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.

3 Lawyer Answers
Victor M. Feraru
Victor M. Feraru
Answered
  • Criminal Law Lawyer
  • Mineola, NY
  • Licensed in New York

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

Victor M. Feraru
Victor M. Feraru
Answered
  • Criminal Law Lawyer
  • Mineola, NY
  • Licensed in New York

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

Elena Fast
Elena Fast
Answered
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in New York

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

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