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Revocation of U.S. Citizenship:

Revocation of citizenship from the United States of America occurs primarily with naturalized U.S. Citizens; which is also known as Denaturalization. As per the controlling statute of Immigration and Nationality Act Section 340(a) 1994:

“It shall be the duty of the United States attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside at the time of bringing suit, for the purpose of revoking and setting aside the order admitting such person to citizenship and cancelling the certificate of naturalization on the ground that such order and certificate of naturalization were illegally procured or were procured by concealment of a material fact or by wilful misrepresentation . . . . ” http://www.justice.gov/olc/ina340.htm

The above means that if the naturalized U.S. Citizen obtained U.S. naturalization illegally, the USCIS can revoke the Naturalization Certificate, rendering the certificate ‘illegally procured.’

Revocation or denaturalization can also occur if the naturalized U.S. Citizen concealed material evidence or purposely lied to immigration in order to obtain the Naturalization Certificate. Lying to the USCIS during the naturalization process and/or on the N-400 Naturalization application can lead to revocation of U.S. Citizenship.

Additionally a naturalized U.S. Citizen can lose their citizenship through the following:

  • Serving in the individual’s native country’s Armed Forces as an officer or non-commissioned officer
  • Serving in the individual’s native country’s Armed Forces as the native country is in hostile engagement with the United
  • Holding an elected or policy-level position in the native country
  • Conviction for an act of treason against the United States
  • Refusal to testify before Congress about the individual’s subversive activities

Revocation of Visa

A visa revocation or the cancellation of a visa can occur when there is reason suspected by the consular officer of the visa issuing consulate then confirmed through data that the visa was prematurely approved and issued out to the visa holder.

Visa revocations can occur for a number of reasons, the most prominent reason is if the consular officer believes the visa applicant and now visa holder abused the immigration system through deception and withholding facts pertinent to the issuance of the visa.

Visa revocations occur if the visa holder is inadmissible to the United States. To be inadmissible means the person is not allowed to come into the United States; inadmissible meaning not allowed. The grounds of inadmissibility cover issues of national security, criminal violations and convictions, medical condition such as communicable diseases, financial fraud and other reasons. Click here to see the Grounds of Inadmissibility into the United States as dictated by the Immigration & Nationality Act Section 212(a).

Visa revocation can also occur if the holder of a non-immigrant visa is not entitled to the visa because he or she does not meet the criteria for the visa category (Section 214(b)). Primarily if a visa holder is described by any of the grounds of inadmissibility, he or she is deportable. The visa holder would have his or her visa revoked and then deported by Immigration & Customs Enforcement (ICE). If the visa holder meets a list of requirements as dictated by immigration they may have the option of voluntary departure. If you are deported you can be banned for up to 20 years. However, if you meet the requirements for voluntary departure, you do not risk a ban on re-entry.

The consular officer at the consulate of the issuing visa is not the only institution that can revoke a visa; the decision to revoke a visa can originate from the State Department in Washington, D.C. More than 60,000 visas have been revoked since 2001.

Revocation of Citizenship: Losing citizenship either voluntarily (renouncing citizenship) or involuntarily.
The grounds for involuntarily losing naturalized U.S. citizenship include:

  • Lying to the USCIS during the naturalization process
  • Service in the native country’s Armed Forces (if said country is at war or engaged in hostilities with the United States)
  • Serving in the native country’s Armed Forces as an officer or a non-commissioned officer
  • Holding an elected or policy-level position in the native country
  • Conviction for an act of treason against the United States
  • Refusal to testify before Congress about one’s subversive activities

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