Can You Lose Your U.S. Citizenship? A Comprehensive Guide

Can You Lose Your U.S. Citizenship? Understanding the Legal Grounds and Consequences

U.S. citizenship is one of the most valuable nationalities in the world, offering individuals protection, rights, and privileges. However, many people ask, Can you lose your U.S. citizenship? While U.S. citizenship is generally considered permanent, there are legal circumstances under which it can be revoked, renounced, or lost.

This article will explore:

• How can you lose your citizenship in the U.S.?
• Can a U.S.-born citizen be deported or stripped of citizenship?
• Can the U.S. government revoke citizenship under certain conditions?
• The process of denaturalization of citizenship for naturalized individuals.
• What happens if you renounce your citizenship?

By the end of this guide, you will fully understand the circumstances under which U.S. citizenship can be lost and how to protect yourself.

Ways You Can Lose U.S. Citizenship

Many people wonder, How do you lose U.S. citizenship? The U.S. government has outlined specific circumstances under which citizenship can be lost. Here are the three ways to lose citizenship and more.

1. Voluntary Renunciation

What Is Renunciation?

Renunciation is a deliberate and formal process where an individual voluntarily surrenders their U.S. citizenship. Many people renounce their citizenship for tax reasons, political beliefs, or to acquire another nationality.

Process of Renouncing U.S. Citizenship

To renounce your U.S. citizenship, you must:

1. Appear at a U.S. embassy or consulate in a foreign country.
2. Sign an Oath of Renunciation before a consular officer.
3. Undergo an interview to confirm the decision is voluntary.
4. Pay a renunciation fee (currently $2,350).

Consequences of Renunciation

• Loss of citizenship is permanent and cannot be easily reversed.
• You will no longer have a U.S. passport or protection from the U.S. government.
• You may need a visa to visit the U.S. in the future.
• Tax implications: Even after renouncing, you may owe the IRS exit tax if you are a high-net-worth individual.

Can Renunciation Be Reversed?

In rare cases, if a person was coerced, misinformed, or a minor, renunciation can be reversed. However, the process is extremely difficult.

2. Committing an Act of Expatriation (Under the Immigration and Nationality Act, Section 349)

Under Section 349 of the Immigration and Nationality Act (INA), a U.S. citizen may lose their citizenship if they engage in acts of expatriation. However, intent is a key factor.

Examples of Expatriation Acts:

• Taking an oath of allegiance to a foreign country.
• Serving in a foreign military engaged in hostilities with the U.S.
• Holding a high-level government position in a foreign country.
• Engaging in treason, rebellion, or terrorism against the U.S.

However, the U.S. government must prove that the person acted voluntarily with the intent to relinquish citizenship.

Can the U.S. Government Revoke Your Citizenship?

Some individuals wonder, Can the U.S. government take away your citizenship? The answer depends on whether you are naturalized or born in the U.S.

1. Naturalized Citizens: Denaturalization Process

Naturalized citizens can be stripped of their citizenship through a process called denaturalization.

Reasons for Denaturalization:

• Fraud or misrepresentation during the naturalization process.
• Concealing criminal activities (e.g., terrorism, war crimes).
• Membership in extremist or hostile organizations (e.g., Nazi affiliations).

Consequences of Denaturalization:

• Denaturalized U.S. citizens can be deported.
• Can a naturalized citizen have their citizenship revoked? Yes, but only through legal proceedings.
• If denaturalization occurs, the individual may lose legal residency and face deportation.

2. Birthright Citizenship: Can It Be Taken Away?

One of the most asked questions is Can a U.S.-born citizen be deported? The answer is no—unless they voluntarily renounce their citizenship or commit an expatriation act.

Legal Precedents Protecting Birthright Citizenship:

• Afroyim v. Rusk (1967): Citizenship cannot be revoked without consent.
• Vance v. Terrazas (1980): Intent must be established for expatriation.
• Trop v. Dulles (1958): Citizenship cannot be revoked as punishment.

Thus, Can birth citizenship be revoked? – Only if the person voluntarily gives it up.

Key Legal Cases and Precedents

Several legal cases have set strong protections against arbitrary citizenship revocation:

1. Afroyim v. Rusk (1967) – Strengthened protections for U.S.-born citizens.
2. Vance v. Terrazas (1980) – Established intent as a requirement for expatriation.
3. Trop v. Dulles (1958) – Ruled that citizenship cannot be taken away as punishment.

Consequences of Losing U.S. Citizenship

Losing U.S. citizenship comes with serious consequences:

• Loss of U.S. passport and travel restrictions.
• No longer having U.S. government protection abroad.
• Ineligibility for U.S. benefits (Social Security, Medicare, etc.).
• Impact on family and immigration status.
• Potential tax obligations even after renunciation.

Can You Regain U.S. Citizenship After Losing It?

One of the most common concerns for individuals who have lost their citizenship is: Can you regain American citizenship? While regaining U.S. citizenship is extremely difficult, there are certain circumstances under which it may be possible.

1. If You Renounced Your Citizenship Under Duress or As a Minor

If a person renounced their U.S. citizenship under coercion, fraud, or as a minor, they may have a chance to apply for reinstatement.

• Minors who renounce citizenship before the age of 18 may petition to regain it before turning 18 and six months.
• If someone proves that they were pressured or misinformed when renouncing, they may challenge the renunciation.

However, such cases are rare and require legal intervention.

2. Through Naturalization (For Denaturalized Citizens)

For individuals who lost their U.S. citizenship through denaturalization, there is a possibility of reapplying for naturalization. However, this is only possible if:

• They did not commit fraud during their original naturalization.
• They have legal grounds to remain in the U.S. and are eligible to apply again.

A denaturalized individual must go through the full naturalization process again, including passing the U.S. citizenship test.

3. Congressional or Executive Action

In extraordinary circumstances, U.S. Congress or the President may grant U.S. citizenship to individuals who lost it. However, such cases are rare and usually involve high-profile individuals or humanitarian concerns.

How to Legally Relinquish U.S. Citizenship

If you are considering renouncing your U.S. citizenship, you should understand the process and consequences.

1. Steps to Renounce U.S. Citizenship

To legally renounce your U.S. citizenship, you must:

1. Schedule an appointment at a U.S. embassy or consulate outside the U.S.
2. Sign an Oath of Renunciation in front of a U.S. consular officer.
3. Attend an official interview to ensure your decision is voluntary.
4. Pay the $2,350 renunciation fee.

Once completed, you will receive a Certificate of Loss of Nationality (CLN) confirming that you are no longer a U.S. citizen.

2. Important Considerations Before Renouncing Citizenship

• Can your U.S. citizenship be revoked? If you renounce it voluntarily, you cannot regain it easily.
• Can you be stripped of U.S. citizenship? The U.S. cannot revoke citizenship without due process, but you can voluntarily renounce it.
• You will lose your U.S. passport and the right to enter the U.S. freely.
• You may still have to pay U.S. taxes under the IRS exit tax laws.

Before renouncing, consult an immigration attorney to fully understand the consequences.

Conclusion

U.S. citizenship is generally permanent, but it can be lost through renunciation, denaturalization, or acts of expatriation. Naturalized citizens face revocation if they obtain citizenship fraudulently, while U.S.-born citizens are largely protected under the 14th Amendment. Losing citizenship has serious consequences, including the loss of a U.S. passport and benefits.

Need Legal Advice? Contact Passage Law

If you are considering renouncing your citizenship, facing denaturalization, or have questions about whether you can lose your U.S. citizenship, our experienced immigration attorneys at Passage Law can help you understand your rights.

Contact us today for a consultation!