Rescission of citizenship

[hr33 0]

I found the following information on USCIS website, in a booklet (pdf) named "Citizenship in the United States":

"Rescission

Individuals who are U.S. citizens by birth cannot involuntarily have their citizenship taken away. For naturalized citizens, citizenship can be revoked only if the government is able to prove that such action is warranted. Rescission of naturalization, or denaturalization, is recommended only where there is objective evidence to establish one or more of the following conditions: 200

• Concealment or willful misrepresentation of material facts related to the naturalization application and proceedings;

• Illegal procurement of naturalization;

• Residence in a foreign country within 5 years after naturalization;

• Refusal within 10 years after naturalization to testify as a witness before a congressional committee concerning subversive activities; or

• Becoming a member of any proscribed subversive organization within 5 years of naturalization."

I did not hear before that residence in a foreign country within 5 years after naturalization can result in termination/cancellation of the citizenship. Any comments please!

[웃 910]

Their definition of residence is probably a lot more complex than simply owning a second home in a foreign country.

[lucyrich 20]

Wow, they don't update those .pdfs very often at the USCIS.

That provision about living outside the US within five years after naturalization used to be the law. But it was changed to a one year period in 1986, and repealed entirely in 1994. It is no longer in effect.

References to the precise laws are here

http://www.richw.org/dualcit/law.html#1986

http://www.richw.org/dualcit/law.html#1994

Essentially, these days, you can't give up your citizenship unless you really intend to do so.

[*JG* 2]

Thanks for the info. I always wondered.

[mgk 0]

Thank you! Good information!