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Dual Citizenship, Naturalization and all that

Dual Citizenship, Naturalization and all that

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Old May 5th 2014, 4:34 am
  #16  
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Default Re: Dual Citizenship, Naturalization and all that

Originally Posted by DJElectricDaddy
Is there a limitation to how long an alien can be out of the country? I can see that being a big problem indeed.
If you want to come back to the US, then you need to be aware of these limitations...
  1. Leave 24+ months - you'll struggle to get back and will probably need lawyers to get involved.
  2. Leave 13-24 months - you'll need a re-entry permit to get back (see here) or returning resident visa (see here),
  3. Leave 6-12 months - absence of more than 6 months "resets" the continuous residency clock, which means you'll have to stay in the US a further 5 years before you are eligible to apply for citizenship (despite having been here for 20 years).
  4. Leave 1-6 months - should not be an issue.
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Old May 5th 2014, 7:51 am
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Default Re: Dual Citizenship, Naturalization and all that

Beware the returning resident visa. If an LPR (foolishly) ends up outside the US for more than 12 months without a reentry permit, they should definitely seek legal advice. Applying for a returning resident visa could be a very bad move in that situation, despite the friendly language on the State dept website.
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Old May 5th 2014, 12:35 pm
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Default Re: Dual Citizenship, Naturalization and all that

Originally Posted by superkruz
Leave 6-12 months - absence of more than 6 months "resets" the continuous residency clock, which means you'll have to stay in the US a further 5 years before you are eligible to apply for citizenship (despite having been here for 20 years).
Not quite! An absence of more than 6 months presumes that continuous residency has been broken, but doesn't actually reset the clock. An absense of more than 12 months usually does reset the clock. Further, once the clock is reset and the alien returns to the US, it's 4 years + 1 day before being eligible to reapply.

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Old May 7th 2014, 3:04 am
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Default Re: Dual Citizenship, Naturalization and all that

Originally Posted by DJElectricDaddy
Geez I had no idea the draft was still on the books. Even if my boy is living in the UK for the next ten years he’d still get the call.
There hasn't been a draft since 1973 and will unlikely be reactivated. However 18-26 year olds should register for the Selective Service in case the draft is reactivated. Although the penalty for not registering can be severe, usually nothing is done (never heard of anyone being charged or prosecuted for not registering). However if they don't register, they likely will not be eligible for federal job training, most federal employment, and student financial assistance.
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Old May 7th 2014, 3:21 am
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Default Re: Dual Citizenship, Naturalization and all that

Originally Posted by Michael
There hasn't been a draft since 1973 and will unlikely be reactivated. However 18-26 year olds should register for the Selective Service in case the draft is reactivated. Although the penalty for not registering can be severe, usually nothing is done (never heard of anyone being charged or prosecuted for not registering). However if they don't register, they likely will not be eligible for federal job training, most federal employment, and student financial assistance.
But they will still be eligible to be drafted, if it comes to that
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Old May 7th 2014, 1:22 pm
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Default Re: Dual Citizenship, Naturalization and all that

I think the draft pretty much exists in both countries. It's just not something that's brought to your attention under normal circumstances!

As far as taxation is concerned, you will NOT be double-taxed. As a USC, you are required to file taxes in the US if you live and work elsewhere, but if you are taxed in that country, usually, you will not have to pay again.

In answer to your question about 'special procedures' for dual citizens, no, there's no difference. The UK does not recognize your naturalization and you are not renouncing your UK citizenship when you gain USC status. The only time you can lose the British side of things is if you apply to the British government specifically and renounce.

The only time anyone would need to renounce UK citizenship would be for certain 'sensitive' federal jobs. I think for the most part, you would have to renounce for a military appointment, for example.
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Old May 7th 2014, 2:05 pm
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Default Re: Dual Citizenship, Naturalization and all that

Originally Posted by Guindalf
I think the draft pretty much exists in both countries. It's just not something that's brought to your attention under normal circumstances!

As far as taxation is concerned, you will NOT be double-taxed. As a USC, you are required to file taxes in the US if you live and work elsewhere, but if you are taxed in that country, usually, you will not have to pay again.

In answer to your question about 'special procedures' for dual citizens, no, there's no difference. The UK does not recognize your naturalization and you are not renouncing your UK citizenship when you gain USC status. The only time you can lose the British side of things is if you apply to the British government specifically and renounce.

The only time anyone would need to renounce UK citizenship would be for certain 'sensitive' federal jobs. I think for the most part, you would have to renounce for a military appointment, for example.
And vice-versa in the UK. Whilst you are allowed to hold a second nationality - I was asked it for DV clearance - the PM can only be a British citizen. Hence why many speculate Boris gave up his US citizenship a few years back.
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Old May 7th 2014, 5:54 pm
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Default Re: Dual Citizenship, Naturalization and all that

Originally Posted by RICH
But they will still be eligible to be drafted, if it comes to that
Exactly, considering we are in a never ending war on terror, who knows what will come to pass in the future.

As far as leaving the country for extended lengths, would you have to re-apply for a green card or do you get one shot to live here and if you check out then thats your lot?

Having read Bill Bryson’s Notes From A Small Island and I’m A Stranger Here Myself, then A Walk In The Woods it made me think I could in fact return home after 20 years here to give my family a taste of what it is like to live in the UK, just as old Bill does when he returns to the US after 20 years in England.

Is it easier from the ‘other direction’? Or maybe Bill Bryson has dual citizenship. Anyone know?
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Old May 7th 2014, 5:55 pm
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Default Re: Dual Citizenship, Naturalization and all that

Originally Posted by Guindalf
I think the draft pretty much exists in both countries. It's just not something that's brought to your attention under normal circumstances!

As far as taxation is concerned, you will NOT be double-taxed. As a USC, you are required to file taxes in the US if you live and work elsewhere, but if you are taxed in that country, usually, you will not have to pay again.

In answer to your question about 'special procedures' for dual citizens, no, there's no difference. The UK does not recognize your naturalization and you are not renouncing your UK citizenship when you gain USC status. The only time you can lose the British side of things is if you apply to the British government specifically and renounce.

The only time anyone would need to renounce UK citizenship would be for certain 'sensitive' federal jobs. I think for the most part, you would have to renounce for a military appointment, for example.
Great info. Thanks a bunch.
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Old May 7th 2014, 9:21 pm
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Default Re: Dual Citizenship, Naturalization and all that

Boris Johnson is still a US citizen. As of 2010 Bill Bryson is too pussy to take the Life in the UK test.
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Old May 7th 2014, 9:39 pm
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Default Re: Dual Citizenship, Naturalization and all that

Originally Posted by BritInParis
Boris Johnson is still a US citizen.
Boris publicly asserts different: http://www.boris-johnson.com/2006/08...ican-passport/
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Old May 7th 2014, 9:40 pm
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Default Re: Dual Citizenship, Naturalization and all that

Originally Posted by hungryhorace
And vice-versa in the UK. Whilst you are allowed to hold a second nationality - I was asked it for DV clearance - the PM can only be a British citizen. Hence why many speculate Boris gave up his US citizenship a few years back.
A former PM had an American born mother and under the proper constitutional interpretation of the US law in effect at the time, he was a US citizen at birth. However, he never claimed it. In fact, he addressed the US Congress and declaimed any citizenship, otherwise he would have been a US Congressman.
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Old May 7th 2014, 9:43 pm
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Default Re: Dual Citizenship, Naturalization and all that

Originally Posted by S Folinsky
A former PM had an American born mother and under the proper constitutional interpretation of the US law in effect at the time, he was a US citizen at birth. However, he never claimed it. In fact, he addressed the US Congress and declaimed any citizenship, otherwise he would have been a US Congressman.
Churchill was also granted honorary citizenship of the United States I believe. I have no idea when the law enforcing that a Prime Minister of the United Kingdom (or Great Britain in its former state) could only hold British citizenship. Anyone know? Maybe it was after Churchill (thought I doubt it)?
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Old May 7th 2014, 10:08 pm
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Default Re: Dual Citizenship, Naturalization and all that

Originally Posted by hungryhorace
Except Boris was busy renewing his passport at the US Embassy in London last year. Or rather, one of his minions was doing it for him.

Originally Posted by S Folinsky
A former PM had an American born mother and under the proper constitutional interpretation of the US law in effect at the time, he was a US citizen at birth. However, he never claimed it. In fact, he addressed the US Congress and declaimed any citizenship, otherwise he would have been a US Congressman.
Not sure that holds up as Churchill was made the first "Honorary Citizen of the United States" in 1963 by Kennedy. A quick Google search reveals that it wasn't possible for mothers to transmit their US citizenship to children born abroad until 1934.
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Old May 7th 2014, 10:20 pm
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Default Re: Dual Citizenship, Naturalization and all that

Originally Posted by BritInParis
Except Boris was busy renewing his passport at the US Embassy in London last year. Or rather, one of his minions was doing it for him.
Interesting, he did rather make a big show of relinquishing it (or at least made it look that way). Do you have a citation that he kept it?
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