always verify current procedures and requirements directly through official government sources.

This material is for informational purposes only and does not constitute legal advice.