Legal Question in Immigration Law in Mexico

reasons for denaturalization

Can a naturalized citizen be denaturalized for taking up residence in a foreign country after naturalizing. The INA reads: ''(d) [Former subsection (d) was repealed by Sec. 104(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4308, Oct. 25, 1994), applicable to persons admitted to citizenship on or after October 25, 1994 under Sec. 104(e) of that Act. Subsequent subsections were redesignated respectively by Sec. 104(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4308, Oct. 25, 1994) .] ''

Public Law 103-416 reads ''(a) IN GENERAL.--Section 338 of the Immigration and Nationality Act (8 U.S.C. 1449) is amended by striking ''intends to reside permanently in the United States, except in cases falling within the provisions of section 324(a) of this title,''.

(b) CONFORMING REPEAL.--Section 340(d) of such Act (8 U.S.C. 1451(d)) is repealed.''

I'm assuming this is where the 1 year after naturalization rule was repleaed, but can't find the text of the INA prior to this change to verify this. My wife naturalized and we later moved to mexico because of a job that I (native born citz.) was offered.


Asked on 4/16/08, 2:48 pm

1 Answer from Attorneys
LUIS ANTONIO GONZALEZ M. LAGM.com

Re: reasons for denaturalization

Before anything else, thanks for writing me at LawGuru.com

Yes. 5 years of no residence in US. But she notify to US Government about the job, is not a problem. Also, she can move to US sometimes (travel) and she can keep her citizenship because her passport contains information about that.

Any doubt or another question, let me know it please.

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Answered on 5/02/08, 9:26 pm


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