us-uscis-policy-manual-volume-12-part-l-chapter-1•Chapter 1- Purpose and Background
Chapter 1- Purpose and Background
us-uscis-policy-manual-volume-12-part-l-chapter-1Chapter 1- Purpose and BackgroundGuidance
A. Purpose
United States citizenship confers rights, privileges, and responsibilities that are vital to the security and safety of the United States. While the vast majority of aliens who naturalize do so lawfully and are attached to the principles of the U.S. Constitution, there are some who obtain citizenship illegally or fraudulently. Actions to revoke naturalization unlawfully obtained or obtained by fraud are an integral part of the government’s means to enforce immigration and naturalization laws, deter immigration fraud, and protect the national security and public safety of the United States.
A naturalized U.S. citizen is subject to revocation of naturalization if naturalization was procured illegally or procured by willful misrepresentation or concealment of a material fact.[1]
U.S. citizenship may be lost in two ways: through revocation of naturalization; or by voluntarily performing certain acts with the intention to relinquish U.S. nationality, including renunciation.[2]
1. Revocation of Naturalization
A person may lose U.S. citizenship by having their naturalization revoked through a civil proceeding[3] or following a criminal conviction for obtaining naturalization unlawfully.[4] Revocation is completed after a final order is entered in a civil or criminal judicial proceeding.[5]
2. Loss of Nationality
Under certain conditions, a U.S. citizen may voluntarily renounce or relinquish U.S. citizenship.[6] The process for voluntarily renouncing citizenship varies depending on whether the person is outside of the United States or within the United States (also referred to as “domestic renunciation”). The U.S. Department of State (DOS) considers renunciation requests involving U.S. citizens who are outside the United States.[7]
In addition, a U.S. citizen may lose U.S. citizenship by committing or performing certain acts with the intent of relinquishing or renouncing U.S. citizenship.[8]
B. Background
1. Revocation of Naturalization
In 1906, Congress adopted the Naturalization Act, which provided, “that it shall be the duty of the United States district attorneys for the respective districts, upon affidavit showing good cause therefore, to institute proceedings in any court having jurisdiction to naturalize aliens in the judicial district in which the naturalized citizen may reside at the time of bringing the suit, for the purpose of setting aside and canceling the certificate of citizenship on the ground of fraud or on the ground that such certificate of citizenship was illegally procured.”[9] A similar provision continues to exist in the Immigration and Nationality Act (INA) at INA 340(a).
In 1996, the former Immigration and Naturalization Service (INS) promulgated new regulations that permitted the INS to reopen naturalization proceedings and administratively revoke naturalization under certain circumstances.[10] These regulations were invalidated on July 20, 2000, by the Ninth Circuit Court of Appeals in a nationwide class action lawsuit, based on a finding that former INS had no statutory authority to administratively revoke naturalization.[11] The regulations have since been repealed.[12]
2. Loss of Nationality
Specific statutory grounds for loss of citizenship by native-born or naturalized citizens (“expatriation”) were first codified in the Expatriation Act of 1907.[13] The Nationality Act of 1940[14] introduced additional grounds for loss of U.S. citizenship, most of which were later codified in the Immigration and Nationality Act (INA) of 1952.[15]
Congress has since amended the INA to ensure consistency with rulings by the Supreme Court of the United States on expatriation, including the Supreme Court’s holding that an expatriating act must be performed voluntarily and with the specific intent to relinquish U.S. citizenship.[16]
Before World War II, there was no statutory provision permitting voluntary renunciation of U.S. citizenship within the United States. In 1944, Congress enacted the law providing for domestic renunciation of U.S. citizenship during wartime.[17] Although Congress passed a joint resolution on July 25, 1947, repealing “certain emergency war powers,” including the domestic renunciation provision,[18] domestic renunciation was reintroduced and included in the INA, as enacted in 1952.[19]
C. Legal Authorities
- INA 340; 8 CFR 340 – Revocation of naturalization
- INA 342; 8 CFR 342 – Cancellation of certificates
- INA 349 – Loss of nationality by native-born or naturalized citizen
Footnotes
[^ 1] See INA 340(a).
[^ 4] See INA 340(e). See 18 U.S.C. 1425.
[^ 5] See INA 340(a) and INA 340(e).
[^ 7] See INA 349(a)(1)-(5). See 7 FAM 1200, Loss and Restoration of U.S. Citizenship. Under limited circumstances, USCIS may consider renunciation requests from U.S. citizens who are within the United States. See INA 349(a)(6).
[^ 9] See Section 15 of the Naturalization Act, Pub. L. 59-338 (PDF), 34 Stat. 596, 601 (June 29, 1906).
[^ 10] See former 8 CFR 340.1 (Oct. 28, 1996).
[^ 11] See Gorbach v. Reno, 219 F.3d 1087 (9th Cir. 2000).
[^ 12] See Immigration Benefits Business Transformation, Increment I, 76 FR 53804 (PDF) (Aug. 29, 2011).
[^ 13] See Pub. L. 59-193 (PDF), 34 Stat. 1228 (March 2, 1907).
[^ 14] See Sections 401-410 of the Nationality Act of 1940, Pub. L. 76-853 (PDF), 54 Stat. 1137, 1168-1171 (October 14, 1940).
[^ 15] See Title III, Chapter 3 of the INA, Pub. L. 82-414 (PDF), 66 Stat. 163, 267 (June 27, 1952) (addressing loss of nationality).
[^ 16] See INA 349(a). See Pub. L. 99-653 (PDF) (November 14, 1986). See Vance v. Terrazas, 444 U.S. 252, 261 (1980).
[^ 17] See Pub. L. 78-368 (PDF), 58 Stat. 677 (July 1, 1944). See INA 349(a)(6).
[^ 18] See Pub. L. 80-239 (PDF), 61 Stat. 449, 454 (July 25, 1947).
[^ 19] There is no legislative history explaining the reintroduction of domestic renunciation in the INA.
Resources
INA 340(f), 8 CFR 340 - Cancellation of certificate after revocation of naturalization
INA 349 - Loss of nationality by native-born or naturalized U.S. citizen
Appendices
Before October 29, 2019, USCIS considered children of members of the U.S. armed forces or U.S. government employees, who were stationed outside of the United States, to meet the requirement of “is residing in” the United States for the purpose of acquiring citizenship under INA 320.[1] This interpretation was consistent with the definition of “residence” for purposes of naturalization under INA 316.[2] Based on this treatment of U.S. government employees and their children in the context of naturalization under INA 316, USCIS determined that “residing in the United States” for purposes of acquisition of citizenship under INA 320 should likewise be interpreted to include children of U.S. military and government employees stationed outside of the United States who were residing with their parents.[3]
This interpretation, however, was inconsistent with other provisions of the Immigration and Nationality Act (INA), including the definition of “residence” at INA 101(a)(33) and language in INA 322(a) and INA 322(d), which suggested that the citizenship of military children residing outside of the United States should be considered under that provision rather than under INA 320. Effective October 29, 2019, USCIS amended its policy guidance to address these concerns, and determined that children of members of the U.S. armed forces or U.S. government employees stationed outside of the United States would not be eligible for citizenship acquisition under INA 320.[4]
On March 26, 2020, the Citizenship for Children of Military Members and Civil Servants Act was enacted,[5] amending INA 320, so that a child residing with his or her U.S. citizen parent, who is stationed outside of the United States as a member of the U.S. armed forces or a U.S. government employee, or is residing in marital union with a member of the U.S. armed forces or a U.S. government employee who is stationed outside of the United States, acquires citizenship under INA 320 if all requirements of INA 320(c) and INA 320(a)(1)-(2) are met. In line with the statute, USCIS rescinds its previous guidance, clarifying that these children are eligible to acquire citizenship under INA 320 if all other requirements under INA 320 are met.
The amendment to INA 320 applies to children who were under the age of 18 on March 26, 2020.
Footnotes
[^ 1] Even though the child of a member of the U.S. armed forces or U.S. government employee stationed outside of the United States may be eligible to apply for a Certificate of Citizenship under INA 322 since he or she resides outside of the United States, USCIS interpreted the child to meet residency requirements under INA 320 as well, which formerly required the child to be residing in the United States with his or her parent to acquire citizenship.
[^ 2] For example, U.S. government employees, including members of the U.S. armed forces, are eligible to apply for an exception to the continuous residence requirement for naturalization under INA 316 as long as their residency outside of the United States was on behalf of the U.S. government. See INA 316(b). See INA 316(a). See Part D, General Naturalization Requirements, Chapter 3, Continuous Residence [12 USCIS-PM D.3].
[^ 3] See Policy Manual Technical Update, Child Citizenship Act and Children of U.S. Government Employees Residing Abroad (July 20, 2015); and Acquisition of Citizenship by Children of U.S. Military and Government Employees Stationed Abroad under Section 320 of the Immigration and Nationality Act (INA), No. 103, issued May 6, 2004.
[^ 4] See USCIS Policy Alert, Defining “Residence” in Statutory Provisions Related to Citizenship [PA-2019-05]. This Policy Alert has been superseded by Policy Manual updates to reflect changes made under Pub. L. 116-133 (PDF).
[^ 5] See Pub. L. 116-133 (PDF) (March 26, 2020).
Updates
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on referring cases for revocation of naturalization (commonly referred to as “denaturalization”) under section 340 of the Immigration and Nationality Act (INA).
This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole
4 USCIS-PM - Volume 4 - Refugees and Asylees
5 USCIS-PM - Volume 5 - Adoptions
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
1 USCIS-PM - Volume 1 - General Policies and Procedures
2 USCIS-PM - Volume 2 - Nonimmigrants
6 USCIS-PM - Volume 6 - Immigrants
7 USCIS-PM - Volume 7 - Adjustment of Status
8 USCIS-PM - Volume 8 - Admissibility
9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief
10 USCIS-PM - Volume 10 - Employment Authorization
USCIS is issuing updated and comprehensive citizenship and naturalization policy guidance in the new USCIS Policy Manual.
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