LOSING YOUR US CITIZENSHIP (how naturalized US citizens could lose US citizenship)

http://www.newcitizen.us ^ | 12/7/10 | newcitizen.us

[Liz]

There are several reasons why a naturalized US citizen could lose his or her US citizenship. newcitizen.us feel it’s important to summarize these reasons. As a naturalized citizen, you went to all the trouble to get your US citizenship in the first place. newcitizen.us would hate to see you lose it merely because you did something wrong you did not know about.

Involuntarily Losing Your US Citizenship (Denaturalization) Both the State Department and the USCIS have specfic laws and regulations they must follow in determining whether someone’s US citizenship should be taken away.

1. Convicted For An Act Of Treason Against The United States Treason is a serious crime, and the Constitution defines the requirements for convicting someone of treason. Treason is waging a violent war against the United States in cooperation with a foreign country or any organized group. It includes assisting or aiding any foreign country or organization in taking over or destroying this country including abolishing the Constitution. Treason also consists of attempting by overt acts to overthrow the US government or of betraying our government into the hands of a foreign power. If you are caught and convicted of treason, you can pretty much count on losing your US citizenship as well as serving lots of jail time.

2. Holding A Policy Level Position In A Foreign Country If you become an elected official or hold a policy-level position (like an ambassador, cabinet minister, or any high level administrative position where you make government policy) in your native country or a foreign country, you run the risk of losing your US citizenship. On the other hand, if you hold a non-policy level job like working in your native country’s embassy or working for your native country’s government in an advisory or purely administrative capacity, you run little risk of jeopardizing your US citizenship. For further information, see the State Department’s circular: ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP AND SEEKING PUBLIC OFFICE IN A FOREIGN STATE.

3. Serving In Your Native Country’s Armed Forces If That Country Is Engaged In Hostilities Or At War With The United States. If your native country is engaged in hostile actions or is at war with America you need to be extremely careful. The US government will attempt to take away your US citizenship if they find out you are either aiding or serving in your native country’s armed forces in any capacity. Alternatively, the US government could try to nail you with a treason conviction and then strip you of your US citizenship.

4. Serving In Your Native Country’s Armed Forces As An Officer Or A Non-Commissioned Officer. If your native country is not at war with or engaged in hostilities towards the US, then serving in your native country’s armed forces is OK as long as you are not an officer or non-commissioned officer (usually the rank of sergeant or above). Serving as a civilian worker in your native country’s armed forces, or serving as an enlisted man or women are generally acceptable. For further information, see the State Department’s circular: ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP AND FOREIGN MILITARY SERVICE.

The State Department has set several administrative guidelines for dual citizens to follow in order to avoid losing their US citizenship (ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP AND DUAL NATIONALITY ). The four reasons for losing US citizenship cited above were taken from these guidelines. We strongly suggest that you carefully review these guidelines if you are planning on maintaining dual citizenship. As you review the guidelines keep in mind that the State Department is primarily referring to native-born US citizens who become dual citizens by being naturalized in another foreign country. The guidelines are also applicable to naturalized US citizens who maintain their original citizenship.

5. Lying To The USCIS During The Naturalization Process If you deliberately withheld information from or misrepresented information given to the USCIS or INS when filing your N-400, the USCIS may cancel your Certificate of Naturalization and revoke your US citizenship. This includes withholding information and misrepresenting yourself during your naturalization interview or oath ceremony. If your Certificate of Naturalization is cancelled and your US citizenship revoked, you may also find yourself facing criminal prosecution as well as deportation proceedings. For example, if you lived outside the country for four months and deliberately omitted this absence from your N-400 and the USCIS finds out about it after you’re naturalized, they could move to have your Certificate of Naturalization cancelled. All they would need to show is that your absence would have disqualifed you from or materially affected your naturalization due to the “physical presence in the United States” requirement for naturalization applicants. You may also lose your US citizenship if you withheld information or misled the USCIS or INS when becoming a permanent resident. If within five years of becoming a permanent resident, the USCIS finds out that you withheld information from them or misled them in order to obtain your green card, the USCIS may also strip you of your US citizenship. Of course, after five years from becoming a permanent resident, the only way the USCIS would be able to take away your US citizenship would be if you withheld or misrepresented yourself during the naturalization process.

The above examples illustrates why you need to be both truthful and accurate when filing for naturalization and permanent residency. You don’t want to give the USCIS any ammunition they could use against you later if they or someone else (like a politician or government bureaucrat) is looking for any means to get rid of you.

6. Refusal To Testify Before Congress About Your Subversive Activities We included this legal provision for completeness. If you refuse to testify before Congress within ten years of being naturalized regarding your involvement in any subversive activities, the Attorney General can move to have your US citizenship revoked [ 8 USC 1451(a) ]. Subversive activities are not well defined but include activities such as spying, belonging to a terrorist or other organization wanting to overthrow the US, or other activities aimed at undermining our government [50 USC 783 & 843, 18 USC Ch. 115]. Of course, if you do testify before Congress about your subversive activities, you may still lose your citizenship if your testimony is later used to convict you of treason. US Courts and Immigration Attorneys as Safeguards

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Fortunately, it’s not as easy to take away your citizenship and Certificate of Naturalization as the law reads. Even if you were not entirely truthful or forthcoming during the naturalization process, the USCIS just can’t arbitrarily revoke your citizenship. Citizenship is one of those fundamental rights that our third branch of government (the judicial branch) takes very seriously. It appears the USCIS runs into difficulty with the federal courts when the USCIS revokes someone’s citizenship without giving the accused his or her day in court (no matter how blatant the violation of the law, see - Challenge to INS Denaturalization Procedure ).

In other words, the only way you are going to lose your US citizenship and Certificate of Naturalization is in a federal court and by a federal judge, who is appointed for life, makes good money, and is answerable to no politician or government bureaucrat no matter how on popular the judge's decision turns out to be.

If any of these situations listed apply to you now or could in the future, we strongly suggest you seek the legal advice of an immigration attorney experienced in US citizenship law. Your US citizenship is too valuable to risk losing because you don’t fully understand the law and the possible consequences of your actions.

[Liz]

Here is a brief listing of websites for immigration attorneys:

American Immigration Lawyers Association ILW.com: The Immigration Portal

Open Directory (Google) - Immigration Lawyers

Voluntarily Losing Your US Citizenship (Renunciation) After becoming a naturalized US citizen, you always have the option of renouncing your US citizenship. Beware though, if you renounce US citizenship, you will most likely be barred from living in the United States (there are exceptions), and can never become a US citizen again. In order to renounce your US citizenship, you have to physically be outside the US and it’s possessions when renouncing. So if you ever plan on renouncing your citizenship, make sure you have a country to live in (no doubts about your citizenship and residency status) and renounce your US citizenship there. For further information, see the State Department’s circular: Renunciation of U.S. Citizenship. Can a person voluntarily renounce their US citizenship and still live in the US? Can you get your green card back or a new green card? The answer to these questions is technically yes, but it is going to be a legally complicated process. You will most definitely need the advice and help of an immigration attorney to attempt such a legal maneuver. You will still have to renounce your US citizenship outside the US, and then need some type of visa or immigration papers to return to the US as a resident. Keep in mind, the US government will probably resist you every legal step of the way, and there is no guarantee of success. For further information, see the State Department’s circular: RENUNCIATION OF U.S. CITIZENSHIP BY PERSONS CLAIMING A RIGHT OF RESIDENCE IN THE UNITED STATES.

Voluntarily renouncing your US citizenship should not be taken lightly. Once you renounce your citizenship, it is nearly impossible to get it back. You will lose all the benefits of US citizenship including US residency and your US passport, and you will likely still be held responsible for paying any past, current or future US taxes (which is the primary reason why most people want to renounce their US citizenship). For further information, see the State Department’s circular: LOSS OF NATIONALITY AND TAXATION (please scroll down to this topic after you open this web page).

What if I lose my Certificate of Naturalization? Losing your Certificate of Naturalization is not the same as losing US citizenship. You haven’t lost your citizenship—all you lost is your proof of citizenship. Of course, if the USCIS can’t find your naturalization records, you may have some problems proving your citizenship and could face detention and deportation proceedings. That’s why we highly recommend making backup copies of your Certificate of Naturalization and storing the original in a secure place (see Securely Store Your Certificate of Naturalization for more information).

If, after all the precautions we recommended to you about storing and protecting your Certificate of Naturalization, your certificate is somehow lost or destroyed, well guess what, you’ re going to have to deal with the USCIS all over again to get it replaced. Please go to USCIS: Form N-565, Application for Replacement Naturalization/Citizenship Document. Good luck and please be patient. It usually takes at least a year to get a new certificate.

Websites With Further Information On Losing Your US Citizenship CHANG & BOOS - LOSS OF CITIZENSHIP AND DUAL NATIONALITY A good summary of the recent policy changes to dual citizenship in the US and how, as a dual citizen, you can lose your US citizenship (uses Canadians as an example, but the legal principles generally apply to other countries that allow dual citizenship like Mexico or Italy for example).

The following website by the US embassy in Australia has an excellent summary regarding the US policy on dual citizenship and losing US citizenship. LINK U.S. Policy on Dual Nationality

State Department’s website: Citizenship and Nationality Immigration and Nationality Act (INA): The laws pertaining to loss of citizenship (or loss of nationality) and revocation of naturalization are found in Sections (ACT) 340 and 349 of the Immigration and Nationality Act. The regulations and procedures that the federal government are required to follow when implementing any law such as the Immigration and Nationality Act are found in the Code of Federal Regulations (CFR).

Click here for the corresponding CFRs pertaining to Sections 340 and 349 of the INA. The CFR part numbers will be the same as the INA section numbers.

[petercooper]

Saw a great bumper sticker the other day on the back of an F150: America is Full.

[reaganator]

Before 1986 simply the fact that a person was born on American soil was NOT enough to entitle them to American citizenship.

In 1986, in a disenting opinion Supreme Court Justice Brennan had one sentence concerning this that the left uses to justify the “anchor baby” position.

Before 1986, BOTH parents of anyone born on American soil had to be American citizens.

[Oratam]

I suspect many naturalized U.S. citizens came to to our shores to engage in subversive activities wrongly believing they were untouchable. I doubt we’ll any large-scale efforts to strip these people of their acquired citizenship.

[Ben Ficklin]

Revocation of naturalized citizenship doesn't seem to be much a problem.

OTOH, there are very many immigrants in this country with permanent visas there never chose to become naturalized that are now worried that their "permanent" visa can be revoked.

There are also some permanent visa holders who don't live here permanently. They use their permanent visa as temporary visa to come and go from their home country, primarily to work. You know something is wrong when easier for some to get a permanent visa than it is for them to get a temporary work visa

[phockthis]

and we need to revert back to those days

[Liz]

The Daily Beast article, "The Coming Latino Revolt," revealed that US Cong Luis Guiterrez (D-Ill) has threatened that if the DREAM Act fails, he will lead the Latino community in a "1960's style" revolt.......threatening riots, violence, death and destruction.

Rep. Guiterrez has said his only concern is 'immigrants'............meaning Third World hyphenates from Mexico, Central and South America who have violated our borders w/ complete disregard for the US rule of law and a clear disdain for the rights of US citizens.

This individual has clearly violated his oath of office to uphold federal law and protect US citizens from illegal predators. It is despicable that a sitting member of the House of Representatives would choose to promote illegal foreign criminals using 'civil disobedience.'

Gutierrez's reckless call for lawlessness is despicable. A US Congressman would dismantle our immigration system, tear down our borders, and resign our sovereignty using threats and extortion is unacceptable. Guiterrez should be removed from office post haste.

Guiterrez is of Puerto Rican origin and is considered a US citizen.

THIS INITIATIVE SHOULD BEGIN IMMEDIATELY Americans must act now to protect our country: Those who foment insurrection and revolution can be stripped of their citizenship, and be deported, if the citizens of this nation so move.

[reaganator]

C’mon now, what famous “American citizen” was born in the United States in 1961 and both parents were NOT American citizens?

[Liz]

How naturalized US citizens could lose US citizenship ping

[Liz]

Revocation of naturalized citizenship doesn’t seem to be much a problem. .................until we get the laws changed.

[dennisw]

Remember Ahmed Diallo who was shot 47 times by the NYP about 10 years ago? He should have stripped of his citizenship. He totally lied about where he was from when he claimed asylum——>>>>>

.
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AMADOU LIED IN HIS CLAIM FOR ASYLUM

By KEVIN McCOY

Wednesday, March 17th 1999, 2:10AM

Amadou Diallo won political asylum in the U.S. by falsely claiming his parents were beaten to death by soldiers in Mauritania, a country where he said he was a victim of “ethnic cleansing” against blacks.

The immigrant peddler made the claim in papers filed with immigration authorities last year.

Diallo was born and reared in Guinea, where his parents have been viewed as relatively prosperous merchants. His mother and father flew to New York after his death.

But in a sworn deposition in October, Diallo said soldiers in Mauritania “came to murder my parents” and that the slayings occurred in April 1989. He and an uncle were taken captive by soldiers who said “they did not want blacks in their country,” Diallo said.

“They beat us with wood sticks, tied us and dragged us to their trucks and took us to the military camp,” where his uncle died from torture, Diallo said.

After being held “for two cruel weeks without trial,” Diallo said, he and others were herded at gunpoint to Senegal, where he lived in a refugee camp before fleeing to the U.S.

A lawyer for the Diallo family called the phony asylum claim “irrelevant” and suggested the records were released to taint the dead man’s character.

“The issue in the case is not how he got into this country, it’s how he left,” said attorney Kyle Watters. “He left in a box after being shot to death by police.”

[MetaThought]

You are mistaken. Anyone born in the US has been a citizen for much longer than that.

[Leftism is Mentally Deranged]

Belong to a world-domination movement that seeks to destroy the USA is grounds for revocation of citizenship.

[Liz]

Excellent point. That could also apply to Obama’s illegal alien Auntie Zeituni Onyango.

"My freeloading lifestyle is America's fault." (Another Kenyan blames America.)

BACKSTORY Mass authorities first ordered Auntie Zeituni deported years ago but she refused to obey the law----figuring she'd miss out on all the govt freebies. The SAME judge has now granted her "asylum" in the United States after poverty-stricken Auntie hired a high-priced lawyer.

The ruling said a return to Kenya might put Auntie in danger. Even though she is well-connected in Kenya, Auntie says her life is "in danger" if she went back/ This woman knows she can collect more US govt freebies if she claims "persecution." And she hired a top lawyer to plead her case. So there she sits in public housing collecting US govt handouts b/c she's "disabled".......but she's geting ready to collect SS, when the heat dies down.

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THE ASYLUM RIPOFF UP CLOSE A Social Security category provides outrageous government financial aid to "refugees" claiming "persecution." These phonies never paid a dime into the SS system; yet, they can collect seven years straight...... and can get extended payments if they are politically well-connected. The SS checks can amount to $1000 a month, and more. In fiscal year 2008, the US government received 47,459 asylum claims and granted 10,743 - a decrease over the previous year's 54,957 applications and 12,807 approvals. We need to see the emails, phone records and textings of the Ohaha admin to determine whether Ovomiton is colluding with Auntie to pull off this scam. BTW, a lot of Mexican illegals are using the asylum scam--claiming "drug violence" forced them to flee over the border.

Auntie Zeituni Onyango

Any residual pity or sympathy you may have harbored for the plight of long-time illegal alien and 2x-deportation-order-defying Zeituni Onyango vanishes the minute she opens that dopey mouth...... if you can understand her. Judge Shapiro who granted her asylum early this year is the very same one who ordered her deported....an order the scofflaw completely ignored...

If you like Auntie Zeituni, you’ll love the DREAM Act.

[Liz]

La Raza, for example?

[Liz]

I suspect many naturalized U.S. citizens came to to our shores to engage in subversive activities wrongly believing they were untouchable.

People suckered-in by the "here for a better life" scam should see this sign.

WAITING TO GET THEIR ORDERS FROM MEXICO
Reconquista shock troops at Phoenix Capital protest, May 29, 2010.

May Day Marchers plot to takeover the USA, shooting cops in the process.
SIGN: "You owe us America. We will shoot more Arizona police until we get free."

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The Obama admin continues to tolerate this ntl-security nightmare of illegals using multiple identities for fear of offending the Mexican government, the National Council of La Raza, and other immigrant advocates....all of whom are providing Democrat voters to endangered Dems. This outrage is burdening taxpayers and polluting our election system----b/c these criminals adopt multiple fraudulent identities.

Keep in mind, all the evidence shows illegals establish several identities with phony SS nos and fake documents (which these "poor immigrants" buy from document brokers for several thousand dollars). Illegal parents get anchor babies SS nos. The SS nos are used to establish fake identities. Endangered Dems are pushing to get all those fake identities to vote.

[Condor51]

*** How naturalized US citizens could lose US citizenship ping ***

I grew up in a 'diverse' neighborhood in Chicago -- Polish, Lithuanian, German, Irish - and a few Italians. (/s)

Those 'old' naturalized US citizens took their US Citizenship very 'series' and were Law Abiding to the n^th degree. As they were aware that the smallest violation of the law could land them back in the 'old country', many would be living under the yoke of communism.

But that's when we all had morals, ethics, respect, and the Law was the Law. It actually meant something and everyone (mostly) adhered to it.

Alas, those days are gone. Now, Charles 'Lucky' Luciano couldn't get deported.₍₁₎

(1) I know Luciano was never a US Citizen. I'm just sayin' deportation is now a big joke.

[raybbr]

2. Holding A Policy Level Position In A Foreign Country If you become an elected official or hold a policy-level position (like an ambassador, cabinet minister, or any high level administrative position where you make government policy) in your native country or a foreign country, you run the risk of losing your US citizenship.

I wonder if we could extend that to Senators that hire foreign agents to work for their campaigns....?

[RegulatorCountry]

Well, I wonder if this extends to former Senators hired as agents to work in foreign campaigns.

[TexasFreeper2009]

I have been saying this for years, if congress can grant citizenship to someone ... they can take it away.

Congress could strip every person granted amnesty in the last 30 years citizenship tomorrow if it wished.