Criminal defense
Citizenship & Naturalization Fraud
Two federal crimes protect U.S. citizenship. One punishes a non-citizen who falsely claims to be a citizen. The other punishes getting naturalization or proof of citizenship unlawfully, for example through false answers in the naturalization process. For a naturalized citizen, a conviction for knowingly procuring naturalization unlawfully also means the court revokes the citizenship.
Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. He has defended people in tax fraud, bank fraud, wire fraud, drug-trafficking, and money-laundering cases. We defend the federal criminal charge; we do not appear in immigration court, and we coordinate with immigration counsel when needed. Our office answers 24 hours a day.
False Claim of Citizenship (18 U.S.C. § 911)
Falsely and willfully representing yourself to be a U.S. citizen is a federal crime punishable by a fine, up to 3 years in prison, or both.
What the government must prove (11th Cir. Pattern Instr. O32; see our Elements page):
- you were an alien at the time alleged in the indictment;
- you falsely claimed to be a citizen of the United States; and
- you made the false claim knowingly and willfully.
Unlawful Procurement of Citizenship or Naturalization (18 U.S.C. § 1425)
The statute has two parts, and the instruction covers both.
Section 1425(a) (O120; Elements page): you knowingly procured, or tried to procure, contrary to law, the naturalization of any person, or documentary or other evidence of naturalization or citizenship.
Section 1425(b) (O120): for yourself, or for another person not entitled to it, you knowingly issued, procured, obtained, applied for, or tried to obtain naturalization, citizenship, or a certificate or other evidence of citizenship; the person was not entitled to it; and you knew that.
When the government charges that the offense was committed to facilitate international terrorism or a drug-trafficking crime, the jury must also find that purpose.
Penalties
Section 911: up to 3 years.
Section 1425:
- 10 years for a first or second offense;
- 15 years for any other offense;
- 20 years if committed to facilitate a drug-trafficking crime; and
- 25 years if committed to facilitate international terrorism.
Loss of citizenship. Under 8 U.S.C. § 1451(e), when a person is convicted under § 1425 of knowingly procuring naturalization in violation of law, the court that enters the conviction must revoke the order admitting the person to citizenship and cancel the certificate of naturalization.
Common Situations
- Telling a government officer, or writing on an official form, that you are a U.S. citizen when you are not.
- Answers on a naturalization application or in the interview about past arrests, crimes, or other history.
- Helping someone else obtain citizenship papers they are not entitled to.
Defense Themes
- Knowledge and willfulness. Both crimes require knowing conduct, and § 911 requires a willful false claim. Some people honestly believe they are citizens.
- Alienage. For § 911, the government must prove you were not a citizen. Citizenship can come in more than one way, and it is worth checking.
- What was actually said or written. The exact question, the exact answer, and the language it was asked in matter.
- Entitlement. For § 1425(b), the government must prove the person was not entitled to citizenship and that you knew it.
- The stakes beyond prison. Because a § 1425 conviction can end in revocation, any plea needs careful analysis first.
What to Do First
- Do not answer agents' questions about your application or citizenship without a lawyer.
- Gather your documents: naturalization certificate, application copies, passports, and any court records.
- See Immigration Consequences and call us before any plea.
Why Choose Dennis Gonzalez Law, P.A.
- Former Miami-Dade prosecutor.
- Defending people since 2012 in state and federal court.
- Super Lawyers recognition and an Avvo Rating of 10.0.
- Bilingual office — se habla español.
- We answer 24 hours a day. Call (305) 209-0384.
Frequently Asked Questions
Can I lose my citizenship over this?
A conviction under § 1425 for knowingly procuring naturalization in violation of law requires the court to revoke the naturalization and cancel the certificate.
Do you handle denaturalization or immigration court?
No. We defend the criminal charge and coordinate with immigration counsel when your situation calls for it.
How fast can you help?
Our office answers 24 hours a day. Call (305) 209-0384.