The 2004 USCIS "document" is a summary report. It's not binding on anyone. Footnote 200 cites a manual and a textbook - neither of those are legally binding. The sections cited for the repeal are from the statute (to be technical, an act that amends the Immigration and Naturalization Act, "INA"). Statute is legally binding.
Losing Citizenship - residence in a foreign country within 5 years!?
- Thread starter im50
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The 2004 USCIS "document" is a summary report. It's not binding on anyone. Footnote 200 cites a manual and a textbook - neither of those are legally binding. The sections cited for the repeal are from the statute (to be technical, an act that amends the Immigration and Naturalization Act, "INA"). Statute is legally binding.
The Adjudicator's Field Manual isn't flawless; it's a guide on how applications should be handled by adjudicators. Ultimately, immigrations laws are what count when it comes to interpretations in a court of law, including repealed rules that may be referenced in USCIS publications.
So the main point is what? Is the naturalization citizen can live in other country?
Is this ok?????
Thanks. Huracan.
And I have one more question, what if a woman is a naturalized citizen and she has a baby will be born in another country. Is she/he gonna be a US citizen?
Or the baby has to be born in US?
THnaks
If the child is born to one one USC parent, there are additional requirements for the parent's length of US physical presence before automatic citizenship is conferred on the child. Most of the time however, a child born to a naturalized USC would become a USC themselves due to the length of time is took for the parent to become a citizen.
Now the question is not if someone can live in another country after getting naturalization, but what happens if one gets another countries citizenship after being naturalized? That I thought still is grounds for terminating your US citizenship. Or has that been repealed too?
Well Triple_Citizen I think is his name holds 3 different Citizenships. I don't know where he lives so obviously you can have more than one Citizenship as long as the country allows it.
When it comes to living in another country, I really don't know but I don't see why that would be a problem. We now (meaning US Citzens) have the same rights pretty much as born US Citizens and there are plenty who lives somewhere else.
Am I right ?
When it comes to living in another country, I really don't know but I don't see why that would be a problem. We now (meaning US Citzens) have the same rights pretty much as born US Citizens and there are plenty who lives somewhere else.
Am I right ?
Triple Citizen
Registered Users (C)
Thanks for your response. So is this mean I am already lived in US for 5 years and became a citizen. If I have a baby in another country, she/he is a citizen? right?
Thnaks
Triple Citizen
Registered Users (C)
Most likely. Just bear in mind, when you approach a US consulate for the child's Consular Report of Birth Abroad, the burden of proof will be on you. It is not hard though 
This is only true if the child has not acquired citizenship automatically under INA 320. The parent's physical presence requirement is only stipulated in INA 322. In other words, a child born outside the US to at least one US parent shall automatically become a citizen if the child is brought back to the US by the citizen parent (who resides in the US) and obtains lawful permanent residence.
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Once you are a US citizen and give birth to a child outside the US, the child can obtain US citizenship by either
a) becoming a lawful permanent US resident in the legal and physical custody of the US parent residing in the US
b) the US parent applying for naturalization for the child abroad as long as the US parent has been physically present in the US for at least 5 years, (at least 2 of those years after the age of 14.) and the child is in the US on a temporary status (B2 visa for citizenship interview).
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