Can I lose my US citizenship

M

madhu4321

New Member
Has my US citizenship been lost?

may 2009: Naturalized.
2009- jan 2013: resided in the US.
jan 2013: moved out of US to India using OCI card. Intent was temporary but did not inform state govt.
dec 2013: registered a small proprietorship in India.
jan 2016: Plan to visit US (or move there if possible)

So I have been continuously out of the US for 3 years.
I do not own any property in the US
All my family is in India.

2015: Bought a house in India (bought only for investment. Not living there.).

I have been paying US taxes and filing FBAR with the US dept of treasury every year as non resident(expat).
Have I lost my US citizenship?


This is what is worrying me:-


UNITED STATES of America, Plaintiff-Appellee vs Parviz BANAFSHE


13
(d) If a person who shall have been naturalized shall, within five years after such naturalization,
return to the country of his nativity, or go to any other foreign country,
and take permanent residence therein, it shall be considered prima facie evidence of a lack of intention
on the part of such person to reside permanently in the United States at the time of filing his petition
for naturalization, and, in the absence of countervailing evidence,
it shall be sufficient in the proper proceeding to authorize the revocation and setting aside of the order
admitting such person to citizenship and the cancellation of the certificate of naturalization as having
been obtained by concealment of a material fact or by willful misrepresentation, and such revocation and
setting aside of the order admitting such person to citizenship and such canceling of certificate of
naturalization shall be effective as of the original date of the order and certificate, respectively.


Thanks,
Madhu
 
You are talking about the former INA 340(d), which was repealed by the Immigration and Nationality Technical Corrections Act of 1994.
 
Thanks cafeconleche and newacct.

1.Can you provide me links to the repeal ?
2. I also heard that the 5 years requirement was changed to 1 year later before it was repealed. Is this true?
3. (being paranoid). Assuming this law about the 5 year requirement is reenacted and applied retroactively, will the tax filings and US bank accounts be sufficient to show that I always indented to retain US citizenship?
 
1. I am not sure what links you want. 7 FAM 1220 Appendix D talks about the repealed section. You can look at the original 1952 INA act, section 340(d) (on page 99 of PDF), which sets the 5 years. You can look at the 1986 Act, section 17 (on page 4 of PDF), which changes it to 1 year. And you can look at the 1994 Act, section 104 (on page 4 of PDF), which repeals the section.
2. It's true
3. No, because intending to reside permanently in the US is no longer (after 1994) a requirement of naturalization. The Immigration and Nationality Technical Corrections Act of 1994 also repealed that requirement (See section 104 of the Act, above). So you cannot be found to have fraudulently naturalized by reason of not intending to reside permanently in the US, if that was not a requirement of naturalization at the time you naturalized, no matter how the law changes in the future.
 
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