Can a U.S. Citizen Lose Their Citizenship by Living Abroad and Becoming a Citizen of Another Country?

For a long time, the U.S. government held that a person who was born a U.S. citizen and subsequently obtained citizenship of another country could have their U.S. citizenship involuntarily revoked. However, this has since changed. In a landmark court case, the interpretation of U.S. citizenship law was revised, stating that U.S. citizenship cannot be lost involuntarily. Instead, a U.S. citizen can only lose their citizenship if they voluntarily perform an expatriating act, such as acquiring another citizenship with the intention of relinquishing their U.S. nationality.

As a result, individuals whose U.S. citizenship was previously deemed to have been lost have had their status retroactively reinstated. However, the State Department and the courts still play a key role in determining an individual's intention. In some cases, it has been possible for the State Department to decide that a person intended to lose U.S. citizenship when they acquired another citizenship, even if their intention was ambiguous.

Current U.S. Citizenship Law

Currently, U.S. citizens do not lose their citizenship merely by moving abroad and becoming a citizen of another country. This rule changed in 1990, when the U.S. State Department began assuming, by default, that U.S. citizens do not intend to relinquish their nationality when they naturalize in another country. This presumption stands unless a U.S. citizen explicitly and voluntarily informs a U.S. consular officer of their intention to relinquish U.S. nationality and subsequently applies for a certificate of loss of nationality.

This means that unless an individual formally renounces their U.S. citizenship with intent, their U.S. citizenship status remains unchanged. Even if they serve in the armed forces of a country that is not hostile to the U.S. or take up non-policy government employment in another country, their U.S. citizenship status will not be altered.

Important Considerations and Exceptions

While the general principle holds that U.S. citizens do not lose their citizenship by living abroad and becoming a citizen of another country, certain actions are still considered potentially expatriating. These actions include:

Service in a foreign military: If a U.S. citizen serves in the armed forces of a country that is not at war with the U.S., their U.S. citizenship status may be affected. However, this is an exception and is not typically grounds for automatic loss of citizenship. Non-policy government employment: Working for the government of another country in a non-policy position may also be considered an expatriating act under certain circumstances.

These actions alone do not necessarily result in a loss of U.S. citizenship, but they do require careful consideration and compliance with U.S. legal requirements.

Conclusion

The current U.S. citizenship law clearly states that a U.S. citizen cannot lose their citizenship involuntarily by simply living abroad and gaining citizenship of another country. However, the State Department and the courts play a significant role in determining whether an individual’s intention to relinquish U.S. citizenship was present. It is crucial for U.S. citizens to understand the nuances of U.S. citizenship law and to seek legal advice when making important decisions about their citizenship status.

Remember, maintaining your U.S. citizenship requires awareness and compliance with the regulations set forth by the U.S. government. Whether planning to live abroad for extended periods or taking on government roles abroad, it is essential to stay informed and ensure that any actions do not inadvertently result in losing your U.S. citizenship.