Can I Lose My Citizenship If I Move to Another Country?
No. Moving to another country does not, by itself, cause you to lose U.S. citizenship, whether you were born a citizen or became one through naturalization. Citizenship can generally be lost only through certain acts done voluntarily and with the intent to give it up. At Nunez Law, our New York citizenship lawyer helps naturalized citizens and green card holders understand how a move abroad may affect their status.
Why Living Abroad Does Not End Your Citizenship
The U.S. Supreme Court has limited the government’s power to take away citizenship. In Schneider v. Rusk (1964), the Court struck down a law that stripped naturalized citizens of citizenship for living abroad for several years. In Afroyim v. Rusk (1967) and Vance v. Terrazas (1980), the Court held that citizenship cannot be taken away unless the person intended to give it up. Naturalized citizens have the same protection as citizens by birth.
Acts That Can Lead to Loss of U.S. Citizenship
Under 8 U.S.C. § 1481, a citizen may lose citizenship by voluntarily performing one of these acts with the intent to give it up:
- Becoming a citizen of another country after age 18
- Taking an oath of allegiance to a foreign country
- Serving in a foreign military that is fighting the United States, or serving as a foreign officer
- Working in certain foreign government positions
- Formally renouncing citizenship before a U.S. consular officer abroad
- Being convicted of treason or certain related crimes
Dual citizenship is generally allowed. A New Yorker who becomes a citizen of the Dominican Republic or another country usually keeps U.S. citizenship unless they intended to give it up. The State Department generally presumes that people who acquire another citizenship intend to keep their U.S. citizenship.
Can a Naturalized Citizen Have Citizenship Revoked?
A naturalized citizen can lose citizenship through denaturalization, but only through a federal court case. These cases generally involve citizenship obtained through fraud, such as hiding a criminal record or lying on the naturalization application. Moving abroad after naturalization is not a basis for denaturalization.
What U.S. Citizens Living Abroad Should Know
Keeping your citizenship still comes with obligations. U.S. citizens must use a U.S. passport to enter and leave the United States. They must also generally file U.S. tax returns on income earned anywhere in the world.
Citizens who plan to have children abroad should also understand how citizenship passes to a child born outside the United States. A child’s citizenship may depend on how long the U.S. citizen parent lived in the United States before the birth. Our earlier article explains how to obtain a certificate of citizenship for children.
Green Card Holders Face Different Risks
A permanent resident is not a citizen, and moving abroad can put a green card at risk. A trip of more than six months can raise questions at the border and may break the continuous residence needed for naturalization. If you are away for a year or more, the government may conclude that you abandoned your residence unless you obtained a reentry permit before you left. Applying for citizenship before a long move abroad can help protect your ability to return.
Talk With a New York Immigration Attorney Before You Move
If you are planning a move overseas, a consultation can help you understand what to do before you leave. Call 917-708-1072 or schedule a consultation to meet at our Manhattan office near Penn Station or by phone.