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Loss of US Citizenship

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Filed: K-1 Visa Country: Thailand
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Is it possible for Naturalized US Citizen to loose his/her US Citizenship by residing abroad (not necessary in birth country) for extended period of time?

For example: An English or French citizen is naturalized in US and has dual citizenship. Lives and works in US for let's say 30 years and retires. Next, resides in Thailand on retirement visa.

From what I have heard, naturalized citizen has to reside in US for a certain period of time every year. I'm trying to find information online but really cant find anything relating to this issue.

Does anyone know?

Regards, Bart.

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Filed: Citizen (pnd) Country: Spain
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Is it possible for Naturalized US Citizen to loose his/her US Citizenship by residing abroad (not necessary in birth country) for extended period of time?

For example: An English or French citizen is naturalized in US and has dual citizenship. Lives and works in US for let's say 30 years and retires. Next, resides in Thailand on retirement visa.

From what I have heard, naturalized citizen has to reside in US for a certain period of time every year. I'm trying to find information online but really cant find anything relating to this issue.

Does anyone know?

Regards, Bart.

It is green card holders who cannot be outside the US for periods longer than 6 months, not US citizens. US citizens can stay outside the US as long as they wish.

naturalized citizen has to reside in US for a certain period of time every year >> This is not correct. This applies to US permanent residents, no US citizens, disregarding it is by naturalization or not.

Citizenship

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Filed: Timeline
Is it possible for Naturalized US Citizen to loose his/her US Citizenship by residing abroad (not necessary in birth country) for extended period of time?

.................

Does anyone know?

Regards, Bart.

This site has the information about when your US citizenship can be taken away http://www.newcitizen.us/losing.html

10/07/08 : N-400 Mailed to NSC.

10/18/08 : Notice Date. ( I-797C) - Expect 75 days for notification.

10/24/08 : Biometrics Notice date

11/12/08 : Biometrics Appointment & Done.

11/26/08 : Interview Letter received.

01/27/09 : Interview Date-Recommended for approval

03/02/09: Oath Letter

03/26/09: Oath date

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Filed: Citizen (pnd) Country: Germany
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A naturalized citizen has the same rights and responsibilities as a citizen by birth (with the exception of having the possibility to become President). Here are the reasons that can cause loss of citizenship:

http://travel.state.gov/law/citizenship/citizenship_778.html

I think the main concern is, that you commit any of those acts AND intend to relinquish citizenship.

One of the great advantages of a (naturalized) citizen compared to a permanent resident is that you don't have to be physically present in the U.S. for a certain amount of time. But remember, no matter where you live, as a U.S. citizen you always have to file a tax declaration in the U.S.

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Filed: K-1 Visa Country: Thailand
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Thank you all for replays.

I started reading given links and I'm quoting a paragraph below. Depends how one might understand point number 4, the retirement in foreign country might be taken under consideration. I know this would be a very technical case but if US government official has a "bad day" than I believe it might be possible.

Once again, thank you for all your input.

regards, Bart.

-------------------------------------

http://www.americanlaw.com/dualcit.html

According to the policy statement, the presumption that a person intends to retain U.S. citizenship is not applicable when the individual:

1. formally renounces U.S. citizenship before a consular officer;

2. takes a policy level position in a foreign state;

3. is convicted of treason; or

4. performs an act made potentially expatriating by statute accompanied by conduct which is so inconsistent with retention of U.S. citizenship that it compels a conclusion that the individual intended to relinquish U.S. citizenship.

Cases in categories 2, 3, and 4 will be developed carefully by U.S. consular officers to ascertain the individual's intent toward U.S. citizenship.

In order to ensure retention of U.S. citizenship, U.S. citizens may wish to assert their citizenship status by actions confirming a continuing intent to retain U.S. citizenship. These could involve a contemporaneous written statement confirming the citizen's desire to retain U.S. citizenship, submitted to a U.S. consulate or the DOS. The U.S. citizen should also continue paying U.S. income taxes, obtaining U.S. passports, and maintaining retaining property and other ties to the United States after the expatriating act takes place to evidence an intention not to relinquish citizenship. However, as stated in the DOS policy statement, such action is not necessary where the presumption applies.

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Filed: Country: United Kingdom
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No, actually - it would not.

It specificly says "made potentially expatriating by statute" - i.e. an immigration court would have to rule (in a way creating a precedent) that a US citizen retiring abroad potentially constitutes them renouncing their US Citizenship, AND the statute would have to be allowed to stand despite Appeals and Judicial Review AND a government official would have to be having a bad-enough day to apply the statute thus created - which is nonsense given the number of US Citizens who choose to retire abroad in places such as Mexico and South America... it just is not reasonable to expect all of this to happen...

The fact is - as long as you file your taxes and pay anything due the US Government while living abroad, the US doesn't much mind where it's citizens live or how long... as long as they are not taking other actions against the US while there...

e.g. if you chose to "retire" to a terrorist training camp somewhere plotting action against the US or it's allies, then for sure you would have trouble with the US Government... and could well loose your citizenship.

However if you retire back home, or to a country with no serious issues with the US, then you are unlikely to have any problems.

Thank you all for replays.

I started reading given links and I'm quoting a paragraph below. Depends how one might understand point number 4, the retirement in foreign country might be taken under consideration. I know this would be a very technical case but if US government official has a "bad day" than I believe it might be possible.

Once again, thank you for all your input.

regards, Bart.

-------------------------------------

http://www.americanlaw.com/dualcit.html

According to the policy statement, the presumption that a person intends to retain U.S. citizenship is not applicable when the individual:

1. formally renounces U.S. citizenship before a consular officer;

2. takes a policy level position in a foreign state;

3. is convicted of treason; or

4. performs an act made potentially expatriating by statute accompanied by conduct which is so inconsistent with retention of U.S. citizenship that it compels a conclusion that the individual intended to relinquish U.S. citizenship.

Cases in categories 2, 3, and 4 will be developed carefully by U.S. consular officers to ascertain the individual's intent toward U.S. citizenship.

In order to ensure retention of U.S. citizenship, U.S. citizens may wish to assert their citizenship status by actions confirming a continuing intent to retain U.S. citizenship. These could involve a contemporaneous written statement confirming the citizen's desire to retain U.S. citizenship, submitted to a U.S. consulate or the DOS. The U.S. citizen should also continue paying U.S. income taxes, obtaining U.S. passports, and maintaining retaining property and other ties to the United States after the expatriating act takes place to evidence an intention not to relinquish citizenship. However, as stated in the DOS policy statement, such action is not necessary where the presumption applies.

I-751 Process

=============

03/11/08 - Check Cashed by TSC, invalid SRC# on back along with a VLCXX reference.

03/31/08 - Had infopass appointment, got I-551 stamp and Trackable receipt number

04/09/08 - Received Biometrics Appointment Letter.

04/18/08 - Biometrics Appointment 10am.

04/18/08 - Transferred to Vermont from TSC

06/16/08 - Online Status reports transfer received by Vermont

11/03/08 - Online Status Shows Touched!

01/13/09 - Online Status Shows Touched!

01/20/09 - Approved!

01/26/09 - New Card Received!

N-400 Process

=============

12/29/08 - Application mailed to TSC

12/30/08 - Arrived at TSC - Forwarded to Nat. Ben. Ctr, TX

12/31/08 - Arrived at Nat. Ben. Ctr, TX

01/02/09 - Priority Date

01/05/09 - NOA1 Mailed

01/06/09 - Check Cashed

01/09/09 - NOA1 Received (Priority Date of 01/02/09, Some data missing from form)

01/10/09 - Case Touched!

01/27/09 - Duplicate NOA1 Received (Missing Data filled in, was mailed on 01/24/09)

02/28/09 - Interview Letter Received

04/06/09 - Naturalization interview

04/06/09 - Interview Passed!

04/22/09 - Oath Ceremony!

04/22/09 - US Citizen at Last!

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Filed: Citizen (apr) Country: Australia
Timeline
Is it possible for Naturalized US Citizen to loose his/her US Citizenship by residing abroad (not necessary in birth country) for extended period of time?

For example: An English or French citizen is naturalized in US and has dual citizenship. Lives and works in US for let's say 30 years and retires. Next, resides in Thailand on retirement visa.

From what I have heard, naturalized citizen has to reside in US for a certain period of time every year. I'm trying to find information online but really cant find anything relating to this issue.

Does anyone know?

Regards, Bart.

No. Once you're actually a citizen you won't lose it just becuase you spent time abroad. About the only way to get your citizenship revoked is to a)have lied to get it, or b)to be a criminal.

Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

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  • 2 weeks later...
Filed: Other Timeline
Is it possible for Naturalized US Citizen to loose his/her US Citizenship by residing abroad (not necessary in birth country) for extended period of time?

For example: An English or French citizen is naturalized in US and has dual citizenship. Lives and works in US for let's say 30 years and retires. Next, resides in Thailand on retirement visa.

From what I have heard, naturalized citizen has to reside in US for a certain period of time every year. I'm trying to find information online but really cant find anything relating to this issue.

Does anyone know?

Regards, Bart.

It is green card holders who cannot be outside the US for periods longer than 6 months, not US citizens. US citizens can stay outside the US as long as they wish.

naturalized citizen has to reside in US for a certain period of time every year >> This is not correct. This applies to US permanent residents, no US citizens, disregarding it is by naturalization or not.

just wondering...how soon can you leave the US and live in another country after becoming a US citizen? I heard that you must stay in the US within the first year you became a US citizen...or

your citizenship may be revoked. Thanks

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YOur citizenship can only be revoked if you lied on y our application or you bear arms against the us, or do something dumb that will get your citizenship to get revoked. Leaving the country and lving some place is not grounds for revoking your citizenship. Thats the benefit of being a USC. =)

My Citizenship Timeline

Service Center : Nebraska

CIS Office : St Paul, MN

Date Filed : 2008-07-31

NOA Date : 2008-08-06

Bio.Rcvd Date : 2008-08-15

Bio. Appt. : 2008-08-28

Interview Date : 2008-12-08

Approved : YES!!!!!!!!!!!!!! Final Approval 2009-03-16!!!!!!!!!!!!!!!!!!!File is in line for Oath Schedule

Oath Letter Rcvd: 2009-04-03

Oath Ceremony : 2009-04-30

Total Time So Far: 9 months, 0 days ..WooHoo!!!!!!!! Can You Hear The Sarcasm =)

I AM NOW A US CITIZEN!!!!

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just wondering...how soon can you leave the US and live in another country after becoming a US citizen? I heard that you must stay in the US within the first year you became a US citizen...or

your citizenship may be revoked. Thanks

I guess as soon as you can get US Passport.

But if you are talking about your children's US citizenship eligibility born in foreign countryas a child of US citizen,

then I think you should physically live in U.S. for a couple of years.

I think it was 7 years including 2 years after becoming US citizen.

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