Jump to content
Delman

Can naturalized USA citizen loose citizenship?

8 posts in this topic

Recommended Posts

Here is my situation, hope someone can help me:

 

I’m a Russian citizen (by birth) and an American citizen (by naturalization), 4 years ago I came to Canada to be with my husband, applied for permanent residency and was living in Canada as a permanent resident. All this time I was filing US taxes.

 

Now my husband (Canadian), kids (Canadian and American) and I planning to move to USA. 

 

My question is can I loose USA citizenship if I apply/get for Canadian citizenship

Share this post


Link to post
Share on other sites

No


“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.”

Share this post


Link to post
Share on other sites

No you can't lose US citizenship unless you intend to. 

~~moved to US citizenship discussion from progress reports~~


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites

I agree, you would not lose your citizenship for that.  However, to answer the general question in the thread title, a naturalized citizen can be denaturalized if they meet certain criteria.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Share this post


Link to post
Share on other sites
7 minutes ago, Bill & Katya said:

I agree, you would not lose your citizenship for that.  However, to answer the general question in the thread title, a naturalized citizen can be denaturalized if they meet certain criteria.

 

Good Luck!

Thank you, what are the criteria to get denaturalized? 

PS: I don’t want to loose US citizenship 

Share this post


Link to post
Share on other sites
7 minutes ago, Delman said:

Thank you, what are the criteria to get denaturalized? 

Either if your gained US citizenship improperly, or if you formally renounce it.

The US does not recognize foreign oaths as a renunciation of US citizenship.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
7 minutes ago, Delman said:

Thank you, what are the criteria to get denaturalized? 

PS: I don’t want to loose US citizenship 

If you got naturalized through fraud/misrepresentation then you can be denaturalized. Your circumstance is fine.

 

edit to add

from uscis:

The general grounds for civil revocation of naturalization are:

Illegal procurement of naturalization; or

Concealment of a material fact or willful misrepresentation.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartL-Chapter1.html

 

also 

Unlike most other immigration proceedings that USCIS handles in an administrative setting, revocation of naturalization can only occur in federal court.

 

A person’s naturalization can be revoked either by civil proceeding or pursuant to a criminal conviction. For civil revocation of naturalization, the United States Attorney’s Office must file the revocation of naturalization actions in Federal District Court. [1] For criminal revocation of naturalization, the U.S. Attorney’s Office files criminal charges in Federal District Court. [2] 

The government holds a high burden of proof when attempting to revoke a person’s naturalization. For civil revocation of naturalization, the burden of proof is clear, convincing, and unequivocal evidence which does not leave the issue in doubt. [3] For criminal revocation of naturalization the burden of proof is the same as for every other criminal case, proof beyond a reasonable doubt.

 

Edited by SusieQQQ

Share this post


Link to post
Share on other sites
19 hours ago, Delman said:

Thank you, what are the criteria to get denaturalized? 

PS: I don’t want to loose US citizenship 

This is what I found.

 

Grounds for Denaturalization

  1. Falsification or Concealment of Relevant Facts: You must be absolutely truthful when filling out paperwork and answering interview questions related to the naturalization application process. Even if the U.S. Citizenship and Immigration Service (USCIS) fails to recognize any lies or ommissions at first, the agency may file a denaturalization action against you after citizenship has been granted. Examples include failure to disclose criminal activities or lying about one's real name or identity.
  2. Refusal to Testify Before Congress: You may not refuse to testify before a U.S. congressional committee whose job it is to investigate your alleged involvement in subversive acts, such as those intended to harm U.S. officials or overthrow the U.S. government. This requirement to testify in order to maintain citizenship status expires after 10 years.
  3. Membership in Subversive Groups: Your citizenship may be revoked if the U.S. government can prove that you joined a subversive organization within five years of becoming a naturalized citizen. Membership in such organizations is considered a violation of the oath of U.S. allegiance. Examples include the Nazi Party and Al Qaeda.
  4. Dishonorable Military Discharge: Since you may become a naturalized U.S. citizen by virtue of serving in the U.S. military, your citizenship may be revoked if you are dishonorably discharged before serving five years. Reasons for dishonorable discharge, which must follow a general court-martial, include desertion and sexual assault.

https://immigration.findlaw.com/citizenship/can-your-u-s-citizenship-be-revoked-.html


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×