Many U.S. citizens enjoy traveling abroad and living outside of the United States for either work or pleasure. However, you may be concerned about losing your U.S. citizenship depending on how long you plan on living abroad. Although U.S. citizens have many rights and benefits, losing their citizenship is a possibility. So, if you are currently living abroad or plan to do so, you should be aware of when you could risk losing your citizenship. So, keep reading to find out everything you need to know about losing U.S. citizenship while overseas and when this could happen.
Living Abroad as a Naturalized Citizen: When You Could Lose Citizenship
One of the many benefits of being an American citizen is the ability to travel abroad. As long as you follow the correct legal processes, U.S. citizens aren’t limited regarding where they want to go or how long they want to stay. So, there is no risk of losing your U.S. citizenship by living abroad, as there is no time limit.
With that being said, there are certain actions that could result in you losing your U.S. citizenship.
Voluntary Renunciation
There are some instances where you may choose to revoke your citizenship if you are living abroad. To do this, you will have to sign an oath to renounce your U.S. citizenship at the U.S. Embassy or consulate within the country where you are living.
Keep in mind that voluntary renunciation is a very serious decision that isn’t reversible. Once you do this, you will no longer have any of the benefits of being an American citizen and will have to obtain a visa if you wish to return to America. Also, you must become a citizen of another nation so that you do not become stateless.
Doing Something Against the Loss of Nationality Statute
The United States has a loss of nationality statute that outlines certain actions that could result in a citizen losing their legal citizenship. However, for any of these actions to result in the loss of your citizenship, you must have done so with the intention of relinquishing United States nationality.
Here are some actions that could fall under the loss of nationality statute:
- Joining the government of a foreign state.
- Joining the military of a foreign state.
- Committing treason or other intentional acts against the U.S. government.
- Becoming a naturalized citizen of another country after turning 18.
As you can see, these are all intentional acts, usually committed with the understanding that you are giving up your U.S. citizenship and becoming loyal to a different nation. So, there is no risk of you accidentally doing something while living abroad that could fall under the loss of nationality statute.
Obtaining Citizenship Through Fraud
For those who received U.S. citizenship through immigration, you could lose your citizenship through denaturalization. Denaturalization strips you of your U.S. citizenship if it was obtained illegally through willful misrepresentation, concealment of a material fact, or fraud.
Anyone concerned about losing their U.S. citizenship through denaturalization should seek the representation of an immigration attorney.
Children Born Abroad to U.S. Citizens
If you are a U.S. citizen living abroad and you have a child, your child will also have U.S. citizenship. They will have what is called statutory citizenship, which extends citizenship from the parent to a child, even when they aren’t born on U.S. soil. This is also called derivative citizenship.
In the majority of cases, children of U.S. citizens don’t have to worry about losing their citizenship. This is something they are born with and is considered to be permanent. However, there are some residency requirements that may apply on a case-by-case basis.
Parents also need to apply for a CRBA, which creates proof of the child’s U.S. citizenship, providing them with certain protections and benefits. They may also need to apply for form N-600K, which is used for U.S. citizenship for children living outside of the United States.
What About Green Card Holders?
If you are a green card holder instead of a U.S. citizen, you are subject to slightly different rules. While you still have the right to leave the United States and live abroad, you cannot do so for more than a year at a time. If you live abroad for over a year, you will have to apply for a reentry permit with the USCIS before you leave the United States.
You can usually avoid running into issues with your green card by regularly coming back to the United States. Doing so breaks up the time you live abroad, keeping you within that one-year time limit.
Green card holders should get the help of an immigration attorney if they are planning on living outside the U.S. for six months or more. Making sure you understand the requirements is essential for maintaining your green card status, even when you aren’t living in the United States.
Hire an Immigration Lawyer Today
Do you want to avoid losing U.S. citizenship while living outside of the United States? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Will I lose citizenship if I live overseas for 10 years?
No. Constitutional citizens do not risk losing their citizenship, no matter how long they live outside of the U.S., as long as they don’t renounce their citizenship or knowingly commit disqualifying acts.
What’s the difference between giving up a green card vs. citizenship?
Green cards are legal documents providing you with legal status and benefits in the United States. Because these are legal documents, they must be maintained long-term to avoid having your green card status lapse. Whereas U.S. citizenship is permanent and will only be lost in very specific circumstances.
Can my children lose their citizenship?
Possibly, if they do not meet the physical presence requirements.
