Legal Question in Immigration Law in California
Can US Citizenship be taken away
My husband was granted his citizenship in May 1986. He was processed in Los Angeles by the Clerk and his petition for Naturalization was filed, stamped and completed. In October 1986 he was arrested and later convicted in 1987 for an Arms export violation. Can the immigration service cancel his citizenship? No hearing or court notification occurred regarding the forfeit of his US citizenship, yet when he was released the US deported him?
2 Answers from Attorneys
Re: Can US Citizenship be taken away
Your question is quite unclear. You state "yet when he was released the US deported him?" The question mark makes it unclear whether you asking if they can do this or are you saying they ALREADY deported him. Please clarify. Also, did he really become a naturalized a citizen in May 1986? Does he have the Certificate of Naturalization? That is the real proof. A petition that was "filed, stamped and completed" does not tell me much. That could have just been the application for naturalization that was never approved or finalized which means that he never became naturalized (became a citizen).
U.S. citizens cannot be deported for a crime like arms export violation, as you state. They only get their citizenship revoked when they commit crimes such as treason or overthrowing the U.S. government, or if they take positive steps to renounce their citizenship. If he is actually still only a green-card holder, then yes, they would initiate removal proceedings against him after release from prison. Also, why such a long period of time (1987 conviction) to ask this question? Has he been in prison since?
Larry L. Doan, Esq.
(Straight-talk on Immigration Law at www.GuruImmigration.com)
Re: Can US Citizenship be taken away
Your matter is complex and you should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.
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