When Can U.S. Citizenship Be Revoked? The Legal Significance of Birthplace in the Diversity Visa Program
Bashu D. Phulara, Esq., an immigration attorney in Times Square, NYC. Photo by Rajan Kafle for NepYork.
U.S. citizenship is granted on the understanding that applicants provide truthful information. When questions arise about the accuracy of those statements, federal law provides a process for investigating potential misrepresentation and, in certain circumstances, revoking citizenship.
The Legal Framework: How Denaturalization Works
The federal government can seek to revoke the citizenship of a naturalized American through a legal process known as denaturalization. The final decision rests with the courts.
The Supreme Court has described citizenship as a highly valued right and established a demanding standard of proof for the government in civil denaturalization cases. The government generally must establish its case with clear, unequivocal and convincing evidence. At the same time, federal law requires that citizenship be obtained by meeting all applicable legal requirements and providing truthful information.
In June 2025, the Justice Department made denaturalization cases one of its five major civil enforcement priorities.
Why Birthplace Matters: Eligibility for the Diversity Visa Program
Under Section 203(c) of the Immigration and Nationality Act, codified at 8 U.S.C. § 1153(c), the Diversity Visa program is generally available to individuals born in countries that have sent relatively few immigrants to the United States over the preceding five years.
Applicants must meet several requirements.
Birth in an Eligible Country
Eligibility is generally determined by an applicant’s country of birth, not by citizenship or current residence.
According to the U.S. Department of State’s official instructions, Nepal was among the eligible countries for both the DV-2016 and DV-2017 programs, while India was not. As a result, a Nepali citizen born in India generally would not qualify for the program on the basis of Nepal’s eligibility.
Education or Work Experience
Applicants must have completed at least a U.S. high school education or its equivalent. Alternatively, they must have at least two years of work experience within the previous five years in an occupation requiring at least two years of training or experience.
Selection and Timely Visa Issuance
Applicants must be selected through the Diversity Visa lottery and receive their visas by Sept. 30 of the relevant fiscal year.
Admissibility to the United States
Under Section 212(a)(6)(C)(i) of the Immigration and Nationality Act, a person who obtains a visa or another immigration benefit through fraud or by willfully misrepresenting a material fact may be deemed inadmissible to the United States.
The law also provides limited exceptions to the country-of-birth requirement under Section 202(b) of the Immigration and Nationality Act, codified at 8 U.S.C. § 1152(b).
One exception applies when an applicant’s spouse was born in an eligible country, provided both spouses are included in the same Diversity Visa application and enter the United States together.
Another applies when neither parent was born in the applicant’s country of birth and neither parent was residing there when the applicant was born.
Even when an exception applies, applicants must disclose their actual place of birth. They may, however, claim another country for purposes of determining Diversity Visa eligibility.
The Legal Grounds for Revoking Citizenship
Under 8 U.S.C. § 1451 and relevant Supreme Court decisions, the government may pursue denaturalization if it establishes that citizenship was obtained unlawfully or through material misrepresentations.
Several legal grounds may apply.
Citizenship Obtained Without Legal Eligibility
Applicants for naturalization must satisfy all applicable legal requirements. If the permanent residency on which their citizenship was based was obtained unlawfully, their eligibility for naturalization may also be called into question.
For example, if a person obtained a green card through the Diversity Visa program despite not meeting its country-of-birth requirements, the legality of the subsequent naturalization could be challenged.
Willful Misrepresentation or Concealment of Material Facts
Knowingly providing false information about a birthplace or concealing a material fact that could affect an immigration decision may provide grounds for denaturalization.
In Kungys v. United States (1988), the Supreme Court held that a false statement about birthplace is not automatically a material misrepresentation.
However, birthplace can be material when it directly affects eligibility for an immigration benefit or when accurate information would have revealed other facts relevant to that eligibility.
In the Diversity Visa context, birthplace can be particularly significant because it generally determines the country through which an applicant qualifies.
False Statements Under Oath
Knowingly providing false information under oath during a naturalization interview may create an additional legal basis for challenging citizenship.
The Supreme Court’s decision in Kungys also addressed false oral statements made under oath to obtain an immigration benefit. Such statements may have legal consequences even when the government cannot establish that they directly changed the outcome of the application.
Criminal Prosecution
The government may also bring criminal charges for unlawfully procuring naturalization under 18 U.S.C. § 1425.
A conviction under this statute generally requires proof that the unlawful conduct played a role in obtaining citizenship. Under the Supreme Court’s decision in Maslenjak v. United States (2017), prosecutors must establish a connection between the false statement and the naturalization process.
A conviction can require the court to revoke citizenship under the applicable statutory provisions.
Federal law provides other grounds for denaturalization as well. These include certain circumstances involving individuals who obtained citizenship through military service but separated from the armed forces under less than honorable conditions before completing the required period of honorable service. Denaturalization may also be pursued in certain cases involving membership in specified organizations within five years of naturalization.
How the Process Works
Investigation
U.S. Citizenship and Immigration Services may examine an individual’s Diversity Visa application, visa records, green card documentation, naturalization application, citizenship interview records and military service history.
Birth certificates and other official documents may also be reviewed. If further legal action is warranted, the matter may be referred to the Justice Department.
Civil Denaturalization Proceedings
The government may file a civil denaturalization lawsuit in federal district court, generally in the district where the individual resides.
The defendant is typically given 60 days to respond. A judge, rather than a jury, decides the case. Civil denaturalization proceedings generally are not subject to a statute of limitations.
The government must meet the demanding evidentiary standard established for civil denaturalization cases.
Criminal Proceedings
Federal prosecutors may separately pursue criminal charges involving the unlawful procurement of naturalization.
In criminal cases, prosecutors must prove the charges beyond a reasonable doubt. Under 18 U.S.C. § 3291, the statute of limitations for certain naturalization-related offenses is generally 10 years after the commission of the offense.
What Happens After Citizenship Is Revoked?
If a court revokes a person’s naturalization, the citizenship is treated as invalid from the date it was granted, and the certificate of naturalization may be canceled.
The individual generally returns to the immigration status held before naturalization. If the underlying permanent residency was also obtained unlawfully, that status may be subject to termination.
The government may then initiate separate immigration proceedings that could result in removal from the United States.
Under U.S. immigration law, a murder conviction can qualify as an aggravated felony, potentially making a noncitizen removable. The consequences depend on the specific conviction and applicable immigration provisions.
Removal proceedings involving people serving prison sentences are generally subject to restrictions, although federal law provides certain exceptions.
The Bottom Line: Truthful Disclosures Matter
False information in a Diversity Visa application can have consequences extending beyond the initial visa process.
If the government establishes that an applicant was not legally eligible for the program because of the country-of-birth requirement, the permanent residency obtained through that process and any subsequent naturalization may come under scrutiny.
Knowingly concealing material information or making false statements under oath can create additional legal grounds for action.
But a discrepancy in an application or an inconsistency in official records does not automatically result in the loss of citizenship. The government must establish its claims through the appropriate legal process, and the final decision rests with the court.
Denaturalization proceedings can take months or years. Federal law, however, provides a framework for investigating whether citizenship was obtained through fraud, material misrepresentation or a failure to meet statutory requirements.
To the thousands of Nepali immigrants who have built their lives in the United States through hard work and respect for the law, the message is straightforward: Your rights matter, and the law protects them.
Applicants should provide accurate information in immigration applications and ensure that details about their birthplace, education, marital status and other material facts are consistent with official records.
Disclaimer: This article does not constitute individual legal advice. Individuals facing questions about their immigration status should consult a qualified U.S. immigration attorney.