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§ 20703. Presumption that act is done voluntarily
An individual carrying out an act resulting in the loss of nationality
under this subchapter or any other law is presumed to have carried out the
act voluntarily. The presumption may be rebutted on a showing by a pre-
ponderance of the evidence that the act was not carried out voluntarily.
SUBCHAPTER II—REVOCATION OF NATURALIZATION
§ 20711. Application
This subchapter applies to any naturalization and certificate of natu-
ralization issued under this title or any other law.
§ 20712. Grounds
(a) GENERAL.—A court in which a civil action is brought under section
20713 of this title shall revoke the order of naturalization of an individual
as a citizen of the United States and cancel the individual’s certificate of
naturalization if the court decides—
(1) the order and certificate were obtained unlawfully, by conceal-
ment of a material fact, or by willful misrepresentation; or
(2) for an individual naturalized under section 20313 of this title,
the individual was discharged from the armed forces of the United
States other than honorably.
(b) REFUSAL TO TESTIFY BEFORE CONGRESSIONAL COMMITTEE.—The
refusal of an individual within 10 years after naturalization of the individual
to testify as a witness before a congressional committee about subversive ac-
tivities of the individual is concealment of a material fact or willful mis-
representation under subsection (a)(1) of this section if the individual is
convicted of contempt for the refusal.
(c) MEMBERSHIP IN, OR AFFILIATION WITH, CERTAIN ORGANIZA-
TIONS.—If an individual naturalized after December 24, 1952, became a
member of or affiliated with an organization within 5 years after naturaliza-
tion and the membership or affiliation at the time of naturalization would
have prevented the individual from being naturalized under section 20331
of this title, the membership or affiliation is prima facie evidence that the
individual was not attached to the principles of the Constitution and was
not well disposed to the good order and happiness of the United States at
the time of naturalization. If there is no contrary evidence, a court may act
under subsection (a)(1) of this section on the ground that the naturalization
was obtained by concealment of a material fact or by willful misrepresenta-
tion.
(d) ADJUSTMENT OF STATUS.—An individual is deemed to have obtained
naturalization by concealment of a material fact or by willful misrepresenta-
tion if—
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(1) the individual was naturalized as a citizen of the United States
based on a record of lawful admission for permanent residence made
as a result of an adjustment of the individual’s status;
(2) the individual was not eligible for the adjustment of status; and
(3) the Attorney General rescinds the adjustment of status under
section 9108(a) of this title.
(e) PROOF OF DISCHARGE FROM ARMED FORCES.—Discharge from the
armed forces of the United States other than honorably shall be proved by
a certification from the head of the executive agency under which the indi-
vidual served.
(f) COURTS TO REVOKE NATURALIZATION ORDERS WHEN NATURALIZA-
TION CONVICTIONS INVOLVED.—A court having jurisdiction to try a viola-
tion of section 1425 of title 18 has jurisdiction to revoke orders of natu-
ralization and cancel certificates of naturalization. A court in which an indi-
vidual is convicted of knowingly obtaining naturalization in violation of sec-
tion 1425 shall revoke the order of naturalization of the individual as a citi-
zen and cancel the certificate of naturalization of the individual.
§ 20713. Procedure
(a) BRINGING CIVIL ACTIONS TO REVOKE.—If grounds exist under sec-
tion 20712 of this title, the Attorney General shall bring a civil action to
revoke the order of naturalization of an individual as a citizen of the United
States and to cancel the certificate of naturalization. When bringing the ac-
tion, the Attorney General shall file an affidavit showing good cause.
(b) VENUE.—An action under this section shall be brought in a district
court of the United States for the judicial district in which the individual
resides. If the individual does not reside in a judicial district in the United
States, the action may be brought in the United States District Court for
the District of Columbia or the district in which the individual last resided.
(c) NOTICE AND ANSWER.—The individual shall be given personal notice
and, unless waived, 60 days to answer in an action brought under this sec-
tion. If the individual is absent from the United States or the judicial dis-
trict in which the individual last resided, notice shall be given by personal
service or by publication in the way provided for service by publication or
on absentees by the law of the State or place in which the action is brought.
(d) EFFECTIVE DATE OF REVOCATION AND CANCELLATION.—Revocation
and cancellation under this subchapter are effective from the date of the
naturalization order and certificate of naturalization.
§ 20714. Effect on automatic naturalization
An individual claiming citizenship of the United States through the natu-
ralization of a parent or spouse loses that citizenship when the order of nat-
348
uralization of the parent or spouse as a citizen is revoked and the certificate
of naturalization is canceled under—
(1) section 20712(a)(1) of this title because the order and certificate
were obtained by concealment of a material fact or by willful misrepre-
sentation;
(2) section 20712(a)(2) of this title on a ground other than that the
order and certificate were obtained by concealment of a material fact
or by willful misrepresentation, if the individual does not reside in the
United States when the order is revoked and the certificate is canceled;
or
(3) section 20712(c) of this title, if the individual does not reside in
the United States when the order is revoked and the certificate is can-
celed.
§ 20715. Cancellation of certificate of naturalization
(a) DUTIES OF COURT.—A court revoking an order of naturalization as
a citizen of the United States or canceling a certificate of naturalization,
or both, under this subchapter shall prepare an order canceling the certifi-
cate and send a certified copy to the Attorney General.
(b) SURRENDER OF CANCELED CERTIFICATE.—On notice by the court
canceling a certificate of naturalization or by the Attorney General, an indi-
vidual holding a canceled certificate of naturalization shall surrender it to
the Attorney General.
§ 20716. Authority not affected
This subchapter does not affect the authority of the Attorney General to
reopen, change, or vacate an order of naturalization of an individual as a
citizen of the United States.
SUBCHAPTER III—MISCELLANEOUS
§ 20731. Burden of proof
A person claiming that an individual has lost nationality of the United
States under this chapter or any other law has the burden of proving, by
a preponderance of the evidence, that the loss occurred.
CHAPTER 209—NATIONALITY DOCUMENTS
Sec.
20901.
Certificates of naturalization.
20902.
Certificates of citizenship.
20903.
Certificates of nationality.
20904.
Other documents to prove citizenship.
20905.
Cancellation of documents and records.
20906.
Certificates of loss of nationality.
20907.
Certifications of records.
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§ 20901. Certificates of naturalization
(a) ISSUANCE AND CONTENT.—The Attorney General shall issue a certifi-
cate of naturalization to an individual when the individual is naturalized as
a citizen of the United States. The certificate shall contain—
(1) the number of the individual’s application for naturalization;
(2) the number of the certificate;
(3) the individual’s name (as changed if a change of name is granted
by a court as part of the administration of the oath required for natu-
ralization);
(4) the individual’s signature;
(5) the individual’s place of residence;
(6) a signed photograph of the individual;
(7) a personal description of the individual, including age, sex, and
marital status;
(8) the individual’s prior nationality;
(9) a statement that the Attorney General, having decided that the
individual has satisfied the applicable provisions of this title, ordered
the individual naturalized as a citizen;
(10) the date of the naturalization;
(11) the location of the district office of the Immigration and Natu-
ralization Service in which the application was filed;
(12) the title, authority, and location of the official or court admin-
istering the oath required for naturalization; and
(13) the attestation of an immigration officer and the seal of the De-
partment of Justice.
(b) REPLACEMENT CERTIFICATES.—(1) On application to the Attorney
General, the Attorney General shall issue to a naturalized citizen—
(A) a new certificate of naturalization to replace a certificate that
the Attorney General finds is lost, destroyed, or mutilated, and if muti-
lated, is surrendered to the Attorney General; or
(B) a new certificate of naturalization with the citizen’s new name
when the Attorney General finds that the citizen’s name has been
changed by marriage or order of a court of competent jurisdiction after
naturalization.
(2) The Attorney General shall notify the court that naturalized the citi-
zen of the issuance of a new certificate under paragraph (1)(B) of this sub-
section.
(c) SPECIAL CERTIFICATES TO OBTAIN RECOGNITION
BY FOREIGN
COUNTRIES.—On application by a naturalized citizen to the Attorney Gen-
eral, the Attorney General shall issue for the citizen a special certificate of
naturalization to be used only to obtain recognition as a citizen of the Unit-