How can I withdraw a petition for naturalization?

[eatingraoul 0]

Hi, I just learned that by acquiring US citizenship I could lose my original citizenship, since dual passports are not allowed by law. Now, I want to withdraw the petition and keep my Permanent Residency instead, but I am not sure what to do. Does anyone know what steps should I take? Is this possible? Am I risking my residency if I withdraw this petition?

Thanks!

[Minya's wife 24]

Hi, I just learned that by acquiring US citizenship I could lose my original citizenship, since dual passports are not allowed by law. Now, I want to withdraw the petition and keep my Permanent Residency instead, but I am not sure what to do. Does anyone know what steps should I take? Is this possible? Am I risking my residency if I withdraw this petition?

Thanks!

Dual citizenship is not recognized by the US, but may be recognized by your home country....are you sure that you home country does not accept dual citizenship?

[Chica Yeyé 41]

It is not? I thought the US did allow double citizenship. that sux

[lucyrich 19]

For the general question about dual citizenship, read the dual citizenship faq.

http://www.richw.org/dualcit/

US law only directly addresses the question of whether or not you become a US Citizen. The question of whether or not your previous country will still consider you to be a citizen after you go through US naturalization is one for your previous country to address.

Many, probably most, countries take the position that if you naturalize and become a US Citizen, you remain a citizen of your original country unless you specifically go to a consulate and renounce your original citizenship. But there are definitely some countries that take the position that, as soon as one of their citizens naturalizes and become a US Citizen, he gives up all rights of citizenship to the original country.

Anyway, back to the original question, you don't become a citizen of the US until you actually take the citizenship oath. If you can figure out how to formally withdraw your N-400 by mail, phone, or whatever, you could do that, but an alternate strategy would be to let the application proceed, go to the interview, and tell the interviewer that you do not want to take the test, you do not want to proceed, and you want to withdraw the application.

[jasminelily 1]

For the general question about dual citizenship, read the dual citizenship faq.

http://www.richw.org/dualcit/

US law only directly addresses the question of whether or not you become a US Citizen. The question of whether or not your previous country will still consider you to be a citizen after you go through US naturalization is one for your previous country to address.

Many, probably most, countries take the position that if you naturalize and become a US Citizen, you remain a citizen of your original country unless you specifically go to a consulate and renounce your original citizenship. But there are definitely some countries that take the position that, as soon as one of their citizens naturalizes and become a US Citizen, he gives up all rights of citizenship to the original country.

Anyway, back to the original question, you don't become a citizen of the US until you actually take the citizenship oath. If you can figure out how to formally withdraw your N-400 by mail, phone, or whatever, you could do that, but an alternate strategy would be to let the application proceed, go to the interview, and tell the interviewer that you do not want to take the test, you do not want to proceed, and you want to withdraw the application.

Hello luyrich,

I agree with your suggestion. You're always so helpful.

[Minya's wife 24]

It is not? I thought the US did allow double citizenship. that sux

I was wrong...here you go:

The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth.U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

Intent can be shown by the person's statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance.

However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.Most countries permit a person to renounce or otherwise lose citizenship.

Information on losing foreign citizenship can be obtained from the foreign country's embassy and consulates in the United States. Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.

Link: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

[NickD 202]

Practically anyone that goes into the interview is begging to become a USC, would be interesting to hear what they have to say when you changed your mind.

Will they say, okay, next? Or will they bring in a staff and try to talk you into it? Let us know.

In our case since my wife is naturalized in Venezuela, very iffy for her to get a continued renewal on her Venezuelan passport, ironically, her daughter born there, doesn't have any problems. But if my wife wants to, still can get a passport for Colombia with no problems as that is her home country. But no problems, at least for now, with her US passport. A complicated subject, highly country dependent.

Are you planning on staying here? Do you need a visa to visit your home country? Don't have to answer, just something to think about.

[Saddle Bronc 124]

For eatingraoul:

• If your country allows dual citizenship, then just retain that passport and use it when journeying there and US passport to re-enter US (time-honoured system used by many such as Limeys, Pakistanis, ...)
• if not so, then just fluff USCIS' citizenship tests and cause your app to be rejected

Edited March 4, 2009 by CherryXS

[eatingraoul 0]

Thanks all for the suggestions.

Well, the thing is that me and my wife plan to move to Europe in a few years, so losing my german passport would be a pretty bad move..... The question still is....do I endanger my permanent resident status by withdrawing from US Naturalization?

Thanks again! And yes, it would be interesting to go to the interview and just say "I'm not interested anymore", but I don't want to waste anybody's time.....I have to find out how to do it by phone or something.

[Chocolot 0]

A couple of your fellow countrymen have discussed this see:

<http://www.visajourney.com/forums/index.php?showtopic=179993&pid=2682470&st=0entry2682470>

My husband would like to, but to keep his German citizenship, he has to ask for permission to do so from the German government. Otherwise, German citizenship is automatically lost when taking up another citizenship.

<http://www.visajourney.com/forums/index.php?showtopic=145038>

a google search of VJ may showmore,

already being a dual and hoping to get US citizenship as well, I can understand if it cause a problem in your birth country

Hope it helps, ymmv

[thea 1]

Thanks all for the suggestions.

Well, the thing is that me and my wife plan to move to Europe in a few years, so losing my german passport would be a pretty bad move..... The question still is....do I endanger my permanent resident status by withdrawing from US Naturalization?

Thanks again! And yes, it would be interesting to go to the interview and just say "I'm not interested anymore", but I don't want to waste anybody's time.....I have to find out how to do it by phone or something.

Germany allows dual citizenship. However, it is not automatic. You will have to apply for a "Beibehaltungsgenehmigung" through your German consulate and need to have the approval from the Bundesverwaltungsamt in hand prior to taking the oath for US citizenship. I applied for the BBG on 30 September 2008 and the approval was issued on 2 December 2008. Not too bad. I recommend going that route.

Edited March 5, 2009 by thea

[mattr 0]

I'm sorry to ask bluntly but if you are planning to move to Europe why do you want to be a US citizen?

Mattr.

[lucyrich 19]

The question still is....do I endanger my permanent resident status by withdrawing from US Naturalization?

No, you can keep your green card with no problems. It's no worse than having your N-400 rejected because you failed the test, because you applied too early, or because you decided you were unwilling to take the oath.

There are a few reasons for N-400 denials that could theoretically cause someone to lose their green card too, such as misrepresentation or discovery of previous undiscovered immigration violations or serious crimes. But there are other reasons for N-400 denials which cause no problem to the LPR status, such as withdrawl or failing the test.

[Stella08 0]

As thea stated already, you have the option to become a US citizen AND keep your German citizenship. It is important though that you get the German Beibehaltungsgenehmigung approved and have it in your possession before you take the oath to become a US citizen.

Another thing you must consider is that you probably will lose your greencard if you move overseas for a prolonged period of time. Even with a reentry permit you cannot stay out of the country for more than two years. And if you stay out of the country for more than six months at a time you break your residency. If your spouse is a US citizen it shouldn't be a problem to reapply for a greencard (but it costs a lot of money again, plus it's a lot of paperwork all over). Good luck on your decisionmaking.

P.S. When did you apply for citizenship? Is there a way to still apply for the Beibehaltungsgenehmigung? Usually it takes about 4 months to get it approved, but I've read of cases where it took only a few a weeks. Get in touch with your German consulate and inform them about your dilemma. They might be able to help you and speed up the process for your application with the German authorities.

http://www.germany.info/Vertretung/usa/de/...ibehaltung.html

[Ladylethal 12]

I'm sorry to ask bluntly but if you are planning to move to Europe why do you want to be a US citizen?

Mattr.

I believe his reasons are similar to my reasons to apply for citizenship next year. Besides the obvious if I do decide to move back to Brasil with my husband for a few years if we want to come back I don't have to start the process all over to reacquire permanent residency, and also if we move away we can visit anytime without needing to apply for a visa (which is necessary for Brazilians). Even if we decide not to live in US permanently it is still desirable to naturalize.