R Macguy

My neice is a Guatemalan citizen, married to US citizen (7 years in county),

Two children (5,2) born in the USA.

Question 1. Can she apply for dual citizenship. Or if she applys for US does
she automatically loose her Guatemalan citizenship.

Question 2. Can her kids get dual citizenship now, or do they have wait.

Thanks in advance
Thanks much
R [email protected]

Rich Wales

"R MacGuy" wrote:

> Can [my niece from Guatemala] apply for dual citizenship?
> Or if she applies for US does she automatically lose her
> Guatemalan citizenship?

Whether she will still have Guatemalan citizenship or not after US
naturalization would depend on Guatemala's citizenship laws. Check
with Guatemalan consular officials, a Guatemalan lawyer, and/or an
American immigration lawyer who specializes in Guatemalan clients.

Note, BTW, that there is no such thing as "applying for dual citi-
zenship". The original poster's niece would be applying only for
US citizenship. Indeed, the niece will be required to subscribe
to a blanket renunciatory statement disavowing Guatemalan or any
other citizenship once she gets US citizenship. This statement,
however, may or may not be considered legally significant under
Guatemalan law (which is what she needs to speak with an expert
about).

> Can her kids get dual citizenship now, or do they have
> to wait?

If her children were born in the US, they have US citizenship.

Whether they also have Guatemalan citizenship (via their mother)
depends on Guatemalan law. My first guess would be that a child
born outside Guatemala to a Guatemalan mother is =probably=
either automatically a Guatemalan citizen by birth, or else can
be registered as a citizen with Guatemalan consular officials.
However, it would be best to check with someone who is an expert
in Guatemalan citizenship issues.

Under US law, the children would be US citizens regardless of
whether or not Guatemala or any other country also claims them
as citizens. Further, US law would allow the children to keep
both US and whatever other citizenship(s) for life. There is a
common misconception amongst Americans that US law requires a
"born dual" US/other citizen to choose only one citizenship upon
reaching adulthood, but in fact no such US law exists. I don't
have any idea what Guatemalan law says about this situation.

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.