As of October 21, 2026, USCIS is working under new guidance on denaturalization: policy alert PA-2026-13, issued September 14, 2026, rewrote the Policy Manual chapter on when the agency refers a naturalized citizen for revocation of citizenship and which cases go first (USCIS, PA-2026-13). The grounds for denaturalization in 2026 are the same as before, and USCIS still cannot take away citizenship on its own. Revocation requires a final order from a federal court in a civil or criminal case (USCIS Policy Manual, 12 USCIS-PM L.1).
What has changed is emphasis. The new guidance spells out a long priority list, describes how officers spot cases (including automated screening), and confirms that petitions filed by a denaturalized person get reviewed afterward (USCIS Policy Manual, 12 USCIS-PM L.2). It arrives alongside a sharp rise in Justice Department filings (DOJ, October 5, 2026).
- USCIS issued policy alert PA-2026-13, Revocation of Naturalization Referrals, on September 14, 2026, effective immediately.
- PA-2026-13 rewrote Volume 12, Part L of the USCIS Policy Manual, now titled Loss of U.S. Nationality and Revocation of Naturalization.
- USCIS says the update does not change the circumstances under which a naturalized citizen is subject to revocation.
- Revocation requires a final order in a federal civil or criminal court case; USCIS cannot revoke citizenship administratively.
- Civil denaturalization has no statute of limitations; criminal denaturalization has a 10-year limit.
- The government's civil burden is clear, convincing, and unequivocal evidence; the criminal burden is proof beyond a reasonable doubt.
- On October 5, 2026, the Justice Department announced denaturalization complaints against 40 people filed between August 21 and October 2, 2026.
What did USCIS change in PA-2026-13?
PA-2026-13, titled "Revocation of Naturalization Referrals," took effect immediately on September 14, 2026 (USCIS, PA-2026-13). It renamed Volume 12, Part L of the Policy Manual from "Revocation of Naturalization" to "Loss of U.S. Nationality and Revocation of Naturalization," rewrote Chapters 1 and 2 in full, moved the old Chapter 3 on the effects of revocation into Chapter 2, and reserved Chapter 3 (USCIS, PA-2026-13).
Among its policy highlights, the guidance affirms that for any pending or future petition or application associated with a US citizen, USCIS determines whether the petitioner lawfully obtained citizenship, and that after a person is denaturalized, USCIS may review forms that person filed for beneficiaries (USCIS, PA-2026-13).
USCIS ties the update to Executive Order 14161, Protecting the United States From Foreign Terrorist and Other National Security and Public Safety Threats, and to Executive Order 14148, which revoked Executive Order 14012 (USCIS, PA-2026-13). It is explicit that the substance of who can be denaturalized is unchanged:
"The updated guidance does not otherwise change the existing guidance describing the circumstances under which a naturalized citizen is subject to revocation." USCIS, Policy Alert PA-2026-13 (September 14, 2026)
USCIS took public feedback on the update from September 14 to September 25, 2026, later extended to October 14, 2026 (USCIS, Policy Manual Feedback).
Can USCIS take away your citizenship?
No. USCIS investigates and refers; courts decide. The Policy Manual says a person may lose citizenship by having naturalization revoked through a civil proceeding or following a criminal conviction for obtaining naturalization unlawfully (12 USCIS-PM L.1):
"Revocation is completed after a final order is entered in a civil or criminal judicial proceeding." USCIS Policy Manual, 12 USCIS-PM L.1(A)(1)
The Policy Manual also records that regulations letting the former INS administratively revoke naturalization were invalidated by the Ninth Circuit on July 20, 2000, on the finding that INS had no statutory authority to do so, and were later repealed (12 USCIS-PM L.1).
The two court routes differ. In a civil case, the Justice Department files in federal district court and must prove its case by "clear, convincing, and unequivocal evidence which does not leave the issue in doubt" (12 USCIS-PM L.2(A)). In a criminal case, the US Attorney's Office files charges and must prove guilt beyond a reasonable doubt (12 USCIS-PM L.2(A)). A conviction under 18 U.S.C. 1425 for knowingly procuring naturalization unlawfully requires the court to revoke the naturalization order (8 U.S.C. 1451(e)).
Timing matters. Civil revocation "may occur at any point" after naturalization because there is no statute of limitations, while criminal denaturalization has a 10-year limit; criminal cases past that limit may be referred for civil denaturalization (12 USCIS-PM L.2(C)).
What are the grounds for revocation of naturalization?
The statute allows revocation where naturalization was "illegally procured" or "procured by concealment of a material fact or by willful misrepresentation" (8 U.S.C. 1451(a)). The Policy Manual breaks this into four grounds (12 USCIS-PM L.2(B)):
- Illegal procurement. The person was not eligible when naturalized, for example on residence, physical presence, lawful admission for permanent residence, or good moral character.
- Concealment of a material fact or willful misrepresentation. This includes omissions as well as false statements, on the application, at the interview, or in supporting documents. A fact is material if it had a tendency to affect the decision; it need not have been disqualifying.
- Membership or affiliation with an organization that would bar naturalization under INA 313, within 5 years after naturalizing.
- Other than honorable military discharge before 5 years of honorable service, for those naturalized through military service on or after November 23, 2003.
Two points in the guidance cut in opposite directions. Illegal procurement does not require bad intent:
"Discovery that a person failed to comply with any of the requirements for naturalization at the time the person became a U.S. citizen renders his or her naturalization illegally procured. This applies even if the person is innocent of any willful deception or misrepresentation." USCIS Policy Manual, 12 USCIS-PM L.2(B)(1)
But the test looks back to the time of naturalization, not to later conduct:
"It is important to note that the government generally cannot initiate revocation of naturalization proceedings against an individual who was eligible for naturalization when it was granted but committed crimes after naturalization." USCIS Policy Manual, 12 USCIS-PM L.2(B)
For employment-based immigrants, the lawful permanent residence requirement is the one to understand. If the green card itself was not lawfully obtained, naturalization built on it can be treated as illegally procured; the Policy Manual cites a case where a person's permanent residence came as a derivative of someone who obtained status by bribing an INS official (12 USCIS-PM L.2(C)(4)). Our guide to what a misrepresentation in an immigration petition actually costs covers the earlier stages.
Which cases does USCIS prioritize for denaturalization in 2026?
USCIS says it prioritizes referral to ICE of the following kinds of cases, among others (12 USCIS-PM L.2(C)(2)):
- National security cases, including a nexus to terrorism, espionage, or unlawful export of sensitive goods, technology or information
- Egregious public safety cases and cases identified through INTERPOL hits
- Torture, war crimes and other human rights violations
- Furthering criminal gangs, transnational criminal organizations or drug cartels
- Felonies not disclosed during the naturalization process
- Human trafficking, sex offenses or violent crimes
- Financial fraud against the United States, including PPP loan fraud and Medicaid/Medicare fraud, and fraud against private individuals, funds or corporations
- Naturalization acquired through government corruption, fraud or material misrepresentations
- False identity, false claims to US citizenship, unlawful voting before naturalization, and marriage fraud
Much of this list tracks the Justice Department. On June 11, 2025, Assistant Attorney General Brett A. Shumate issued a Civil Division memo with ten denaturalization priority categories, including national security, human rights violations, gangs and cartels, undisclosed felonies, financial fraud and material misrepresentations (DOJ Civil Division, Enforcement Priorities memo). That memo states:
"The Civil Division shall prioritize and maximally pursue denaturalization proceedings in all cases permitted by law and supported by the evidence." DOJ Civil Division, Civil Division Enforcement Priorities (June 11, 2025)
The memo also says its categories do not limit the Division from pursuing any particular case (DOJ Civil Division memo).
How does a case get from USCIS to court?
The Policy Manual says USCIS may identify potential cases through an officer's case review, including review of an A-File and filings such as Form I-130 or Form N-600; automated enhanced screening tools aimed at fraud, national security and public safety concerns; a USCIS headquarters or DHS review; or a request from another agency such as the State Department (12 USCIS-PM L.2(C)(1)).
An officer who finds a case that appears to meet a ground consults a supervisor and the Office of Chief Counsel, and may send it to the Fraud Detection and National Security Directorate. If the case meets the evidentiary threshold, it may be referred to ICE; if ICE declines, USCIS may refer it directly to the Justice Department's Office of Immigration Litigation when the case meets the Justice Department's prioritization guidelines (12 USCIS-PM L.2(C)).
There is a narrow safety valve. USCIS may consider prosecutorial discretion, under very limited circumstances, where it inadvertently approved naturalization before the person met the required residence or physical presence periods, the person was otherwise eligible, and no other ground exists (12 USCIS-PM L.2(C)(4)). The residence and presence rules are covered in our post on moving from an employment green card to citizenship.
Reporting suggests referral volume is meant to rise. On December 17, 2025, Reuters, citing a New York Times report on internal USCIS guidance, said field offices were asked to supply the Office of Immigration Litigation with 100 to 200 denaturalization cases per month in fiscal year 2026 (Reuters via Yahoo News). The figure comes from press reporting on internal guidance, not a published USCIS document, so treat it as reported, not confirmed.
What happens to family members and petitions after denaturalization?
Revocation is effective as of the original date of naturalization, and the person returns to the immigration status held before becoming a citizen (12 USCIS-PM L.2(D)). USCIS then notifies ICE, the State Department and other agencies, and reviews filings the person made for others (12 USCIS-PM L.2(D)(2)):
"USCIS then reviews any pending or previously approved forms filed on behalf of any alien beneficiary by the denaturalized person to assess whether the alien beneficiary is eligible or was eligible for the benefit..." USCIS Policy Manual, 12 USCIS-PM L.2(D)(2)
That review can end in denial, revocation, termination or rescission of the benefit (12 USCIS-PM L.2(D)(2)). USCIS can revisit other approvals too, as our guide on what can revoke an approved I-140 explains.
For a spouse or child who became a citizen through the denaturalized person, the effect of a civil revocation depends on the ground (12 USCIS-PM L.2(E)):
| Ground for the parent's or spouse's revocation | Is the derivative's citizenship lost? |
|---|---|
| Concealment of a material fact or willful misrepresentation | Yes, wherever they live |
| Membership in certain organizations | Yes, if living outside the US at the time |
| Other than honorable military separation | Yes, if living outside the US at the time |
| Illegal procurement | No |
For criminal denaturalization, the effect on spouses and children is generally set by the court's order or a settlement agreement (12 USCIS-PM L.2(E)).
Where do things stand on October 21, 2026?
| Item | Document | Status |
|---|---|---|
| USCIS referral and priority guidance | PA-2026-13, 12 USCIS-PM L | In effect since September 14, 2026 |
| Public feedback on PA-2026-13 | USCIS Policy Manual feedback page | Closed October 14, 2026 (extended from September 25) |
| DOJ denaturalization priorities | Civil Division memo | Issued June 11, 2025 |
| 100 to 200 referrals a month target | Internal USCIS guidance (reported by the New York Times and Reuters) | Reported only |
| 40 new DOJ complaints | DOJ release, October 5, 2026 | Filed; allegations pending in court |
The filing pace is real. On June 8, 2026, the Justice Department announced denaturalization actions against 17 people (DOJ, June 8, 2026). On October 5, 2026, it announced complaints against 40 people filed between August 21 and October 2, 2026, which Attorney General Todd Blanche called "the largest denaturalization effort in modern history" (DOJ, October 5, 2026). Two of those complaints, filed September 23, 2026 in the Eastern District of Virginia, allege H-1B visa fraud before naturalization (DOJ, October 5, 2026). The department notes that the claims are allegations only and there has been no determination of liability (DOJ, October 5, 2026).
For scale, TIME, citing the Migration Policy Institute, reported an average of 11 denaturalization cases filed per year from 1990 to 2017 (TIME, October 6, 2026).
What this means for you
For naturalized citizens who were eligible and answered truthfully, the legal exposure has not changed: the grounds are the same, the burden on the government is high, and only a court can revoke. What has changed is the likelihood that an old file gets a second look when you file something new. The guidance says USCIS checks whether a petitioner lawfully obtained citizenship on any pending or future filing associated with a US citizen (USCIS, PA-2026-13), so an I-130 for a parent or spouse can be the moment your naturalization record is reviewed.
If you are still on the road to citizenship, the practical lesson is about accuracy at every step, from the H-1B and I-140 through the I-485 and the N-400.
- Get copies of your prior filings, including your N-400 and green card application, and check them against your actual history
- Confirm every arrest, citation or charge was disclosed, even if dismissed
- Check your continuous residence and physical presence dates before you file the N-400, not after
- Make sure the employment described in past H-1B and green card petitions matches what you actually did
- Raise anything that looks inconsistent with your attorney before you file anything new
Where to start
If you are planning an employment-based green card and the citizenship that may follow, start with our free evaluation at /evaluate/ to see which routes fit your profile. Frank, our AI assistant at /frank, can help find real opportunities for criteria you are missing. Petitions are reviewed and filed by our partner law firm, Lai & Turner, so the record you build is accurate from the first filing.
Sources
All checked October 21, 2026.
- USCIS Policy Alert PA-2026-13, Revocation of Naturalization Referrals (September 14, 2026). Issue date, effective date, policy highlights, summary of changes, unchanged grounds.
- USCIS Policy Manual, Volume 12, Part L, Chapter 1, Purpose and Background (current as of October 2, 2026). Revocation requires a final court order; history of invalidated administrative revocation.
- USCIS Policy Manual, Volume 12, Part L, Chapter 2, Revocation of Naturalization (current as of October 2, 2026). Burdens of proof, grounds, statute of limitations, identification, priorities, referral process, effects on beneficiaries and family.
- 8 U.S.C. 1451, Revocation of naturalization (govinfo). Statutory grounds and revocation after conviction under 18 U.S.C. 1425.
- DOJ Civil Division, Civil Division Enforcement Priorities memo (June 11, 2025). Denaturalization priority categories and "maximally pursue" directive.
- DOJ press release, 17 denaturalization actions (June 8, 2026). June filings.
- DOJ press release, 40 denaturalization actions (October 5, 2026). Filing window, Blanche quote, H-1B fraud complaints, allegations-only notice.
- USCIS, Policy Manual Feedback. Feedback window for Revocation of Naturalization Referrals, extended to October 14, 2026.
- Reuters via Yahoo News, Trump administration seeks to ramp up denaturalization (December 17, 2025). Reported 100 to 200 cases per month target.
- TIME, Trump Administration Mounts 'Largest Denaturalization Effort in Modern History' (October 6, 2026). Historical average cited from the Migration Policy Institute.
Frequently asked questions
Can USCIS take away my citizenship?
No. USCIS can identify a case and refer it to ICE or the Justice Department, but revocation of naturalization only happens through a federal court. The USCIS Policy Manual says revocation is completed after a final order is entered in a civil or criminal judicial proceeding. A Ninth Circuit ruling in 2000 found the former INS had no statutory authority to revoke naturalization administratively, and those regulations were later repealed.
What is PA-2026-13?
PA-2026-13 is a USCIS policy alert titled Revocation of Naturalization Referrals, issued September 14, 2026 and effective immediately. It rewrote Volume 12, Part L of the USCIS Policy Manual to explain the burden of proof, the grounds for referral, how cases are identified, and which cases USCIS prioritizes for referral. USCIS says it does not change the circumstances under which a naturalized citizen is subject to revocation.
Can I lose citizenship for a crime committed after I naturalized?
Generally not on that basis alone. The USCIS Policy Manual says the government generally cannot start revocation proceedings against someone who was eligible when naturalization was granted but committed crimes afterward. Revocation turns on whether naturalization was illegally procured or obtained by concealing or misrepresenting a material fact, measured at the time you naturalized. Conduct before naturalization that was not disclosed is a different matter.
Is there a time limit on denaturalization?
For civil cases, no. The USCIS Policy Manual says civil revocation may occur at any point after a person naturalizes because there is no statute of limitations. Criminal denaturalization under 18 U.S.C. 1425 has a 10-year statute of limitations, but the Policy Manual says criminal cases past that limit may be referred for civil denaturalization instead.
What happens to my family if my naturalization is revoked?
USCIS reviews pending and previously approved petitions you filed for relatives, such as Form I-130, and may deny or revoke them. A spouse or child who became a citizen through you may also lose citizenship, depending on the ground: concealment or willful misrepresentation causes loss regardless of residence, while illegal procurement does not. Your attorney should assess how this applies to a specific family.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
