9 Tips for Keeping Your U.S. Citizenship Despite the Changing Immigration Policies

Immigration laws and regulations are evolving. U.S. citizens, especially those living abroad, should be aware of the potential consequences that could affect their citizenship status. One of these is losing the privileges one can enjoy as a U.S. citizen.

Knowing how citizens lose citizenship will make you stay informed and prepare ahead to protect your rights. Read this guide to learn about keeping your citizenship despite the changes.

Key Takeaways:

• Losing U.S. citizenship doesn’t happen overnight. You must renounce it or commit actions with clear intent.
• You can still be a U.S. citizen without staying in the U.S. for too long, as long as you maintain ties with the country.
• Living in a foreign country may reduce the social security you’ll receive as a U.S. citizen, depending on where you reside.
• Consulting an immigration attorney is the best way to navigate the process of continuing your U.S. citizenship.

1. Think Twice About Dual Citizenship

While dual citizenship is acceptable, the Nationality Act states that voluntarily obtaining naturalization in a foreign state can result in relinquishing United States nationality. Consult your lawyer to understand the potential impact of letting go of your U.S. citizenship in favor of another.

Now that Donald Trump is back in office, people might be wondering, “Can Trump take away your citizenship?” The answer is no, since citizenship revocation is a legal process, whether you’re a natural or a dual citizen.

2. Don’t Voluntarily Renounce U.S. Citizenship

Declaring before a diplomatic or consular officer that you’re renouncing your citizenship can strip you of it. You can renounce if you’ve decided to become a citizen of another country. If you’re considering this, you need to prepare for these possible implications:

• Not having the right to enter, live, or work in the U.S. without a legal status or visa.
• Possible payment of exit tax for high-income earners, final filing of U.S. tax return, and settling outstanding taxes.
• Loss of eligibility for Social Security, Medicare, and other federal benefits.
• Possible denial of re-entry if the renouncement was made to avoid taxes.
• Ineligibility of U.S. citizenship of your future children through you.

Renouncing citizenship is irrevocable unless there’s proof that it was done under misinformation and threats. Before making an informed decision, consult your tax advisor and immigration attorney.

3. Be Careful of Foreign Government Employment

Accepting employment in military or policy-making positions in a foreign government can be seen as relinquishing U.S. citizenship. If you plan to work in a government position outside of the U.S., make sure the job doesn’t clash with your U.S. citizenship.

4. Keep Strong Ties to the United States

A strong connection to the United States helps you keep your citizenship status. It makes you American in every way possible. If you’ve been away from the U.S. for some time, you can maintain strong ties to the country by:

• Maintaining a valid U.S. passport.
• Filing U.S. tax returns yearly.
• Keeping a U.S. mailing address.
• Being engaged in U.S. civic and political activities.

Doing all of these signifies to authorities that you still want to be a U.S. citizen despite living abroad for quite some time now.

5. Protect Your Social Security Benefits

If you plan to reside in a foreign country, some parts of social security benefits may be suspended depending on where you live. Your pension may be reduced in some circumstances.

Protecting your social security benefits is a must, especially if you plan to return to the U.S. after some time or in your twilight years. Follow these steps:

• Understand Country-Specific Rules: The Social Security Administration (SSA) pays most countries but restricts payments in certain areas. Check the SSA’s Payment Abroad Screening Tool to see if your country qualifies for payment.
• Maintain Your U.S. Bank Accounts: As long as you have U.S. bank accounts, you can receive direct deposits more easily without international fees.
• Update Your Information: If you change your address, report to SSA to avoid payment delays. If applicable, provide information on your marital status, dependents, and dual citizenship.
• Don’t Be Gone for Too Long: Return to the U.S. once or twice a year so you can still receive payments.
• Beware of Pension Offsets: The Government Pension Offset can minimize benefits for survivors or spouses who get a foreign government pension.
• Keep in Touch with the U.S. Embassy: Consulates in the embassy can help you with SSA matters and verify your eligibility. Other countries may need proof of life so you can still be paid.

6. Comply with U.S. Tax Laws

Even if you’re living abroad, you must file your tax returns every year with the Internal Revenue Service. You may pay hefty penalties if you don’t meet tax obligations.

Renouncing your U.S. citizenship for tax avoidance purposes can have legal repercussions. If you want to navigate potential tax liability, you should consult a tax professional.

7. Fulfill Military Service Obligations within the Country

Serving in another country’s armed forces as a dual or natural citizen may cost you U.S. citizenship, especially if you need to swear allegiance to another nation. If you want to serve in the military, you may be better off joining the U.S. armed forces.

8. Keep Records of Interactions with U.S. Authorities

You can retain your U.S. citizenship by visiting the U.S. consulate, complying with immigration policies, and renewing your passport. Keep every record or document proving your commitment to being a U.S. citizen between all these interactions. Thorough records can be invaluable when a consular officer suddenly questions your citizenship.

9. Seek Help from an Immigration Attorney

Working with an immigration attorney as you try to maintain your citizenship is crucial, especially in situations where your status could be at risk. Here are the reasons to do it:

Clarifying Complex U.S. Citizenship Laws

Immigration lawyers can explain the intricacies of U.S. nationality laws, especially renunciation, revocation, and dual citizenship. They can also explain how employment in foreign governments and voting in foreign elections can impact your status.

Preventing Unintentional Loss of Citizenship

An attorney will help you avoid the risks of losing your U.S. citizenship and prove your intention to keep it. These steps include advising you on the possible consequences of citizenship loss and drafting a declaration of intent.

Assisting with Travel Issues

If you have passport complications or face re-entry problems because of your dual citizenship, your attorney can help you prevent citizenship abandonment issues. They can prepare the necessary documents for you.

Legal Support for Special Cases

If you’re involved in tax-related issues or international adoption, your lawyer will ensure you follow the correct legal procedures to settle your case.

Final Words

Keeping your U.S. citizenship in the fast-changing nature of immigration policies requires you to be aware and proactive. Whether you’re a naturalized citizen living abroad or hold dual citizenship, you can secure your legal status by maintaining your connections to the U.S. and paying your taxes. Following these steps can help you hold on to your U.S. citizenship and enjoy the rights and privileges that come with it.