Leaving your country of birth could be one of the most difficult decisions you could ever make. Moving to the United States and finally getting permanent residence (“Green Card”) or even citizenship is a dream come true for many people. A legal status has many benefits such as working and living in the country permanently with a feeling of confidence and safety. But did you know that it is actually possible to lose your legal status in the United States?

The American immigration authorities could deprive any person of his or her legal permanent residence or citizenship when they have committed certain acts and under certain circumstances. For example, if you committed fraud in order to obtain your residence, or if you lied to become a citizen. These cases have increased in the past few years, and people have lost their legal status in the country.

For you to have a better idea of what it means to be a citizen, we will explain it to you according to the United States Citizenship and Immigration Services (USCIS). Being a citizen means that you pledge “allegiance” to the Constitution and that commitment is meant to be total.  In exchange, you receive many rights and privileges along with your citizenship. That is why you should be careful not lose the advantages that the American citizenship grants.

You may now wonder: What happens if I lose my legal status? Do I have to leave the United States? Can you lose a work permit also? The answer is yes. You can lose all of your privileges as an immigrant, if you are involved in some particular illegal activities or because you renounce to your legal status.

It is very important to know what to do if you face a situation that could lead to you losing your legal status beforehand. The best possible way to protect yourself is by hiring a competent immigration attorney who could help you navigate through the legal system successfully. 

Under what circumstances can I lose my residence or citizenship?

There are many reasons why you could lose your American citizenship. When you look at the United States Immigration and Nationality Law, you can find the following reasons: 

• When you become a citizen of a different country to the United States after you turn have reached the legal age. 
• If you swear your allegiance to a country other than the United States after you are 18 years old.
• When you serve in the armed forces of another country.
• By offering to work for another country after he or she has reached legal age. It would be necessary to prove whether the person has double citizenship and if they take an oath pledging allegiance to that nation in order to get the job. 
• If you are convicted for treason.
• If you are convicted for trying to overthrow the American government.
• When you voluntarily renounced to your American citizenship.

What happens after you lose your residence or citizenship? This is, without a doubt, a devastating blow to your stability because you would lose all the rights and benefits that the American citizenship granted you. In fact, a person who loses his American citizenship is considered to be stateless person by the US government, and therefore loses much of the protection he had by law.

Another aspect that you need to keep in mind is that if you renounce or lose your citizenship, this does not necessarily mean that you as a foreign citizen will be tried for crimes in American soil. It does not exempt you from paying taxes or from any other financial obligation you may have.

When is your citizenship NOT at risk? 

American authorities acknowledge that you will not lose your citizenship under the following circumstances:

• When you serve in the armed forces of a country that is not a rival of the United States.
• If you work in a position that is not related to politics.
• There is an alliance with another country

There is no risk of losing your citizenship if you fall into any of those three categories. However, it is likely that if you are in the process of renewing your passport, or exercise your right to vote, you might be asked if you wish to abandon your citizenship.

If you did actually want to voluntarily give up your citizenship, and you are in United States territory, you would need to go to the Department of Homeland Security. If you are in another country, you would need to go to a United States consulate or embassy in that country. As part of the process to renounce your citizenship you need to prove that the action of giving up your citizenship is voluntary, and the goal is to lose your citizen status.

The authorities acknowledge that there are in fact good reasons for a person to lose his citizenship when he serves in the armed forces of a country that is an enemy of the United States. When he holds a government position in another country, or when that person is has been accused of a coup d’etat. If any of those conditions are met, the consulate or embassy in charge will verify the information given and give effect to the request of renouncing to his citizenship.