Q: Do I lose US citizenship after death?
Hello. I'm wanted in the USA. While I was on bond I managed to get out of the country because I was very scared of consequences(prison). In that foreign country I've bought a fake death certificate and mailed(under different name) it to US court that handles my case(very stupid idea). Right now I'm planning to return to US to face justice. I'm wondering if my passport was cancelled and citizenship stripped because of my "death"? On clerk of courts website my case is still open and that "death certificate" was never attached to my case. Did I lose my US citizenship (by naturalization) ? Thank you.
A: You’re going to want to hire an attorney now to negotiate several things. People make mistakes. Feel free to reach out to me (or any other Justia attorney who handles these matters to help you with your situation. My contact information is in my profile. Don’t just “face the music,” without a proper defense set up.
1 user found this answer helpful
A: Also, depending on the crime and the country you’re in you may be arrested at the airport. Definitely contact an attorney (Perhaps you still have your attorney from your original case?) to arrange your surrender and discuss this matter with you. Without more information that’s the best I can suggest.
1 user found this answer helpful
A:
This question requires a lot of research. First, if you are coming back on your real passport, you will likely be stopped at the airport because there is a federal detainer on you. Second, it seems that the U.S. Attorney's Office/Court either never received your death certificate or they do not believe it to be authentic. Typically, it is the defense attorney who alerts the prosecutor to the client's death and the prosecutor then orders the death certificate from the appropriate agency. That way, similar situations are avoided. Third, an immigration attorney is best suited to advice you what happens to your citizenship in this situation. Your situation appears to be unique and not something I've ever come across in my criminal practice.
You should retain a criminal attorney before you come state-side. Even if for no other reason than to alert the prosecutor that you are coming back, so they pull your file from storage. Otherwise, that may result in delays with getting your bail/bond situation figured out. Please call any criminal defense attorney for a consultation. You need solid guidance and a plan for coming back.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
