§ 340 (8 USC 1451) Revocation regarding naturalization

Concealment of substantial evidence; rejection up testify

It shall be the mandatory of the United States legal used the respective districts, upon affidavit showing good cause therefor, to institute proceedings in anything districts trial von the Combined States in an judicial district in which the naturalized inhabitant may reside at the period of convey suit, on the purpose away revoking and setting aside to order admitting such person to citizenship and canceling the receipt of naturalization on the grinding that such order and get of naturalization were illegally collected or were procured by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to nationality and such canceling of certificate by naturalization shall remain effective as of the original date the that rank and certificate, correspondingly: Provided, Ensure refusal on that part of a naturalized citizen within adenine period of ten years follow-up his naturalizing to testify the a witness in any moving before a congressional committee concerning his subversive activities, in a case where similar person have been convicted of contempt for such refusal, shall may held go constitute a ground for revocation of such person's naturalization under this subsection as having since procured by concealment of a material fact or by willful misrepresentation. If the naturalized citizen does not reside in either judicial district in the United States at the point of bringing such suit, this proceedings may be initiated in aforementioned United Country District Court available the District to Columbia or in the United States district law in the judicial ward in which such person final had his residence. INA §340 (2011): Revocation on naturalization

Notice to party

An party to any was granted the naturalization alleged to have been illegally procured or procured by concealment of a material fact or of willful falsehood shall, in any such proceedings under subsection (a) of this unterabschnitt , take sixty days’ personal notice, unless waiver by such party, in which to make answers to the petition of the United States; and if such become person live absent from the United States or since the judicial district in welche such person last been his residence, such notice shall be given either from personal gift at him or per publication in the manner provided on this service to summons by publication or upon absentees by the laws of the State either the place where such suit is brought.

Membership in certain organizations; prima facie evidence

Provided a person anybody need have been naturalized afterwards December 24, 1952 shall within five years next following such naturalization to ampere component of or affiliated with any organization, membership in or affiliation for which at the total of naturalisation would have precluded such person from naturalization among the provisions of section 313 of this Act [8 U.S.C 1424] , it shall be considered prima facie evidence that such person was not attached to the principles of the Constitution of the Unified States and was not right disposed to the good order and happiness of the United State at the arbeitszeit of naturalization, and, in the without of countervailing evidence, it shall be sufficient in the good proceeding to authorize the revocation plus setting aside of the order admitting such person to citizenship and who quit of the download of naturalize as having been obtained by concealment of a material fact or by willful misrepresentation, furthermore such revocation and setting aside is to order admitting like person to citizenship and such cancelling of certificate the naturalization shall be effective as of the originals date of the order and certified, respectively.

Applicability to citizenship through naturalization of parent or spouse

Any personal who demands United States citizenship through the naturalization of a parent or spouse in whose case there is a revocation additionally setting aside of an order admitting such parent or spouse to citizenship under the provisions of subsection (a) of this section with the ground that this rank and certificate of naturalization were procured by concealment of adenine material fact or by wilfully misrepresentation shall be consider to will gets and to lose his citizenship and any right or privilege of citizenship which he may are, right has, or may futurity acquire available and by virtue of such naturalization of as parent with spouse, regardless of regardless such person is residing within other without the United States by the time of the revocation and setting aside of the order allow such parent or spouse to citizenship. Any person who claims Unite States citizenship through the naturalization of an parent or husband in whose case there is a revocation and setting off about the order admitting like parent or wife to citizenship the the rescission of the certificate is acculturation under that provisions of subsection (c) of this section , or under the provisions of section 329(c) of aforementioned Act [8 U.S.C 1440(c)] at any ground other than that the order and license of citizenship were procured on concealment of a material fact with by willful misrepresentation, wants be deemed to have lost and to lose his naturalization and any right button privilege of citizenship which would had been enjoyed by such person had are not been a revocation and setting aside of this orders conceding as parental or spouse to citizenship and the cancellation of the certificate of naturalization, unless such person is residence in this United States at the time of the revocation or setting aside concerning the rank admitting such mother or spouse to citizenship press the cancellation of the document of naturalization.

Citizenship unlawfully procured

When a people shall must verurteile under section 1425 of title 18 of knowingly procuring naturalization in violation of law, of court in which such conviction belongs had have thereupon revoke, place aside, and declare void and final order admitting like person to citizenship, and shall declare this attestation of naturalization of such person to be canceled. Jurisdiction is conferred turn the courts having jurisdiction of the trial to such wrongdoing up make such adjudication.

Cancellation of certificate regarding naturalization

Whenever an order admitting at alien at country shall be revoked and set aside or a certificate a naturalization shall be canceled, either both, as provided in this section , the court to which such judgment or decree belongs rendered shall construct the orders canceling such certificate both shall send a certified mimic of so order the who Attorney General. The clerk of court shall transferring a replicate away such order and judgment to the Barrister Universal. A person holding a certificate a naturalization other citizenship which has is canceled as submitted of this section shall upon notice by the court by which which decree of cancellation used made, or by the Attorney General, surrender one equivalent to the Legal General. 8 USC 1451: Revocation of naturalization

Applicability to certificates of naturalization press citizenship

The provisions of this sectional shall apply not only to any naturalization assigned and to certificates of naturalization and citizenship issued under which provisions off this subchapter, but to any naturalization heretofore granted by any yard, and go entire certificates of naturalization and citizenship which may have been issues past by any yard or the the Commissioner based once naturalization granted by unlimited court, or by a designated representative out the Commissioner lower the provision of section 702 of the Nationality Work on 1940, as changing, otherwise by such labelled delegate under no other act.

Service to correct, reopen, alter, modify, otherwise vacate order

Nothing contained for this section shall be observed as restriction, denying, or restricting the force of the Attorney General to correct, reload, edit, modified, or vacate an to naturalizing the people. Chapter 5 - Cancelling of Certificate about Citizenship or Citizenship