Naturalization, Citizenship us/canadian dual citizenship

[Katrina84]

I am curious whether or not I will meet qualifications for dual citizenship and if so will I be forced to renounce my US citizenship? My mother has lived in the states her whole life, born and raised here, an american citizen. My father on the other hand was born and raised in Canada, moved to the states to marry my mother, in his late 20's. My father never obtained US citizenship, instead he opted to be a resident alien, has a green card, social security card and such as he attended school and worked in the states for the past 20 years. I've recently filled out paperwork for candian citizenship as my father told me I will easily obtain it since he is a Canadian citizen I am by birth entitled to citizenship of Canada. My father is in the process of trying to obtain US citizenship, as I understand the US often times makes you terminate your citizenship status with another country, so this may be difficulty for my father. Canada on the other hand (from what I've heard) does not require an individual to do so in order to be granted citizenship, but if and when I accquire Canadian citizenship will the US force me to give up my citizenship status or will I be allowed to keep both?
Thanks for any help with this.

 

[cbg]

I have dual citizenship due to a mother born in the US and a father born in Canada, just like you; my parents were married in the US, just like you. However, one major difference; I was born in Canada, and from your post, I assume you were born in the US.

That may or may not make a difference. If it does not, then you already have dual citizenship. If it does, then yes, it's quite possible (even probable) that the US will require that you choose one or the other, if you intend to live in Canada or maintain a Canadian citizenship.

I was brought to the US as a minor (age 11) under my mother's citizenship. At the time, my family honestly believed that we would be returning to Canada four years later. Due to changing circumstances, we remained in the US. When I was nineteen, I contacted the Canadian Consulate and asked them some very similar questions to yours, since it was by then pretty sure that I would be living permanently in the US. They were extremely helpful, even to how to complete US forms and obtain a US passport without accidently signing away my Canadian citizenship. Rather than risk receiving inaccurate information (due to incomplete or misunderstood facts) on a message board, I would suggest you do the same thing. There is NO risk to this. You do not even need to identify yourself - just ask your questions and answer any ones they ask you for purposes of clarification.

 

[NYClex]

The law is relatively clear on that:

Sec. 349. [8 U.S.C. 1481]


(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality-


(1) obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or...


Basically the US law does not allow dual citizenship if it is based on a voluntary act of an American citizen over 18 years of age. But then there is this curious half-sentence: "with the intention of relinquishing United States nationality" and that was the fodder for some interesting law suits, the latest important one being Vance v. Terrazas before the Supreme Court in 1980.

In 1990 then the State Department reversed its policy and from now on declared to "presume" that any American citizen obtaining naturalization in a foreign country also intends to keep his American citizenship unless his conduct is so clear that it would be unreasonable to assume that. That was the birth of official tolerance of dual citizenship.


Therefore you should not have problems obtaining your Canadian citizenship and keeping the American.



In case a foreigner wants to be naturalized and keep his former citizenship the law is not as clear. It says:

Sec. 337. [8 U.S.C. 1448]


(a) A person who has applied for naturalization shall, in order to be and before being admitted to citizenship, take in a public ceremony before the Attorney General or a court with jurisdiction under section 310(b) an oath

(1) to support the Constitution of the United States;

(2) to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen;


It used to be interpreted that the "renounciation" of all allegiance and fidelity to the foreign state meant that the new American had to give up his former citizenship. But here also the government nowadays has decided not to pursue this. They simply don't ask anymore if you do relinquish your former citizenship or not.

 

[joetharayil]

candian citizenship rules

I am born in india in the year 1984 and staying in india with my parents till date. I was granted candian citizenship from my birth through the candian embassy in New Delhi.Now i would like to move to canda.Please advice the formalities to be completed by me for the same.

 

[NYClex]

I don't know any details about Canadian citizenship law, but if you already are a Canadian citizen all you normally need is a Canadian passport which you would get at the Canadian embassy or consulate in India. Call them to find out how to get one, or look it up on the web.

 

[mntbikr35]

dual citizen ship

Hi i was wondering on dual citizenship ? How far back do your roots have to go . I was wondering if it has to be just your parents born in another country or can it go back as far as grand parents to obtain a citizenship from that country . My grand father was born in hungry and i had a great grandmother from canada just corious



david