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Losing US citizenship for living abroad

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Filed: K-1 Visa Country: Wales
Timeline

Was anyone ever de naturalised? Sounds like something that was never enforced and they dispensed with it.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Good grief what a strange thing for a lawyer to scaremonger on their website.

 

Anyway prior to 1994, do we know anyone who may have been denaturalized due to living abroad? Or was it one of those things that was not enforced? I ask because I'm sure there were plenty of dual citizens that were famous that enjoyed living in both countries, just as they do now. My great grandmother would usually spend time living in both of her countries with no issues that I am aware of. Researching naturalization records is something I do regularly for genealogy. I don't know any ancestor on his or my side that had problems.

 

I mean 22 USC 1731 provides the same protections to naturalized citizens as native born while living abroad. The 1964 SCOTUS case was pretty clear as well. It stated that doing what this law firm suggests is unconstitutional. It's not a murky or grey area as many SCOTUS cases can be. The history of the 1964 case, dated back to the 1907 Nationality Act, which could be rebutted. The 1940 introduced rule to 'strengthen' that act, SCOTUS determined was clearly unconstitutional. The justices determined the test for expatriation was quite high under the constitution and the government had flagrantly not met that test. Looking back at the wording of the decision shows their reasoning and other examples that strengthens the ruling. https://www.law.cornell.edu/supremecourt/text/377/163 There are lots of deep analysis on this case so it's funny this law group ignores that.

 

12 hours ago, Boiler said:

Written by an intern?

I think they need to get a new intern!

 

Also Cenk is an idiot. I can't wait for him to get tossed out of court. 

Edited by yuna628

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

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Filed: K-1 Visa Country: Wales
Timeline

I have never heard of an issue and like now pretty sure I remember cases where a child was born in the US, went home grew up married and then wanted a few decades later to move their family to the US.

 

I would have thought this would be something I would remember if it was an issue,

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (apr) Country: Uruguay
Timeline

A few nights ago my Cousin (76 yrs old) was trying to argu with me saying anyone can get away from the USA by living oversea and abandon their US Citizenship.

 

I told him that's not how it happens. It take more effort than it seems.

 

That didn't work for him, he don't believe anything I said. Well, he could always look at the reputable website but he still disagree on it.

 

Nothing will change their mind when they are stuck in that mindset.

K-1 Visa process (I'm the USC [F]) [2018-2019]

Spoiler

Sent packet: August 10, 2018 (Lines Compressed to fit signature restriction guideline)

USCIS Received package: August 14 - Notification in text/email: August 17 - Mail received from USCIS: January 22, 2019
USCIS Approved I-129F Petition: January 17 - NVC Received Case: February 14 - NVC Case # Assigned: February 14

US Embassy Received: Not sure but got email reply - March 11 - Instructions Received via e-mail: March 19

Interview: May 7 - Approved! - Arriving to US/POE: June 12 - Married July 15, 2019

AOS Process [2019-2020]

Spoiler

Sent packet: July 27, 2019 - USCIS Received Package: July 29 - [Hiccup] Package was sent back due to incorrect fee and sent on August 5.
Notification in text/email: August 12 @ 12:30AM - Check cashed: August 12 - NOA 1 Mail: August 16 - Biometric: September 5 @ Atlanta, GA

AOS RFIE: Sept. 28 - got in mail by Oct 3. [They lost my Husband's Birth Certificate] - Sent back AOS RFIE: Oct 16 2019, at office by Oct 17.
AOS Case update notice on April 9th, 2020, waiting for mail. - Interview date: Scheduled as of July 15, date is August 19. Passed the interview!

My Husband got his GC! 2 Year Conditional Green Card expires 08/19/2022, Residence since 08/19/2020

ROC Process [2022-2024]

Spoiler

Sent packet: June 16, 2022 via USPS, USCIS Received Package: June 21
Notice in text (didn't get email nor text on other phone): June 24
Notice date: June 23, package is at SRC (Texas Service Center), Paid with Credit Card, payment taken on June 25
NOA 1 Mail: June 30, Biometric: Reused
Got letter in mail for extension: April 12th, Received date June 21, 2022, Notice date: April 5, 2023 = 48 Months Extension. No physical card yet.
Approved without interview as of Feb 15th, 2024. Was not a combo interview with N-400.

Naturalization N-400 [2023-2024]

Spoiler

Filed Online: July 28, 2023NOA: July 29, 2023
Service Center: NBC, application # starts with IOE#.
Biometrics waived. Got NOA mail Jan 5, 2024 says Interview in Nashville, TN on Feb 6, 2024.
Queue for review and approval. Already in line for Oath Ceremony as of Feb 13th, 2024.
NOA as of 4/29/24 - Oath Ceremony scheduled for May 30th in Chattanooga, TN. Rescheduled as of May 2nd, 2024 by USCIS - new date is May 29th.
May 29th - Naturalized! Ta-da!

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Filed: Citizen (apr) Country: Taiwan
Timeline

*****Irrelevant and derailing comment removed****Please keep comments relevant to the topic***

- VJ Moderation

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to General Immigration Discussion, from US Citizenship General Discussion- As the topic is not about the filling process.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Having US Citizenship stripped is a formal affair ..with notice and process . Even with pressure from extreme right administrations / packed Supremes ..radical changes will face litigation . 
 

You can add other resources to your reading ..see what ATLAS is up to and maybe lessen the worries 

https://www.aila.org/infonet/justice-department-secures-first-denaturalization

But , I must say give kudos to Cenek for starting a primary challenge 

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5 hours ago, Boiler said:

I have never heard of an issue and like now pretty sure I remember cases where a child was born in the US, went home grew up married and then wanted a few decades later to move their family to the US.

 

I would have thought this would be something I would remember if it was an issue,


I know someone who did exactly that, moving to the US as a citizen in their 40s with family in tow after being born in the US, leaving as an infant and never going back in between.

 

Of course, that made them a natural-born citizen as opposed to a naturalized citizen which I think this thread was presumably about.

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Filed: K-1 Visa Country: Wales
Timeline

There is a current ongoing thread, child is at Uni in home country and will not be finished for some time, parents want to be sponsored now and not wait. Seems they left not long after the child was born.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Ecuador
Timeline
15 hours ago, Boiler said:

Was anyone ever de naturalised

This brings memories of the chemical solution with the notice, "Completely Denatured Alcohol.
"

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: K-1 Visa Country: Wales
Timeline

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Taiwan
Timeline

I laughed out loud at Cenk.  Cenk's case is already DOA. 

On a side note:  Cenk is correct in that running Biden is a big risk.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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