At this time, no penalties exist if a naturalized U.S. citizen simply goes to live in another country. But if the person also takes certain other actions, citizenship can be lost.
After being sworn in as a newly naturalized U.S. citizen, one of the first things you might want to do is enjoy the ease with which you can travel overseas and return. Or perhaps you want to go one step farther and actually move back to your childhood home country or some other place.
If you did move abroad, would you then risk giving up your U.S. citizenship? This article provides background and some reassurance. Only in rare situations would a U.S. citizen who moves to another country lose U.S. citizenship.
In the Past, One Could Lose U.S. Citizenship By Moving Overseas
Prior to 1994, the analysis presented in this article might have been different. Back then, a person who became a naturalized U.S. citizen was expected to hold the intention of residing permanently in the United States. This was written into Section 340 of the Immigration and Nationality Act or I.N.A., but the language was removed in 1994, within Section 104 of the Technical Corrections Act.
What's more, before 1994, if a person moved permanently to another country within one year of becoming a naturalized U.S. citizen, this was taken as "prima facie" evidence of the person's lack of intention to live in the United States. The move thus became grounds for the U.S. government to "denaturalize" the person, or take away citizenship.
No Longer Can One Lose U.S. Citizenship By Living in Another Country
At this time, no penalties exist if a naturalized U.S. citizen simply goes to live in another country. This is a distinct benefit of U.S. citizenship, since green card holders can have their status taken away for "abandoning" their U.S. residence. (See Keeping Your Green Card After You Get It for details on that issue.)
In What Ways Can Naturalized U.S. Citizenship Be Lost?
If a naturalized citizen takes certain actions while living abroad, such as joining a foreign military, committing treason against the U.S., or taking on a new citizenship, U.S. citizenship can be lost. But in most cases, they would also have to intend to give up U.S. citizenship. This is further described in, Can Naturalized U.S. Citizen Lose Citizenship by Living in Another Country?
A naturalized citizen would also, when living overseas, need to continue complying with U.S. laws affecting U.S. citizens, particularly regarding taxation. See Overseas American Citizens: When You Need to File a Tax Return or Pay U.S. Taxes for more information
Getting Help
Talk to an attorney or tax professional for a full personal analysis of your citizenship situation, particularly if you have tax questions or unusual concerns. For more information, see Choosing, Hiring, or Firing an Immigration Attorney.
As someone deeply immersed in the intricacies of U.S. immigration laws and citizenship, my expertise stems from an extensive understanding of legal frameworks and historical shifts. I've closely followed the evolution of regulations governing the status of naturalized U.S. citizens, particularly those related to residing abroad and potential implications on their citizenship.
Now, let's delve into the concepts discussed in the provided article:
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Changes in Legislation (1994):
- The article mentions a critical legislative change in 1994 within Section 104 of the Technical Corrections Act. This amendment removed the requirement that naturalized U.S. citizens must hold the intention of residing permanently in the United States. This shift marked a significant departure from the prior expectations and criteria.
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Past Considerations (Pre-1994):
- Before the aforementioned legislative change, Section 340 of the Immigration and Nationality Act (I.N.A.) reflected the expectation that a naturalized citizen would permanently reside in the U.S. Moving permanently to another country within a year of naturalization was considered "prima facie" evidence of the individual's lack of intention to live in the United States. This circ*mstance could lead to denaturalization.
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Current Status of U.S. Citizenship:
- As of now, the article asserts that there are no penalties for a naturalized U.S. citizen who merely chooses to live in another country. This stands in contrast to the status of green card holders who can risk losing their status for "abandoning" their U.S. residence.
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Grounds for Losing U.S. Citizenship Abroad:
- The article outlines specific actions that, if taken by a naturalized citizen living abroad, can result in the loss of U.S. citizenship. These actions include joining a foreign military, committing treason against the U.S., or acquiring a new citizenship. Importantly, the individual must also have the intention to relinquish U.S. citizenship in most cases.
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Compliance with U.S. Laws Abroad:
- Emphasized in the article is the requirement for naturalized citizens residing overseas to continue adhering to U.S. laws, particularly those related to taxation. This underscores the ongoing obligations that U.S. citizens have, even when living outside the country.
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Legal Guidance:
- The article concludes with a practical recommendation for individuals seeking a thorough analysis of their citizenship situation. It advises consulting with an attorney or tax professional for personalized guidance, especially in cases involving tax concerns or unique circ*mstances.
In summary, the article navigates through the historical context, current regulations, and potential scenarios that naturalized U.S. citizens may face when residing abroad, offering valuable insights for those navigating the complexities of U.S. citizenship law.
