US citizenship can be revoked?
May 10th 2003, 11:16 am
#1
Guest
Posts: n/a
US citizenship can be revoked?
If you gain US citizenship through the naturalization,US citizenship
can be revoked at any reason?
can be revoked at any reason?
May 10th 2003, 2:17 pm
#2
Guest
Posts: n/a
Re: US citizenship can be revoked?
> If you gain US citizenship through the naturalization,US citizenship
> can be revoked at any reason?
There are certain specified reasons for which
naturalized citizenship can be revoked. In general,
if it's discovered that a naturalized citizen obtained
his permanent resident status or his citizenship
through fraud or deception, then the citizenship
can be revoked on the basis that it should never
have been granted in the first place. There are
also laws which will lead to revocation of naturalized
citizenship if the person was involved with the
government of Nazi Germany.
Additionally, any US citizen, naturalized or otherwise,
may lose citizenship if he commits certain actions
WITH the intention of giving up US citizenship.
These actions include (oaths to a foreign government,
employment in a foreign government, serving in a foreign
military, etc.)
Stephen Gallagher
> can be revoked at any reason?
There are certain specified reasons for which
naturalized citizenship can be revoked. In general,
if it's discovered that a naturalized citizen obtained
his permanent resident status or his citizenship
through fraud or deception, then the citizenship
can be revoked on the basis that it should never
have been granted in the first place. There are
also laws which will lead to revocation of naturalized
citizenship if the person was involved with the
government of Nazi Germany.
Additionally, any US citizen, naturalized or otherwise,
may lose citizenship if he commits certain actions
WITH the intention of giving up US citizenship.
These actions include (oaths to a foreign government,
employment in a foreign government, serving in a foreign
military, etc.)
Stephen Gallagher
May 10th 2003, 3:25 pm
#3
Guest
Posts: n/a
Re: US citizenship can be revoked?
"randmhinformation" wrote:
> If you gain US citizenship through the naturalization,
> US citizenship can be revoked at any reason?
The question was somewhat garbled grammatically, but I'm assuming
the original poster meant to say, "If you gain US citizenship
through naturalization, are there any reasons for which it can
be revoked?"
There are indeed a limited number of reasons why US citizenship
obtained through naturalization can be revoked later on.
In general, these reasons involve concealment or misrepresentation
of material facts (i.e., lying about important things) when the
person applied for immigration or for citizenship. For example,
a naturalized citizen who neglected to mention that he had been a
Nazi war criminal prior to immigrating to the US -- something that
would have kept him from immigrating in the first place -- could
have his US citizenship revoked, even decades later. In such a
case, a spouse or children who immigrated to the US along with
the person in question could also lose US citizenship (even if
they themselves hadn't done anything wrong). However, US-born
children of such parents do NOT have their citizenship revoked.
There are a few situations in which an action performed after
US naturalization may be presumed to indicate that the person in
question had obtained citizenship fraudulently. For example, if
a new US citizen joins a communist or totalitarian organization
within five years after naturalization, this is "prima facie
evidence" (i.e., a presumption, but one that can be overcome
with sufficient contrary evidence) that the person had lied
when he said on his naturalization application that he was
"attached to the principles of the Constitution" and "well
disposed to the good order and happiness of the United States".
At one time, applicants for US citizenship were required to state
an intention to live permanently in the US after naturalization.
When this requirement was in effect, a new citizen who moved
away from the US within a few years after naturalization could
have his naturalization revoked on the grounds that he had
not really intended to live in the US permanently after all.
Between 1986 and 1994, this could happen if one moved perma-
nently abroad within a year after naturalization. Before
that, it was five years -- and, at one time, a naturalized US
citizen who remained abroad for an extended period, even many
years after naturalization, could lose his citizenship (though
this last provision was struck down by the US Supreme Court in
1964). The last vestiges of this ban on post-naturalization
foreign residency were repealed in 1994, though, and no one
loses his US citizenship any more because of moving abroad
after having become a US citizen.
And, in addition to the above, a naturalized US citizen can lose
his US citizenship by doing any of the things that would cause a
natural-born US citizen to lose citizenship. For example, a US
citizen who becomes a citizen of another country can thereby lose
his US citizenship -- but ONLY if it was the person's INTENTION
to give up US citizenship as part of the foreign naturalization.
(At one time, loss of US citizenship as a result of obtaining a
foreign citizenship was more or less automatic, but as a result
of Supreme Court rulings, changes to the law by Congress, and
changes in State Dept. policies, this is no longer the case.)
Note, by the way, that even though the US naturalization oath
contains a blanket renunciatory clause (a statement in which the
new citizen disavows all prior allegiances), continued retention
of exercise of one's old citizenship after obtaining US citi-
zenship is NOT normally used today as a basis for revoking US
naturalization. Thus, if one's "old country" chooses to ignore
the renunciatory language in the US naturalization oath, a new
US citizen may continue to acknowledge and exercise his old
citizenship (when dealing with his old country) without fear
of putting his US naturalization in danger.
Rich Wales [email protected] http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
> If you gain US citizenship through the naturalization,
> US citizenship can be revoked at any reason?
The question was somewhat garbled grammatically, but I'm assuming
the original poster meant to say, "If you gain US citizenship
through naturalization, are there any reasons for which it can
be revoked?"
There are indeed a limited number of reasons why US citizenship
obtained through naturalization can be revoked later on.
In general, these reasons involve concealment or misrepresentation
of material facts (i.e., lying about important things) when the
person applied for immigration or for citizenship. For example,
a naturalized citizen who neglected to mention that he had been a
Nazi war criminal prior to immigrating to the US -- something that
would have kept him from immigrating in the first place -- could
have his US citizenship revoked, even decades later. In such a
case, a spouse or children who immigrated to the US along with
the person in question could also lose US citizenship (even if
they themselves hadn't done anything wrong). However, US-born
children of such parents do NOT have their citizenship revoked.
There are a few situations in which an action performed after
US naturalization may be presumed to indicate that the person in
question had obtained citizenship fraudulently. For example, if
a new US citizen joins a communist or totalitarian organization
within five years after naturalization, this is "prima facie
evidence" (i.e., a presumption, but one that can be overcome
with sufficient contrary evidence) that the person had lied
when he said on his naturalization application that he was
"attached to the principles of the Constitution" and "well
disposed to the good order and happiness of the United States".
At one time, applicants for US citizenship were required to state
an intention to live permanently in the US after naturalization.
When this requirement was in effect, a new citizen who moved
away from the US within a few years after naturalization could
have his naturalization revoked on the grounds that he had
not really intended to live in the US permanently after all.
Between 1986 and 1994, this could happen if one moved perma-
nently abroad within a year after naturalization. Before
that, it was five years -- and, at one time, a naturalized US
citizen who remained abroad for an extended period, even many
years after naturalization, could lose his citizenship (though
this last provision was struck down by the US Supreme Court in
1964). The last vestiges of this ban on post-naturalization
foreign residency were repealed in 1994, though, and no one
loses his US citizenship any more because of moving abroad
after having become a US citizen.
And, in addition to the above, a naturalized US citizen can lose
his US citizenship by doing any of the things that would cause a
natural-born US citizen to lose citizenship. For example, a US
citizen who becomes a citizen of another country can thereby lose
his US citizenship -- but ONLY if it was the person's INTENTION
to give up US citizenship as part of the foreign naturalization.
(At one time, loss of US citizenship as a result of obtaining a
foreign citizenship was more or less automatic, but as a result
of Supreme Court rulings, changes to the law by Congress, and
changes in State Dept. policies, this is no longer the case.)
Note, by the way, that even though the US naturalization oath
contains a blanket renunciatory clause (a statement in which the
new citizen disavows all prior allegiances), continued retention
of exercise of one's old citizenship after obtaining US citi-
zenship is NOT normally used today as a basis for revoking US
naturalization. Thus, if one's "old country" chooses to ignore
the renunciatory language in the US naturalization oath, a new
US citizen may continue to acknowledge and exercise his old
citizenship (when dealing with his old country) without fear
of putting his US naturalization in danger.
Rich Wales [email protected] http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.
