Can A Naturalized US Citizen Be Deported For Felony?

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Certain rules guide the interest of a citizen. As long as the government of the country has certified an individual to be a citizen, the laws of the land protect such an individual. In the United States and many other states, a citizen cannot be deported for a felony, except in cases of very grievous offenses like war crimes and the likes.

There are four major ways by which an individual can become a citizen of a country, by birth, by marriage, and by naturalization. Most immigrants into a country usually become citizens by naturalization. Citizenship by naturalization occurs when an individual has spent 10 years in a country and has kept a clean slate.

The same law that protects the citizen who was born in the country protects the citizen that is naturalized. “Citizenship is not a license that expires upon misbehavior,” Trop v. Dulles, 356 U.S. 86, 92 (1958). According to this statement, one citizen-no matter the mode of acquisition- is not superior to another.

Can A Naturalized U.S Citizen Be Deported For Felony? Yes, there is a possibility. There are only four cases that could cause a citizen’s denaturalization or deportation. But, would a citizen born in the country be deported for a felony? Of course not.

Four Reasons That Could Cause A Citizen’s Denaturalization Or Deportation

  1. When the individual refuses to testify before the congress within the 10 years of naturalization.
  2. While applying for citizenship, if the individual knowingly lies about something while filling the form, citizenship can be invalid. It could be about how much property the individual owns or the amount of income. As long as some of the facts do not tally with what is real, no citizenship.
  3. If such an individual is or was in the military and was discharged due to some dishonorable misconduct, denaturalization is imminent for such individual
  4. Membership in any organization that is against the rules and principles of the state or country can also lead to an individual’s denaturalization.

Apart from the aforementioned factors, there are no other grounds on which denaturalization can occur. If a citizen commits a crime, there are punishments suitable for such crimes. While this should make naturalized citizens in the United states rest easy, The present president, Trump affects a lot of things. His recent concern and move against immigrants are causing panic in the country.

A denaturalization task force has been set up to investigate the over 20 million immigrants in the country. Although the mode of operation is per the law, it still causes panic amongst immigrants. The most often cause of denaturalization is when the individual involved him or herself in any form of crime within the 10 years before naturalization and refused to state it while filling the citizenship form.

How Common Is Denaturalization?

In previous administrations, denaturalization was not much of an issue. Once a person becomes a citizen in the eye of the law, he or she enjoys equal rights. Therefore, deportation is not usually an option. Although, there are cases filed against individuals.

Before such an individual can be denaturalized, there are processes and decisions involved. These steps are legally done and with the supervision of the law. At times, the government wins and at other times, the individual wins. But since 1990 till date, there have been less than 130 cases of denaturalization. That amounts to about 5 cases a year. The number of persons denaturalized was even up to 5.

The United States has a legal system that protects the interest of every citizen. It is therefore hard to deport a citizen. But in recent times, the law appears to be side-lined and naturalized citizens are becoming more worried. This occurrence is becoming a concern for the cultural Americans as the laws that should protect them are being truncated.

Can A Naturalized Citizen Be Denaturalized After Divorce?

Once a person has been naturalized and granted permanent stay by the government, such an individual cannot be denaturalized or deported after a divorce. As earlier mentioned, there are only a few reasons why a person can be denaturalized. Meanwhile, for a person who is not yet a citizen and gets divorced, the situation is different.

After marriage, an immigrant has access to a conditional residence. This is very similar to probation. It lasts for two years. If the divorce takes place within the two years, such a person is not yet a citizen and can easily be deported. However, if you stay married to a U.S spouse until after two years, you don’t become a citizen automatically.

The marriage only shortens your time of naturalization. You would become a citizen faster unlike if you had divorced. Also, if you divorce while you are in a temporary stay in the United States, your visa becomes revoked and you will be deported immediately. It is important to know how these things work so as not to be a victim of ignorance.