NATIONALLY RECOGNIZED FEDERAL LAWYERS
Can citizenship be revoked for fraud
|Thanks for visiting Spodek Law Group. If you’re reading this, you’re probably dealing with a denaturalization threat – or you’re worried that something from your citizenship application could come back years later. At Spodek Law Group, a second-generation law firm managed by Todd Spodek, we’ve spent over 40 years handling complex federal cases that others say are unwinnable. We’ve represented clients in high-profile matters, like the Anna Delvey Netflix series case, the Ghislaine Maxwell juror misconduct case, and Alec Baldwin’s stalking case. Immigration fraud and denaturalization carry permanent consequences – losing citizenship, deportation, criminal prosecution. If you’re facing this, you need someone who understands how the government builds fraud cases.
Yes, citizenship can be revoked for fraud – but only if the government proves you lied or concealed material facts during your naturalization process. The DOJ made denaturalization one of its top five enforcement priorities in 2025, which means the government is actively hunting for cases. The June 2025 DOJ memo says prosecutors should “maximally pursue denaturalization proceedings” for fraud against the government, including Medicaid fraud, PPP loan fraud, Medicare fraud, immigration fraud. If you got citizenship and later committed fraud – or if you committed fraud to get citizenship – you’re on their radar.
The legal standard is “clear, unequivocal, and convincing evidence” that you illegally procured citizenship, concealed material facts, or willfully misrepresented something during naturalization. The Supreme Court ruled in Maslenjak v. United States (2017) that the government must prove your false statement actually influenced the decision to grant you citizenship. Small omissions that didn’t matter don’t justify stripping citizenship. But that’s a nuanced legal defense, it doesn’t mean you’re safe if you lied about something “minor.”
What triggers denaturalization? Lying about criminal history is the big one – you said you were never arrested, but you were. You said you never committed a crime involving moral turpitude, but you did. You claimed good moral character, but you were involved in fraud, drug trafficking, terrorism. Concealing membership in organizations matters too – failing to disclose Communist Party affiliation, terrorist organizations, criminal gangs. Immigration violations you hid, like illegal entries, visa overstays, previous deportations. Marriage fraud is huge right now. If you married a U.S. citizen just to get a green card, then naturalized based on that fraudulent marriage, the government will denaturalize you.
People think denaturalization only happens to war criminals or terrorists. That used to be true – from 1990 to 2017, the government averaged 11 denaturalization cases per year. Then in 2017, the DOJ filed 30 cases, twice the number from 2016. By 2018, USCIS had selected 2,500 cases for possible denaturalization and referred 110 to DOJ for prosecution. In 2025, with denaturalization as a top-five DOJ priority, expect hundreds of cases annually.
Denaturalization is a civil proceeding, not criminal – but it often comes with criminal charges for naturalization fraud. ICE prosecutes immigration fraud as a felony punishable by up to 10 years in prison, and a conviction automatically revokes citizenship. So you’re facing two cases: a civil denaturalization lawsuit filed by DOJ and potentially a criminal indictment for fraud under 18 U.S.C. § 1425 (procuring citizenship illegally) or 18 U.S.C. § 1015 (making false statements). The criminal case can send you to prison. The civil case strips your citizenship and makes you deportable.
Can they denaturalize you for crimes committed after you became a citizen? No. The Supreme Court ruled in Afroyim v. Rusk (1967) that citizenship is a constitutional right Congress cannot take away absent voluntary renunciation or fraud in procurement. The government cannot strip citizenship based on post-naturalization conduct – only for fraud in how you obtained citizenship. But if you committed fraud to get citizenship, then committed more crimes afterward, the DOJ will use those later crimes as evidence that you lacked good moral character when you naturalized.
What happens in a denaturalization case? The government files a civil complaint in federal district court seeking to revoke your Certificate of Naturalization. You get served, you have to respond. Discovery begins – the government subpoenas your immigration file, criminal records, financial records, travel history, everything. They depose you, they interview people you know. If the government wins, the court enters a judgment revoking your citizenship. You revert to your prior immigration status – which is usually nothing, meaning you’re now unlawfully present and deportable. ICE can detain you and start removal proceedings immediately.
Can you fight it? Yes, but you need a defense strategy before the government files the lawsuit. If USCIS or DOJ contacts you about inconsistencies in your naturalization file, do not talk to them without a lawyer. Do not try to “explain” what happened. The government’s case depends on proving you knowingly made false statements with intent to obtain citizenship. If you didn’t know the statement was false, or if the false statement wasn’t material to your eligibility, you have a defense.
Materiality is the key. The Supreme Court in Maslenjak said the false statement must have had a natural tendency to influence the naturalization decision. If you lied about something that wouldn’t have disqualified you anyway, it’s not material. Example: you failed to disclose a 20-year-old misdemeanor shoplifting arrest. Would that have prevented naturalization? Probably not, especially if it was a petty offense more than five years before your application. But if you lied about a felony conviction, or a deportation order, or marriage fraud – those are clearly material.
Todd Spodek is a second-generation criminal defense attorney who’s handled hundreds of federal cases involving fraud, false statements, and immigration crimes. We know how DOJ builds these cases. If you’re at risk of denaturalization, we can evaluate your naturalization file, identify the government’s likely claims, and prepare a defense before they file the lawsuit. Sometimes we can negotiate with DOJ to avoid denaturalization – which sounds terrible, but it’s better than a denaturalization judgment that brands you as a fraud.
Denaturalization cases have no statute of limitations – the government can revoke your citizenship 30 years after you naturalized if they discover fraud. Most cases are brought within 10 years because that’s when evidence is still accessible. But don’t assume you’re safe just because time has passed. DOJ is using advanced data analytics to find old fraud cases.
At Spodek Law Group, we handle denaturalization defense for clients nationwide. Our criminal defense attorneys include former federal prosecutors who understand how the government evaluates these cases. We’ve represented clients in fraud allegations, false statements, and immigration violations – many of them cases others said were unwinnable. We’re available 24/7.
The consequences extend beyond losing citizenship. Denaturalization makes you deportable. If you’re deported, you’re likely barred from reentering for life. Your U.S. citizen children don’t lose their citizenship – but you won’t be here to raise them. Your job, your home, your life in the U.S. disappears.
If you’re worried about something in your citizenship application, don’t wait for the government to find it. Contact us. We’ll review your naturalization file, assess your risk, and advise you on options. Sometimes the best defense is proactive – addressing potential issues before DOJ opens an investigation. At Spodek Law Group, that’s what we do.