Left US for indefinite period 4 months after citizenship cermony - will I lose US citizenship?

L

luasaigh

New Member
I am a naturalized US citizen (cermony in March 2001). I left the US in July 2001 - I returned to my country of birth (where I am still a citizen), and I am still here for an indefinite period.

My wife (not a US citizen) and I are expecting our second child in May 2002 (our first child was born in the US). Hopefully the remainder of the pregnancy will go well. We would like to register the birth of this child with the US Embassy and therefore establish his/her US citizenship.

However, I am concerned that notifying the US Embassy that I departed the US indefinitely so soon after being naturalized could result in them revoking my naturalization. Does anybody know how big the risks are, and what the best course of action is in this situation?

At the time of the cermony I really did intend to remain in the US. However, soon afterwards I became concerned about my father\'s health and I returned to my country of birth as a result (my father died in January 2002). We do intend to return to live in the US in a number of years time.

Any information or advice related to this matter is greatly appreciated.
Thanks.
 
Follow on question

Thanks for such a quick reply Joe!

I just want to press it a little further:

I saw that change in law (from my amateur-reading of the INA). However, my reading of the law (amateur again!), and some consular procedures referenced on the INS/StateDept web sites, was there might be a presumtion in my case that my citizenship application was fraudalent - a presumption that I had not intended to reside in the US. Now, this is not the case - but I\'d be concerned about my ability to successfully overcome such a presumption.

Or am I being too paranoid? - maybe these procedures exist but are very rarely used?

As a safety-first strategy, I was thinking about waiting a couple of years before contacting the Embassy here about registering the foreign birth (and hence US citizenship) of my child - on the off-chance that a consular officer might be less likely to review my naturalization at that stage.

Or maybe I really shouldn\'t worry at all?

Thanks for your opinion, and indeed the opinions of any others.
 
JoeF

Dear JoeF,

Have you obtained your Citizenship of USA ? curious to find out what are the typical questions asked at the interview for Naturalization and how long in general will it take from the FP - Interview to Oath in New York City ?

Thanks a bunch,
Sanj
 
No Title

Yes (USA).

Typical interview questons are at www.ins.usdoj.com (there is a naturalization section in there - very easy to find - I learnt every single one off-by-heart).

It took me 14 months from FP to Oath in Chicago.
 
No Title

I think you are right in the presumption thing. As a general rule if you take residence elsewhere within 1 year of naturalization, there is a presumption you dont intend to reside in the US.but i think after 1 year it is ok.it is kind of like leaving the sponsored employer right after getting the green card in the employment based category.since this type of cases are very rare, it is better to seek an lawyers advice,having experience in naturalization.
 
JoeF is the guru here, but....

an amateur reading...

I read somwhere that the citizenship (can) be revoked if the person does not reside in U.S. for 1 year after obtaining it.

Now, there might be N-number of pre and post clauses to it, like informing INS about your reason for staying out of U.S (emergency, job etc).

I suggest you get a good lawyer\'s suggestion before you proceed to Embassy.
 
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