US to Candian citizenship

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Subject: US to Candian citizenship
  Hello,

My mother is a US citizen living in Canada for almost 40 years. She is a permanent resident, but is considering taking out Canadian citizenship. Her biggest concern is losing her US citizenship. Can anyone tell me if that would happen? I was under the impression that she wouldn´t ´lose´ her US citizenship, but that the US would just not recongize her Canadian citizenship...?

Thanks

[28-10-2006,01:22]
[**.147.54.203]
Anonymous
(in reply to: US to Candian citizenship)
She should speak to a lawyer based in both government´s views. Basically I believe the US will simply recognize her US citizenship and not the Canadian. If there is a problem on US soil, her Canadian citizenship could not be used to get her out of a fix. Also she must be consistant on a trip with which passport to use - if she arrives as a Canadian, she should leave that way.

I beieve to lose her US citizenship, she actually has to renounce it which under normal circumstances is a complex process - commiting an act of treason against the US government for a foreign power may give the US government the authority to revoke her citizenship, but I don´t think we are talking about that.

[28-10-2006,08:33]
[***.3.76.29]
Anonymous
(in reply to: US to Candian citizenship)
Your mom can have dual citizenship. Both Canada and the US accept dual citizenships.

While traveling, you will be seen as a citizen of the country who´s passport you will show at the point of entry into that country.

For example, if someone enters a country on a Canadian passport, that person will be treated as a Canadian citizen. If anything happens to you while in that country, you will have to address the Canadian Consulate, not the Americans. Entering that country on your US passport enables the benefits only a US citizen can benefit of.

Uniden

[28-10-2006,11:31]
[**.8.64.44]
Uniden
(in reply to: US to Candian citizenship)
The U.S. does NOT accept dual citizenship. Only under specific circumstances, it will, such as when a country confers citizenship regardless of choice due to birth place. Otherwise you must state that you are accepting only U.S. citizenship at the time of application. In practicality however, the U.S. will not revoke your citizenship if you do hold another.
[28-10-2006,20:33]
[**.53.231.75]
Richard
US to Canadian citizenship (in reply to: US to Candian citizenship)
http://travel.state.gov/law/citizenship/citizenship_778.html Maybe this will help.
[29-10-2006,01:45]
[**.89.199.156]
CheckItOut
(in reply to: US to Candian citizenship)
Try this one too:
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

Richard:
The U.S. accepts dual citizenship, but I agree that his mom can lose her U.S. citizenship by applying for the Canadian one.

Rule of thumb:
If you are a foreign citizen and naturalize in the U.S. you can hold dual citizenship, but if you already are a U.S. citizen and are applying for a foregn citizenship you can lose your U.S. citizenship.

The U.S. law seems transparent, ..but it isn´t. There are ways to keep your U.S. citizenship even after applying for a foreign one. I don´t know the details, but a friend of mine, born US citizen married a German girl and both hold now passports from both countries and both are citizens of both countries.

[29-10-2006,04:44]
[**.8.64.44]
Uniden
(in reply to: US to Candian citizenship)
I am a citizen of both countires.
I became Canadian and then US.
Both Govt accept dual citizenship.
I hope this helps

[29-10-2006,08:51]
[**.231.34.8]
LP
(in reply to: US to Candian citizenship)
Sorry but I don´t think you guys are correct. Per Checkitout´s reference, and based on my job at the former INS - now USCIS, the U.S. does not accept dual citizenship.

Here is the reference for cause of loss of citizenship:

(1) obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);

(2) taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);

But again, USCIS will not actively seek to revoke citizenship even if you hold another. And citizenship of another country by reason of birth is acceptable.

[29-10-2006,12:27]
[**.53.231.75]
Richard
(in reply to: US to Candian citizenship)
It´s not that the US disallows another citizenship, they just don´t recognize it. As long as you file a tax return to the IRS every year, regardless of where you´re living, your American citizenship should remain intact.
[30-10-2006,14:05]
[**.235.111.195]
FWChelle
(in reply to: US to Candian citizenship)
hi LP!
you said: "I am a citizen of both countires.
I became Canadian and then US.
Both Govt accept dual citizenship.
I hope this helps"
The way I understand this is that you were a citizen of a diff. country before becoming Canadian...and technically the US is the third country that you are a citizen of. Did I understand it right? hope you can clarify this. thanks!
zad :)

[30-10-2006,17:23]
[**.73.177.157]
zad886
(in reply to: US to Candian citizenship)
Hello,
Thanks for all the replies...

I also found that link CheckItOut, but Richard if you look further down it does say that in order for a person who ´naturalizes´ in another country to actually lose their U.S. citizenship, he/she has to actually renounce their citizenship to a U.S. consular officer in order to lose it...

It says here reasons for loss of citizenship:
(1) is naturalized in a foreign country;
(2) takes a routine oath of allegiance or

(3) accepts non-policy level employment with a foreign government

BUT IT ALSO SAYS THIS ABOUT THOSE WISHING TO RETAIN U.S. CITIZENSHIP:

...and in so doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed.
When, as the result of an individual´s inquiry or an individual´s application for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. citizen has performed an act made potentially expatriating by Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4), the consular officer will SIMPLY ASK the applicant if there was intent to relinquish U.S. citizenship when performing the act. If the answer is no, the consular officer will certify that it was not the person´s intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship.

So, basically if it ever came up, she would be asked whether she intended to renounce her U.S. citizenship or not and if she says no, then that is that and she retains citizenship regardless if she has aquired citizenship elsewhere. The only way the US will actually revoke citizenship is because of these:

(1) formally renounces U.S. citizenship before a consular officer;
(2) takes a policy level position in a foreign state;

(3) is convicted of treason; or

(4) performs an act made potentially expatriating by statute accompanied by conduct which is so inconsistent with retention of U.S. citizenship that it compels a conclusion that the individual intended to relinquish U.S. citizenship. (Such cases are very rare.)

So, to say that the U.S. doesn´t "accept" dual citizenship is correct and incorrect at the same time. The U.S. will not revoke her citizenship (unless she commits an act as described above), but will simply not recognize her as a citizen of another country as long as she doesn´t renounce her U.S. citizenship.

Thanks again for all the replies, and I hope this clears it up, it did for me...

[01-11-2006,04:46]
[**.147.54.203]
Anonymous


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