Naturalized citizen staying abroad

[usa1999]

How long the Naturalized us citizen can stay abroad? Is there any time frame?
some one told me that naturalized u.s.citizen can not stay more than 6 month
abroad? otherwise u.s. government will revoke u.s. citizenship?

[BigJoe5]

Not a nice thing to do--watch out for the State Department abroad, they are watching

Unfotunately that section of the law that would have immediately led to the denaturalization of a person who grabs citizenship and takes off out of the country was repealed. But, now cases are made under current 340 (a) INA on the grounds that naturalization was obtained by concealing or misrepresenting material facts in order to obtain a benefit from the Immigration and Nationality Act.

Read on............

http://ftp.resource.org/courts.gov/c/F2/616/616.F2d.1143.78-2685.html

See this excerpt:

616 F.2d 1143
UNITED STATES of America, Plaintiff-Appellee,
v.
Parviz BANAFSHE, Defendant-Appellant.
No. 78-2685.
United States Court of Appeals,
Ninth Circuit.
April 10, 1980.


* Under 8 U.S.C. § 1451(d): [ former 340(d) INA]

(d) If a person who shall have been naturalized shall, within five years after such naturalization, return to the country of his nativity, or go to any other foreign country, and take permanent residence therein, it shall be considered prima facie evidence of a lack of intention on the part of such person to reside permanently in the United States at the time of filing his petition for naturalization, and, in the absence of countervailing evidence, it shall be sufficient in the proper proceeding to authorize the revocation and setting aside of the order admitting such person to citizenship and the cancellation of the certificate of naturalization as having been obtained by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively. The diplomatic and consular officers of the United States in foreign countries shall from time to time, through the Department of State, furnish the Department of Justice with statements of the names of those persons within their respective jurisdictions who have been so naturalized and who have taken permanent residence in the country of their nativity, or in any other foreign country, and such statements, duly certified, shall be admissible in evidence in all courts in proceedings to revoke and set aside the order admitting to citizenship and to cancel the certificate of naturalization.


By introducing the affidavit of the vice-consul in Iran, the Government established that Banafshe became a permanent resident of Iran.1 Having established this basic fact, it relied on the statutory presumption for prima facie evidence of Banafshe's lack of intent to become a permanent citizen when he applied for naturalization. Under the operation of the statute, Banafshe was then required to produce sufficient countervailing evidence to rebut this presumption. Banafshe contends that the statutory presumption is unconstitutional because it eliminates the Government's burden to prove its case by "clear, unequivocal and convincing evidence," citing Schneiderman v. United States, 320 U.S. 118, 63 S.Ct. 1333, 87 L.Ed. 1796 (1943), and shifts the burden of proof upon him. We conclude, however, that § 1451(d) is a valid exercise of Congress' authority to enact rules of evidence and procedure.


Think before you act---also read current section section 349 INA to see what to avoid doing abroad that could lead to a loss of nationality.

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[usa1999]

U.S. Cititzenship

thanks for the response.