residence requirement for naturalied citizen living aboard to maintain their citizenship？

R

rxonyc

Registered Users (C)
Guys, Quick Qs.
I came to visit friends and family in China right after getting my US citizenship then found a job here and stayed. Now two years passed, My husband and I got married by the end of 2009 in China.
We are planning to move back to US in a year or two. Would there be any prob for me, since I left US right after becoming citizen for two years straight? BTW, I don't think I'll have time to go back to US in the coming one year or two as well due to my job in China. Is there some sort of residence requirement for naturalied US citizen living aboard to maintain their citizenship?

P.S.Filing oversea income seems quite key in terms of maitain your citizenship for those who lived aboard from what I heard.
Please answer. Thanks in advance.
 
rxonyc said:
Guys, Quick Qs.
I came to visit friends and family in China right after getting my US citizenship then found a job here and stayed. Now two years passed, My husband and I got married by the end of 2009 in China.
We are planning to move back to US in a year or two. Would there be any prob for me, since I left US right after becoming citizen for two years straight? BTW, I don't think I'll have time to go back to US in the coming one year or two as well due to my job in China. Is there some sort of residence requirement for naturalied US citizen living aboard to maintain their citizenship?
Click to expand...

There used to be such law that says de-naturalization can be done if teh naturalized citizens take up residence outside USAS within one year of naturalization. That law is still reflected inyour certificate because you can read that
it says th eperson intended to reside in USA as prerequisite for naturalization. But that law was repealled a long time
ago. SO you are a citizen and do not woryy about losing yoru US citizenship in this respect.

rxonyc said:
P.S.Filing oversea income seems quite key in terms of maitain your citizenship for those who lived aboard from what I heard. Please answer. Thanks in advance.
Click to expand...

There is no such requirement. You are required to report overseas income and pay SS taxes etc
as required by law but that is not precondition to keep your citizenship. If you do not file,
you may get prosecuted and sentenced to prison fo rmany years but you will NOT lose your
US citizenship for that. They are two seperate issue. For example, Steven N.S. Cheung (Zhang Wuchang),
a famous Hong Kong-American economist was still wanted by FBI for tax problems and he is still hiding in
China but he was not deprived of his US citizenship.

http://en.wikipedia.org/wiki/Steven_N._S._Cheung


There are other post-naturlization activities that can lead to de-naturalization. Failure to maintain One year residence after naturalization
used to be one of them but that law was repeated as mentioned above. Other activities includde joining communist party
and anarchist party within 10 years of naturalization (*). I think these laws are still effetive.

(*) This is different from past memebership before natural;ization or GC.
 
Last edited by a moderator:
WBH and Bobsmyth,

I have seen both of you, arguing like Defence lawyer and Prosecutor since last year.

It's good to have this healthy competition here for sake of better understanding of law by layman like us :)
 
The certificat e says:

"The secratary having found that the "name of applicant" then residing in the United States, INTEND to RESIDE IN THE UNITED STATES when so required by the naturalization laws of the United States".

These wording reflected residence requirements which are obsolete now
 
I read this from The-Court TV Cradle To Grave Legal Survival Guide (1995 The American Lawyer/Little, Brown and Company)

Can a naturalized citizen be deported from the U.S.

Yes, but only after the person is "denaturalized" - stripped of U.S. citizenship. Denaturalzieation proceedings are initiated if a person

- obtained citizenship illegally, by concealing or mispresenting a material fact
- takes up residence in a foreign country within one year of naturalization
- becomes affiliated with a subversive, Communist, or anarchist organization within five years of naturalization (Merely expressing anarchist views, however, is not cause for denaturalization.)

(I think the second criteria is obsolete because the law was repealed)


http://search.barnesandnoble.com/Th...Legal-Survival-Guide/Court-Tv/e/9780316036634
 
thanks

Dear Bob and WBH:
thanks a lot for you guys' help. So let me get this straight:
Although there used to laws or provisions indicated that De-Naturalization may happen to someone like me back in old days, it will NOT actually happen to me in my case since all related regulations were either repealed or obsolete long time ago.
Do I get this right?
We'll apply immigration visa for my husband later this year. Wish everything will go well and we can move back to US in couple years.
 
rxonyc said:
Dear Bob and WBH:
thanks a lot for you guys' help. So let me get this straight:
Although there used to laws or provisions indicated that De-Naturalization may happen to someone like me back in old days, it will NOT actually happen to me in my case since all related regulations were either repealed or obsolete long time ago.
Do I get this right?.
Click to expand...
Correct.
 
rxonyc said:
We'll apply immigration visa for my husband later this year. Wish everything will go well and we can move back to US in couple years.
Click to expand...
Although there are no longer any requirements to live in the US to keep your citizenship, there is a requirement to live in the US to sponsor a family member for a green card. Unless the consulate in China accepts Direct Consular Filing, you will have to move back to the US first before you can file for your spouse.
 
Im not 100% clear on how exactly it works, but big cities in China, like Beijing or Shanghai, may accept and forward your DCF...
 
You must log in or register to reply here.
Top