徵求翻譯－－李慶安美國國籍仍然有效?

感謝網友San Jose在最短的時間內翻出，譯文已在意見欄中，台灣加油！

網友投書本台，關於李慶安美國國籍是否仍然有效之問題，以英文書寫如下，本台徵求網友代為譯成漢文，以使更多國人了解（譯文請直接留言）
英文本如下：

Please translate the following document from U.S. Department of State regarding renunciation of U.S. citizenship. According to the document, Diane Lee's (Lee Ching-Ann) U.S. citizenship should be still valid because she did not explicitly renounce it before the U.S. Consulate official. Ask Diane Lee when and where did she renounce her U.S. citizenship.
By the similar instruction by the USCIS (US Citizenship and Immigration Services), Ma ying-jeou's green card (actually the permanent resident status) is still valid until he received the final and official judicial determination that his permanent resident status has been revoked. Keep asking Ma to show this final determination/notification/decision from U.S. immigration court or USCIS.

Here's documentation regarding renunciation of US Citizenship:

http://travel.state.gov/law/citizenship/citizenship_776.html

Renunciation of U.S. Citizenship

A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship:

appear in person before a U.S. consular or diplomatic officer,
in a foreign country (normally at a U.S. Embassy or Consulate); and
sign an oath of renunciation
Renunciations that do not meet the conditions described above have no legal effect.

USCIS and US IRS rules regarding green card (permanent resident status). Please emphasize the information is from official US Embasy and IRS (Internal Revenue Service, the US tax authority) and therefore is the official and authoritative answer. In other words, US government granted/issued the citizenship and permanent resident status (green card, it is also the US government that decide whether the citizenship (or permanent resident/green card) is valid or not. The individual permanent resident (green card holder) or citizen such as Diane Lee and Ma Ying-jeou do not have the legal right to decide whether their citizenship status or permanent status is invalid or valid because they are not US government official or judges in the US immigration court.

Here's the info from US IRS and USCIS regarding green card (permanent resident).

U.S. Green Card/Permanent Resident Status

Three ways a Green Card became invalid:
1) The permanent resident surrendered green card to the US government when the the person became a naturalized U.S. citizen.
2) The permanent resident received an official notice from the U.S. Citizenship and Immigration Service (USCIS ) that there has been a final administrative or judicial determination that the green card has been revoked or abandoned. This notice can happened AFTER the following situations: a) The permanent resident abandoned his/her permanent resident status by completing the I-470 Form and surrendered the green card to USCIS officer. b) The permanent resident status was terminated or revoked by USCIS.

The first paragraph in page 2 in
http://www.irs.gov/pub/irs-pdf/p4588.pdf

If you’ve surrendered your green card, this doesn’t necessarily mean that your status as a lawful permanent resident has changed. Your status will not change unless and until you get an official notice from the U.S. Citizenship and Immigration Service (USCIS ) that there has been a final administrative or judicial determination that your green card has been revoked or abandoned. You can contact the USCIS to check the status of your card.

Here are the questions and answers regarding green card and permanent resident status
provided by the USCIS (US Citizen and Immigration Services) in Norway. I believe the AIT
(American Institute in Taiwan) should have the same rules. "Do I have to file" in some of the questions means "Do I have to file U.S. taxes". So another important issue is whether Mr. Ma filed U.S. taxes. If Mr. Ma (a green card holder) filed U.S. taxes, then Mr. Ma's permanent resident status is still valid and Mr. Ma filed taxes as a way to maintain the status. If Mr. Ma did not file U.S. taxes, then Mr. Ma violated U.S. law and may subject to persecution by U.S. tax authority (U.S. IRS, Internal Revenue Services) with the purpose of collecting the taxes owed by Mr. Ma, a Taiwanese Presidential candidate (or even the Taiwanese President if he got elected).

1. The USCIS link (in Norway):

http://norway.usembassy.gov/embassy/consular/amcit/tax.html#question6]

Do I have to file if I have (or had) a green card?
If you’ve surrendered your green card, this doesn’t necessarily mean that your status as a lawful permanent resident has changed. Your status will not change unless and until you get an official notice from the U.S. Citizenship and Immigration Service (USCIS) that there has been a final administrative or judicial determination that your green card has been revoked or abandoned. You can contact the USCIS (www.uscis.gov) to check the status of your card.

What if my green card has been returned to the U.S. government?
If you’ve surrendered your green card, this doesn’t necessarily mean that your status as a lawful permanent resident has changed. Your status will not change unless and until you get an official notice from the U.S. Citizenship and Immigration Service (USCIS) that there has been a final administrative or judicial determination that your green card has been revoked or abandoned. You can contact the USCIS(www.uscis.gov) to check the status of your card.
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What if I have been absent from the U.S. for a long period of time?
Your tax responsibilities as a green card holder do not change if you are absent from the U.S. for any period of time. Your income tax filing requirement and possible obligation to pay U.S. taxes continue until you either surrender your green card or there has been a final administrative or judicial determination that your green card has been revoked or abandoned. Therefore, even if the U.S. Citizenship and immigration Service (USCIS) no longer recognizes the validity of your green card because you have been absent from the United States for a certain period of time or the green card is more than ten years old, you must continue to file tax returns until there has been a final determination that is not subject to appeal that your green card has been revoked or abandoned.

How do I give notice to the Department of Homeland Security that I terminated my residency status?
You will be considered to have given notice of a termination of residency to the Secretary of Homeland Security as of the date that you complete Form I-407 (Abandonment of Lawful Permanent Resident Status) at the Embassy.

Do I have to file if I surrender my green card?
Generally, if you surrender your green card during the taxable year, your tax status as a resident alien will terminate on the last day of that calendar year. However, if you can establish that, for the remainder of the calendar year, your tax home is in a foreign country or you maintain a closer connection to that foreign country than to the United States, your residency termination date will be the date you surrender your green card.
If you are a resident of the United States because you meet both the substantial presence test for the taxable year and have a green card during the taxable year, your residency termination date will be the later of the date you surrender your green card or the last day you are physically present in the United States, provided you can establish one of the exceptions above. See Pub 519 (U.S. Tax Guide for Aliens) and the instructions to Form 8840 (Closer Connection Exception Statement for Aliens) for additional information.
If you are a nonresident alien as of the last day of the year and a resident alien for a portion of the year, you should file a Form 1040NR even if you have no U.S. source income and attach a copy of Form 1040 that reflects your income for the period of the year that you were a resident alien.
Return to top
What if I am a Long-Term Resident when I surrender my green card?
If you are a long-term resident of the United States, defined as an individual who is a U.S. lawful permanent resident in at least 8 of the prior 15 taxable years prior to the termination of permanent resident status, there are special rules to comply with. Your residency termination date will not occur until you file a completed Form 8854 with the IRS and notify the Department of Homeland Security of your termination of residency, notwithstanding that for the remainder of the taxable year your tax home is in a foreign country or you have a closer connection to a foreign country. Until you file Form 8854 with the IRS and notify the Department of Homeland Security of your termination of residency, your termination of your permanent resident status for immigration purposes will not relieve you of your obligation to file U.S. tax returns and report your worldwide income as a resident of the United States. For purposes of U.S. tax rules, the date of your termination of residency will be the later of the date you notify the Department of Homeland Security or the date Form 8854 is filed with the IRS in accordance with the instructions for the form.

The following link and information is from a British (Great Britian/England) green card forum:

http://britishexpats.com/forum/showthread.php?t=426977

A ten year green card which is passed its expiration date does not mean that the holder has lost their status as a PR (Permanent Resident) just because they have not renewed the card. The card is renewable; the status is not renewable because it does not expire just because a piece of plastic does.

According to the above statement, a green card may be expired but the permanent resident status does not expire, in other words still valid.
Also please note that green card issued before 1989 does not have expiration date and therefore Mr. Ma's green card is still valid and not expired because it was issued in 1977 (according to Mr. Ma).

To convice people, make sure to show both the original English web site links and contents and the Chinese translation. Please forward this message to as many people as you can. Also encourage everyone in Taiwan to go to the wen site/links mentioned here to verify the correctness of the document.

U.S. Green Card/Permanent Resident Status

Three ways a Green Card became invalid:
1) The permanent resident surrendered green card to the US government when the the person became a naturalized U.S. citizen.
2) The permanent resident received an official notice from the U.S. Citizenship and Immigration Service (USCIS ) that there has been a final administrative or judicial determination that the green card has been revoked or abandoned. This notice can happened AFTER the following situations: a) The permanent resident abandoned his/her permanent resident status by completing the I-470 Form and surrendered the green card to USCIS officer. b) The permanent resident status was terminated or revoked by USCIS.

The first paragraph in page 2 in
http://www.irs.gov/pub/irs-pdf/p4588.pdf

If you’ve surrendered your green card, this doesn’t necessarily mean that your status as a lawful permanent resident has changed. Your status will not change unless and until you get an official notice from the U.S. Citizenship and Immigration Service (USCIS ) that there has been a final administrative or judicial determination that your green card has been revoked or abandoned. You can contact the USCIS to check the status of your card.

Here are the questions and answers regarding green card and permanent resident status
provided by the USCIS (US Citizen and Immigration Services) in Norway. I believe the AIT
(American Institute in Taiwan) should have the same rules. "Do I have to file" in some of the questions means "Do I have to file U.S. taxes". So another important issue is whether Mr. Ma filed U.S. taxes. If Mr. Ma (a green card holder) filed U.S. taxes, then Mr. Ma's permanent resident status is still valid and Mr. Ma filed taxes as a way to maintain the status. If Mr. Ma did not file U.S. taxes, then Mr. Ma violated U.S. law and may subject to persecution by U.S. tax authority (U.S. IRS, Internal Revenue Services) with the purpose of collecting the taxes owed by Mr. Ma, a Taiwanese Presidential candidate (or even the Taiwanese President if he got elected).

1. The USCIS link (in Norway):

http://norway.usembassy.gov/embassy/consular/amcit/tax.html#question6]

Do I have to file if I have (or had) a green card?
If you’ve surrendered your green card, this doesn’t necessarily mean that your status as a lawful permanent resident has changed. Your status will not change unless and until you get an official notice from the U.S. Citizenship and Immigration Service (USCIS) that there has been a final administrative or judicial determination that your green card has been revoked or abandoned. You can contact the USCIS (www.uscis.gov) to check the status of your card.

What if my green card has been returned to the U.S. government?
If you’ve surrendered your green card, this doesn’t necessarily mean that your status as a lawful permanent resident has changed. Your status will not change unless and until you get an official notice from the U.S. Citizenship and Immigration Service (USCIS) that there has been a final administrative or judicial determination that your green card has been revoked or abandoned. You can contact the USCIS(www.uscis.gov) to check the status of your card.
Return to top
What if I have been absent from the U.S. for a long period of time?
Your tax responsibilities as a green card holder do not change if you are absent from the U.S. for any period of time. Your income tax filing requirement and possible obligation to pay U.S. taxes continue until you either surrender your green card or there has been a final administrative or judicial determination that your green card has been revoked or abandoned. Therefore, even if the U.S. Citizenship and immigration Service (USCIS) no longer recognizes the validity of your green card because you have been absent from the United States for a certain period of time or the green card is more than ten years old, you must continue to file tax returns until there has been a final determination that is not subject to appeal that your green card has been revoked or abandoned.

How do I give notice to the Department of Homeland Security that I terminated my residency status?
You will be considered to have given notice of a termination of residency to the Secretary of Homeland Security as of the date that you complete Form I-407 (Abandonment of Lawful Permanent Resident Status) at the Embassy.

Do I have to file if I surrender my green card?
Generally, if you surrender your green card during the taxable year, your tax status as a resident alien will terminate on the last day of that calendar year. However, if you can establish that, for the remainder of the calendar year, your tax home is in a foreign country or you maintain a closer connection to that foreign country than to the United States, your residency termination date will be the date you surrender your green card.
If you are a resident of the United States because you meet both the substantial presence test for the taxable year and have a green card during the taxable year, your residency termination date will be the later of the date you surrender your green card or the last day you are physically present in the United States, provided you can establish one of the exceptions above. See Pub 519 (U.S. Tax Guide for Aliens) and the instructions to Form 8840 (Closer Connection Exception Statement for Aliens) for additional information.
If you are a nonresident alien as of the last day of the year and a resident alien for a portion of the year, you should file a Form 1040NR even if you have no U.S. source income and attach a copy of Form 1040 that reflects your income for the period of the year that you were a resident alien.
Return to top
What if I am a Long-Term Resident when I surrender my green card?
If you are a long-term resident of the United States, defined as an individual who is a U.S. lawful permanent resident in at least 8 of the prior 15 taxable years prior to the termination of permanent resident status, there are special rules to comply with. Your residency termination date will not occur until you file a completed Form 8854 with the IRS and notify the Department of Homeland Security of your termination of residency, notwithstanding that for the remainder of the taxable year your tax home is in a foreign country or you have a closer connection to a foreign country. Until you file Form 8854 with the IRS and notify the Department of Homeland Security of your termination of residency, your termination of your permanent resident status for immigration purposes will not relieve you of your obligation to file U.S. tax returns and report your worldwide income as a resident of the United States. For purposes of U.S. tax rules, the date of your termination of residency will be the later of the date you notify the Department of Homeland Security or the date Form 8854 is filed with the IRS in accordance with the instructions for the form.

The following link and information is from a British (Great Britian/England) green card forum:

http://britishexpats.com/forum/showthread.php?t=426977

A ten year green card which is passed its expiration date does not mean that the holder has lost their status as a PR (Permanent Resident) just because they have not renewed the card. The card is renewable; the status is not renewable because it does not expire just because a piece of plastic does.

According to the above statement, a green card may be expired but the permanent resident status does not expire, in other words still valid.
Also please note that green card issued before 1989 does not have expiration date and therefore Mr. Ma's green card is still valid and not expired because it was issued in 1977 (according to Mr. Ma).

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