As such, it is not an immigration case, although it is an immigration status. Under normal circumstances, U.S. citizenship can`t even be revoked — and when it does, it does so within limited exceptions. A person may voluntarily renounce his or her status, he or she has illicitly acquired his or her citizenship or has been forcibly expatriated. Renunciation can occur when a citizen is convicted of treason or participates in an attempt to overthrow the U.S. government, or when a citizen formally renounces citizenship in the United States. These provisions often stem from international treaties that prevent governments from rendering people stateless and limit the ability of individuals to voluntarily become stateless. [4] Article 7 of the Convention on the Reduction of Statelessness states that „renunciation of nationality shall be subject to the acquisition or possession of another nationality.“ However, this is not considered a mandatory rule binding on non-signatories to the Convention. As with other types of court proceedings, people whose citizenship is revoked can appeal the decision if there is reason to believe that the lower court erred in law. In addition, persons threatened with expatriation are not considered to be a „concealment“ of relevant facts if no investigation has taken place or if there is no evidence of deliberate concealment of relevant facts. The experienced lawyers at Scott D. Pollock & Associates, P.C. are here to represent you and answer any questions you may have about citizenship and expatriation.
With over 70 years of combined experience in immigration law, we can and will help you with citizenship, naturalization and expatriation issues. Call us at 312.444.1940 or fill out an online contact form today. If you`re an expat, you`ve never really been a U.S. citizen in the eyes of the court. Since your citizenship was illegal, your citizenship will be revoked and you will never be considered a citizen. Talk to your immigration lawyer to find out if you are applying for citizenship today or if your citizenship will be revoked by expatriation or for other reasons. If a person loses citizenship under paragraph 349(a), a certificate of loss of citizenship will be issued. A person may argue that he or she did not commit the act with the intention of renouncing citizenship. The courts have struck down some attempts to renounce U.S. citizenship for a variety of reasons, described below. Finally, those considering renouncing U.S. citizenship should understand that the law is irrevocable, except as described in INA Section 351 (8 U.S.C.
1483), and cannot be repealed or repealed unless there is a successful administrative review or judicial appeal. Section 351(b) of the INA provides that an applicant who applies to his or her U.S. citizens before the age of eighteen (or who has citizenship in certain foreign military services before the age of 18). He may recover this nationality if he informs the Ministry of Foreign Affairs within six months of the age of eighteen. See also Title 22, Code of Federal Regulations, Section 50.20. An experienced immigration attorney can be helpful if a person is facing expatriation proceedings or if a family member is concerned about their status in the context of a person`s expatriation. Justia offers a directory of lawyers to facilitate searching, comparing and communicating with lawyers who meet your legal requirements. Expatriation has attracted more attention in recent years with the creation of a „Denaturalization Working Group“ by the federal government. However, this program will likely target only a very small number of foreign nationals who have concealed a serious criminal record or committed immigration fraud during the immigration process.
Expatriation can only take place if a citizen has illegally obtained citizenship while not eligible, or if he has committed fraud to obtain citizenship. The federal government may initiate civil or criminal proceedings in federal court to denaturalize a citizen. Diplomatic or consular officials that they understand the consequences of renunciation and that they do not renounce their U.S. citizenship under duress or undue influence. Minor children can have their U.S. citizenship restored by notifying DOS within 6 months of their 18th birthday. In what three ways can the United States.
