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Naturalized citizens getting removed?

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  • Naturalized citizens getting removed?

    Immigration holds are placed on people they assume or know are non-citizens. The burden is unfortunately on you to prove that he is a citizen. You can obtain a copy of his naturalization certificate from DHS. You may need a notarized affidavit from him, but all you have to do is mail the form to him and have him notarize it and send it back to you. All jails and prisons provide inmates with notary service. I would recommend having the certificate mailed back to you so that it is not lost.

    Another form of proof would be for him to reapply for a new passport. Again, you can prepare the forms for his signature and pay the fee for an expedited processing.
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  • #2
    BUT, Being naturalized protects you from being removed, because citizens and nationals of the U.S. cannot be removed.

    There are certain ways that a person who has been naturalized can be stripped of his citizenship

    DHS has not routinely ignored Zadvydas v. Davis. Please do not just post something here without any facts to support it. Unless the person is deemed a danger to society or himself, he is always released within that six month period. The exceptions are so few and far between that they are almost not worth considering. Any attorney worth his salt can get his client out on a Writ of Habeas Corpus once that six month deadline approaches. DHS knows this - and does not keep people past that period.

    Your second statement about people being detained indefinitely from Vietnam makes no sense and contradicts Zadvydas. People from countries like Iran, Cuba, Vietnam, Laos, etc. cannot be removed in any case. So it would make no sense that their country was stripping them of citizenship. And it would not matter one bit. People from countries like Vietnam are simply let back on the streets within that six month period.

    As far as losing US citizenship, there are really only seven basic ways this can happen, and committing a felony is not at all one of them, unless that felony happens to be treason:

    1. Being naturalized in a foreign country, upon the person’s own application made after reaching 18 years of age;

    2. Making an oath or other declaration of allegiance to a foreign country or division thereof, again, after reaching 18 years of age;

    3. Serving in the armed forces of a foreign country if those armed forces are engaged in hostilities against the US, or if the person serves as an officer;

    4. Working for the government of a foreign country if the person also obtains nationality in that country, or if to work in such a position an oath or other declaration of allegiance is required;

    5. Making a formal renunciation of US citizenship before a US consular officer or diplomat in a foreign country;

    6. Making a formal written statement of renunciation during a state of war, if the Attorney General approves the renunciation as not contrary to US national defense; and

    7. Committing an act of treason against the US, or attempting by force or the use of arms to overthrow the government of the US. Renunciation by this means can be accomplished only after a court has found the person guilty.

    Most countries have these same principles, more or less, for their own citizens. There is no differentiation between jus soli (born on US soil) or jus sanguine (citizen due to blood US citizen parent) US citizens, and naturalized ones, with respect to these rules. As long as a naturalized US citizen was truthful in his application, he cannot lose his citizenship except in the above ways, for anything done after he is naturalized.

    but the only conviction that could conceivably strip of person of his citizenship is one for treason.

    For all intensive purposes, once naturalized, as long as a full and proper disclosure was made and the naturalization was not obtained through fraud, that person will remain a citizen for life unless he knowingly chooses to renounce his citizenship, or commits treasonous acts against his country (the U.S.).
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    • #3
      Everything short of naturalization still leaves open the possibility of removal. Of course, having a green card gives one additional rights, but can still be removed.

      I think the U.S. is one of the few countries that removes its "permanent" residents.

      In the end the most important two categories are:
      1. citizen
      2. non-citizen

      If you're legitimately in 1., you will never deal with immigration again. If in 2., whether immigrant or non-immigrant, you may have problems someday.
      Please read the forum rules before you post.

      And if you need extra help:
      Modee Tech Support

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