Becoming a U.S. citizen is a big milestone for immigrants, offering stability and access to many rights and privileges. Unlike lawful permanent residents, also known as green card holders, U.S. citizens enjoy the assurance that their citizenship cannot be revoked because they have lived outside the country for an extended period. However, there are exceptions to this principle, which we will explain in this article.
Abandonment of U.S. Residence
For U.S. citizens, establishing another country as their home is not a primary concern but for lawful permanent residents, they face the risk of being deemed to have abandoned their U.S. residence if they live in another country for an extended duration. It’s important to note that this concern looks at why many green card holders aim to get U.S. citizenship.
Exceptions: Instances When Naturalized U.S. Citizens Can Lose Citizenship
Revocation by U.S. Immigration Authorities
Denaturalization, or the annulment of an individual’s naturalized citizenship, can occur if the person acquired citizenship through fraudulent means or concealed vital information during the naturalization process. While efforts to revoke citizenship are relatively uncommon, they experienced an uptick during the Trump administration.
Loss of Nationality Statute
The U.S. incorporates a “loss of nationality” statute outlined in Section 349 of the Immigration and Nationality Act. It’s essential to recognize that this statute allows for some interpretation. To forfeit citizenship, an individual must undertake a relevant act “to relinquish United States nationality.” Here are some acts that may lead to the loss of U.S. nationality:
Becoming a Naturalized Citizen of Another Country
If an individual becomes a naturalized citizen of another country after turning 18, they could potentially lose their U.S. citizenship. It’s critical to note that this doesn’t apply if one is a citizen of another country by birth, and the intention element of the statute is paramount. Many individuals hold dual citizenship with the U.S. and another country without issue.
Joining the Military of a Foreign State
Engaging in the armed forces of a foreign state, particularly if those forces are involved in hostilities against the U.S. or if the individual serves as an officer (commissioned or non-commissioned), could lead to the loss of U.S. citizenship.
Joining the Government of a Foreign State
Accepting a position, serving in, or performing duties for the government of a foreign state or one of its political subdivisions after turning 18 may result in the loss of U.S. citizenship if the individual acquires the nationality of that foreign state or takes a required oath, affirmation, or declaration of allegiance to it.
Intentional Renunciation
Some individuals deliberately renounce their U.S. citizenship, driven by a desire to reside in a country that does not permit dual citizenship or for personal reasons. Renunciation occasionally garners attention when affluent individuals employ it to reduce their tax obligations in the United States.
Committing Treason or Acts Against the U.S. Government
Engaging in treasonous activities or conspiring against the U.S. government can lead to a determination that an individual has relinquished their U.S. citizenship.
In summary, unless any of the aforementioned scenarios apply to you, residing in another country should not imperil your status as a U.S. citizen. U.S. citizenship is typically steadfast and enduring, affording individuals the liberty to live abroad while retaining the benefits of their citizenship. It underscores the inclusivity and diversity of the United States, where citizens from diverse backgrounds can proudly identify as Americans.
Key Strategies for Maintaining Strong Ties
1. Regular Visits
- Frequent Travel: Make it a point to return to the U.S. regularly. This not only reinforces your connection but also shows your intent to maintain residency.
2. Financial Connections
- Bank Accounts: Keep and actively use U.S. bank accounts. Regular transactions can help demonstrate ongoing financial ties.
- Tax Filings: File U.S. tax returns annually, even if you do not owe taxes. This compliance with U.S. tax laws is crucial for showing your commitment.
3. Maintain a U.S. Address
- Permanent Mailing Address: Retain a mailing address in the U.S., whether through home ownership or by using a relative’s address. Ensure that important documents are sent there.
4. Documentation of Family Ties
- Family in the U.S.: Keeping immediate family members in the U.S., such as children or parents, can strengthen your claim of maintaining ties.
- Correspondence: Maintain regular communication with family and friends in the U.S., which can be evidenced through emails, letters, and phone records.
5. Professional and Social Engagement
- Memberships: Stay active in professional associations or social clubs in the U.S. Paying dues and attending events can show ongoing involvement.
- Employment Contracts: If working abroad, secure documentation from your employer that confirms your intention to return to the U.S..
6. Legal Documentation
- U.S. Passport: Keep your U.S. passport current and use it for travel, reinforcing your identity as a U.S. citizen.
- Driver’s License: Maintain an up-to-date U.S. driver’s license, which should reflect your current address.
7. Community Involvement
- Engagement in Local Affairs: Participate in community activities related to American interests or organizations while abroad, which can further solidify your ties to the U.S.3.
8. Seek Legal Advice
- If uncertain about your status or how to maintain ties effectively, consider consulting with an immigration attorney who specializes in citizenship matters
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make sure your U.S. citizenship is not affected. Whether you’re applying for Employment-Based Visas or non-immigrant visas, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
