MrDub

I am having a debate with a Chinese colleague at work about dual citizenship. She tells me that the US make some new US citizens give up their previous foreign citizenship depending on what country they were from (like China for example). I, however, was always under the impression that the US does not force anyone to give up their 'old' citizenship but merely recommends against having two citizenships.

Could anyone shed some light on this!?

Thanks!

Ray

The US does not really care about other citizenships you may have
some other countries do not allow their citizens to have more than the one ..

Ray

More info here about various countries ...
http://www.opm.gov/extra/investigate/IS-01.pdf

MrDub

Thats what I thought...thanks.

sgallagher

MrDub wrote:
    > I am having a debate with a Chinese colleague at work about dual
    > citizenship. She tells me that the US make some new US citizens give up
    > their previous foreign citizenship depending on what country they were
    > from (like China for example). I, however, was always under the
    > impression that the US does not force anyone to give up their 'old'
    > citizenship but merely recommends against having two citizenships.
    > Could anyone shed some light on this!?

The answer is somewhat confusing because the answer depends on
how both citizenships were acquired and on the laws of the "other"
country.

All adults who naturalize in the US must swear an oath which contains a
statement of renunciation. However, whether this statement actually
causes loss of the original citizenship depends on the laws of the
original country. Many countries will view taking another citizenship
as causing automatic loss of their citizenship, and people from such a
country will generally lose their original citizenship when they
naturalize in the US, because the original country does not allow dual
citizenship. However, some countries do not have any prohibition on
dual citizenship and they do not view the US oath's renunciatory
statement has having any effect under their laws. So, from this type
of country's point of view, the fact that the person has acquired
another citizenship is immaterial. He still holds his original
citizesnship in addition to now being a US citizenship.

Then there are people who are born with both US citizenship and another
citizenship (usually when born in the US to a foreign parent, or born
abroad to US citizen parent).
The US does not require this type of person to choose only one
citizenship. Note, however, that sometimes the other country will
require a person to choose only one citizenship.

Additionally, there are US citizens who acquire another citizesnship
later in life, by naturalizing in a foreign country. Acquiring another
citizenship will not cause loss of US citizenship unless there is an
intention to give up US citizenship (and the State Departement presumes
that there is no such intention).

A good website with information on dual citizenship can be found at:

http://www.richw.org/dualcit/

Stephen Gallagher

Voltes34

<[email protected]> wrote in message
news:[email protected] ups.com...
    |
    | MrDub wrote:
    | > I am having a debate with a Chinese colleague at work about dual
    | > citizenship. She tells me that the US make some new US citizens give up
    | > their previous foreign citizenship depending on what country they were
    | > from (like China for example). I, however, was always under the
    | > impression that the US does not force anyone to give up their 'old'
    | > citizenship but merely recommends against having two citizenships.
    | >
    | > Could anyone shed some light on this!?
    |
    | The answer is somewhat confusing because the answer depends on
    | how both citizenships were acquired and on the laws of the "other"
    | country.
    |
    | All adults who naturalize in the US must swear an oath which contains a
    | statement of renunciation. However, whether this statement actually
    | causes loss of the original citizenship depends on the laws of the
    | original country. Many countries will view taking another citizenship
    | as causing automatic loss of their citizenship, and people from such a
    | country will generally lose their original citizenship when they
    | naturalize in the US, because the original country does not allow dual
    | citizenship. However, some countries do not have any prohibition on
    | dual citizenship and they do not view the US oath's renunciatory
    | statement has having any effect under their laws. So, from this type
    | of country's point of view, the fact that the person has acquired
    | another citizenship is immaterial. He still holds his original
    | citizesnship in addition to now being a US citizenship.
    |
    | Then there are people who are born with both US citizenship and another
    | citizenship (usually when born in the US to a foreign parent, or born
    | abroad to US citizen parent).
    | The US does not require this type of person to choose only one
    | citizenship. Note, however, that sometimes the other country will
    | require a person to choose only one citizenship.
    |
    | Additionally, there are US citizens who acquire another citizesnship
    | later in life, by naturalizing in a foreign country. Acquiring another
    | citizenship will not cause loss of US citizenship unless there is an
    | intention to give up US citizenship (and the State Departement presumes
    | that there is no such intention).
    |
    | A good website with information on dual citizenship can be found at:
    |
    | http://www.richw.org/dualcit/
    |
    | Stephen Gallagher
    |

I believe a naturalized U.S citizen who later decides to naturalize to
acquire another citizenship is bound to lose U.S. citizenship by virtue of
the conscious act of breaking his oath of allegiance when he was sworn in as
a U.S. citizen.

Folinskyinla

Hi:

The law of expatriation is not as clear as one might hope. Quite often the US would rather have people KEEP US citizenship for jurisdictional reasons. However, it is also possible that the US might be interested in keeping a particular person OUT -- the late Mier Kahane was an example. It was his assassination that prevented his expatriation case from going forward.

The Supreme's case of Kawakita had an interesting twist -- Mr. K's bad acts would have had a five year sentence as a war crime, but since he was a US Citizen, his acts were ones of treason and subject to the death penalty.

Botton line -- it is usually not an issue unless there is a reason for it to be an issue.

ian-mstm

Fortunately for the thousands who have done this exact thing, your belief does not make it true!

Ian

sgallagher

    > I believe a naturalized U.S citizen who later decides to naturalize to
    > acquire another citizenship is bound to lose U.S. citizenship by virtue of
    > the conscious act of breaking his oath of allegiance when he was sworn in as
    > a U.S. citizen.

Actually, no. The citizenship clause of the fourteenth amendment
guarantees a right of citizenship even for naturalized citizens. Loss
of citizenship would depend on having an intention to relinquish US
citizenship when taking the other citizenship. The State Department
has the burden of establishing this proof and in fact, their policy is
to presume that a US citizen who naturalizes in another country
(whether he is a US citizen by birth or naturalization) does so with
the intention of keeping US citizenship.

Overall, while it was one time very easy to accidentally or
unintentionally lose US citizenship, it is now, pretty much, the
opposite.

MrDub

I believe a naturalized U.S citizen who later decides to naturalize to
acquire another citizenship is bound to lose U.S. citizenship by virtue of
the conscious act of breaking his oath of allegiance when he was sworn in as
a U.S. citizen.[/QUOTE]


"A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth.U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship." - from: http://travel.state.gov/travel/cis_p.../cis_1753.html

Rich Wales

"Voltes34" wrote:

> > I believe a naturalized U.S citizen who later decides
> > to naturalize to acquire another citizenship is bound
> > to lose U.S. citizenship . . .

[email protected] replied:

> Actually, no. The citizenship clause of the fourteenth
> amendment guarantees a right of citizenship even for
> naturalized citizens.

Note, further, that the landmark Supreme Court ruling limiting
the government's power to revoke US citizenship because of
foreign involvement -- Afroyim v. Rusk (1967) -- involved a
naturalized US citizen (originally from Poland) who had been
alleged to have lost his US citizenship because he later moved
to Israel and voted in an Israeli election.

> > . . . by virtue of the conscious act of breaking his
> > oath of allegiance when he was sworn in as a U.S. citizen.

> Loss of citizenship would depend on having an intention to
> relinquish US citizenship when taking the other citizenship.

It should perhaps be pointed out here, explicitly, that acquiring
another citizenship is NOT (under US law) considered legal proof
of an intent to give up one's already-existing citizenship or to
disavow existing allegiances.

Rich Wales [email protected] http://www.richw.org/dualcit/
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.