"Family Conversation"
Tuesday, August 02, 2005
 
Hey all. Good news, JP. L.A. is a big city, and you do have some contacts there - Toby, of course, but don't forget that you stayed at the Millers' house with me in 2000 when we went to Vegas and L.A. Justin has moved to Atlanta, but I could call him and find out if his relatives could find something for you...

Regarding dual citizenship, there's a website here which has researched the question. The site has a link to a State Department document from 1990 which describes State's current policy.

Here are some excerpts (I've emphasized the bold parts in the 1st excerpt):

POTENTIALLY EXPATRIATING STATUTES

Section 349 of the Immigration and Nationality Act, as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:

(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);


In this next part, the bold is in the original:

ADMINISTRATIVE STANDARD OF EVIDENCE

As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to routine declarations of allegiance to a foreign state, or accept non-policy level employment with a foreign government.

DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS APPLICABLE

In light of the administrative premise discussed above, a person who:

(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

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.


If you are applying for a passport, and the consular officer becomes aware that you performed one of the acts above,

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.
(bold in original)

To lose U.S. citizenship, one must either:
- renounce U.S. citizenship before a consular officer;
- take a policy-level position in a foreign state;
- be convicted of treason; or
- commit an act which compels a conclusion that the individual intended to relinquish U.S. citizenship. (Such cases are very rare.)

Finally, there's a section on dual nationality, which says in part:
Dual nationality can also occur when a person is naturalized in a foreign state without intending to relinquish U.S. nationality and is thereafter found not to have lost U.S. citizenship the individual consequently may possess dual nationality. While recognizing the existence of dual nationality and permitting Americans to have other nationalities, the U.S. Government does not endorse dual nationality as a matter of policy because of the problems which it may cause.

In other words, I think we can have dual citizenship...
C

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