NATURALIZATION AS A US CITIZEN

 

Deciding to become a U.S. citizen is one of the most important decisions an immigrant can make. Depending on your situation, there may be different ways to obtain citizenship. 

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• Naturalization is the process by which U.S. citizenship is granted to a lawful permanent resident after meeting the requirements established by Congress in the Immigration and Nationality Act (INA).

• Acquisition of citizenship is obtained through U.S. citizenship parents either at birth or after birth, but before the age of 18.

 

RETENTION OF US PERMANENT RESIDENCE STATUS

 

​If you have a Permanent Resident Card (Green Card), you may need additional documents to return to the U.S. after traveling abroad. Note that you need to obtain these necessary documents from United States Citizenship and Immigration Services (USCIS) before your trip abroad.

 

You may be found to have abandoned your permanent residence if you:  

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(1) Move to another country intending to live there permanently. 

 

(2) Remain outside the US for more than one year without obtaining a re-entry permit or returning resident visa.

 

(3) Remain outside the US for more than two eyears after issuance of the re-entry permit without obtaining a returning resident visa.

 

(4) Fail to file income tax returns while living outside the US for any period.

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(5) Declare yourself a "nonresident" on your US tax returns.

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Note that Permanent Resident status does not end or expire when a physical permanent resident card (green card) expires; it is simply necessary to renew the actual permanent resident card.

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ABANDONMENT OF PERMANENT RESIDENCE

 

A formal process exists to enable foreign nationals who have obtained permanent residence to voluntarily give up their US permanent resident status. In order to do so, depending upon the US embassy or consulate region in which you are residing outside the US, you may have to either visit the embassy or consulte in person or send the documents by mail. If you have to visit in person, there may either be appointments or you may be able to walk in on any working day - it varies by individual office. If you intend to apply for a non-immigrant visa, you may be able to abandon your green card at the same tie during the appointment for a non-immigrant visa. 

 

It is important to note that abandoning a green card is an irreversible process. If you with to and qualify, you can apply for a green card again in the future, but you will need to commence the process all over again.

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RENUNCIATION OF US CITIZENSHIP

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A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship: appear in person before a U.S. consular or diplomatic officer, in a foreign country (normally at a U.S. Embassy or Consulate); and sign an oath of renunciation. Renunciations that do not meet the conditions described above have no legal effect. Persons intending to renounce U.S. citizenship should be aware that, unless they already possess a foreign nationality, they may be rendered stateless and, thus, lack the protection of any government. They may also have difficulty traveling as they may not be entitled to a passport from any country.

 

Even if not stateless, former U.S. citizens would still be required to obtain a visa to travel to the United States, or show that they are eligible for admission pursuant to the terms of the Visa Waiver Pilot Program (VWPP). Persons who wish to renounce U.S. citizenship should be aware of the fact that renunciation of U.S. citizenship may have no effect whatsoever on his or her U.S. tax or military service obligations. 

 

Furthermore, citizenship is a status that is personal to the U.S. citizen. Therefore parents may not renounce the citizenship of their minor children. Similarly, parents/legal guardians may not renounce the citizenship of individuals who are mentally incompetent. Minors seeking to renounce their U.S. citizenship must demonstrate to a consular officer that they are acting voluntarily and that they fully understand the implications/consequences attendant to the renunciation of U.S. citizenship.

 

Finally, those contemplating a renunciation of U.S. citizenship should understand that the act is irrevocable, except as provided in section 351 of the INA (8 U.S.C. 1483), and cannot be canceled or set aside absent successful administrative or judicial appeal.

 

 

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