LOOSING YOUR CITIZENSHIP-IMMIGRATION EXTRAZ

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

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 – INJUNCTION OF INS ADMINISTRATIVE 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. 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. 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) 340and 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.