Ciudadanía / Citizenship

[ElCordobés]

Good to know. Not in my personal top five, but definitely a top choice for many as you noted. I will have to put a MERCOSUR requirements list for the various countries. Thanks!

 

[ElCordobés]

And, although Argentina allows dual citizenship with the US, the US does not permit it with Argentina. when my argentine husband got his US passport they told him this when they destroyed his argie passport. Now back in argentina, he got a new passport here but has technically defied the US law and they could revoke his citizenship.

Your husband is fine. http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html

A U.S. national may acquire foreign nationality by marriage, or a person naturalized as a U.S. national may not lose the nationality of the country of birth. U.S. law does not mention dual nationality or require a person to choose one nationality or another. Also, a person who is automatically granted another nationality does not risk losing U.S. nationality. However, a person who acquires a foreign nationality by applying for it may lose U.S. nationality. In order to lose U.S. nationality, the law requires that the person must apply for the foreign nationality voluntarily, by free choice, and with the intention to give up U.S. nationality.​

It has to do with intent when it comes to voluntarily applying for another country (through naturalization) as is our case. If you don't intend to give up your US Citizenship, and your actions don't demonstrate that you wish to give it up (such as not filing your US taxes, running for office in the other country, working for a foreign government, etc). This doesn't not include the ceremony of the oath to the acquired citizenship where one often swears their allegiance. Here's the exact language. http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality.html

Potentially Expatriating Acts

Section 349 of the INA (8 U.S.C. 1481), as amended, states that U.S. nationals are subject to loss of nationality if they perform certain specifiedacts voluntarily and with the intention to relinquish U.S. nationality. Briefly stated, these acts include:​

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  obtaining naturalization in a foreign state upon one's own application after the age of 18 (Sec. 349 (a) (1) INA);​
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  taking an oath, affirmation or other formal declaration of allegiance to a foreign state or its political subdivisions after the age of 18 (Sec. 349 (a) (2) INA);​
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  entering or serving in the armed forces of a foreign state engaged in hostilities against the United States or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);​
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  accepting employment with a foreign government after the age of 18 if (a) one has the nationality of that foreign state or (B) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);​
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  formally renouncing U.S. nationality before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);​
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  formally renouncing U.S. nationality within the United States (The Department of Homeland Security is responsible for implementing this section of the law) (Sec. 349 (a) (6) INA);​
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  conviction for an act of treason against the Government of the United States or for attempting to force to overthrow the Government of the United States (Sec. 349 (a) (7) INA).​

Administrative Standard of Evidence​

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As already noted, the actions listed above will result in the loss of U.S. nationality if performed voluntarily and with the intention of relinquishing U.S. nationality. The Department has a uniform administrative standard of evidence based on the premise that U.S. nationals intend to retain United States nationality when they obtain naturalization in a foreign state, declare their allegiance to a foreign state, serve in the armed forces of a foreign state not engaged in hostilities with the United States, or accept non-policy level employment with a foreign government.​

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Disposition of Cases when Administrative Premise is Applicable​

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

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  is naturalized in a foreign country;​
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  takes a routine oath of allegiance to a foreign state;​
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  serves in the armed forces of a foreign state not engaged in hostilities with the United States, or​
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  accepts non-policy level employment with a foreign government,​

and in so doing wishes to retain U.S. nationality 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. nationality since such an intent will be presumed.​

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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. national has performed an act made potentially expatriating by INA Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4) as described above, the consular officer will simply ask the applicant if he/she intended to relinquish U.S. nationality 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. nationality and, consequently, find that the person has retained U.S. nationality.​

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Persons Who Wish to Relinquish U.S. Nationality​

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If the answer to the question regarding intent to relinquish nationality is yes, the person concerned will be asked to complete a questionnaire to ascertain his or her intent toward U.S. nationality. When the questionnaire is completed and the voluntary relinquishment statement is signed, the consular officer will proceed to prepare a Certificate of Loss of Nationality of the United States. The certificate will be forwarded to the Department of State for consideration and, if appropriate, approval.​

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An individual who has performed any of the acts made potentially expatriating by statute who wishes to lose U.S. nationality may do so by affirming in writing to a U.S. consular officer that the act was performed voluntarily with an intent to relinquish U.S. nationality. A U.S. national also has the option to formally renounce U.S. nationality abroad in accordance with INA Section 349 (a) (5) .​

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Disposition of Cases When Administrative Premise Is Inapplicable​

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The premise that a person intends to retain U.S. nationality is not applicable when the individual:​

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  formally renounces U.S. nationality before a consular officer;​
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  serves in the armed forces of a foreign state engaged in hostilities with the United States;​
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  takes a policy level position in a foreign state;​
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  is convicted of treason.​

This covers much of it with additional links. http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies.html

 

[bobsnowpuppy]

Thank you for that info. Interesting that when he took the oath to become a US citizen his Argentine passport was confiscated and he was specifically told the US law does not allow dual citizenship with Argentina. Other countries yes, but Argentina no.

 

[ElCordobés]

That's pretty brutal. I would have been mortified if they took my passport away! (I am envisioning him taking the US oath and then having his Argentine passport ripped from his hand and running it through the shredder!)

I'm pretty sure Bajo-cero would agree that US is fine with Argentina dual nationals. (I have found this explicitly detailed previously. My quick googleage didn't turn up an official source this time (other than referring to Argentina children born to US Citizens abroad allowed to have both).

 

[Girino]

Thank you for that info. Interesting that when he took the oath to become a US citizen his Argentine passport was confiscated and he was specifically told the US law does not allow dual citizenship with Argentina. Other countries yes, but Argentina no.

How long ago was this?
In the past there was mutual exclusivity also between Italian and Argy citizenships, but this was a long time ago, maybe 30 to 40 years ago.

 

[Bajo_cero2]

Thank you for that info. Interesting that when he took the oath to become a US citizen his Argentine passport was confiscated and he was specifically told the US law does not allow dual citizenship with Argentina. Other countries yes, but Argentina no.

Idiots are not exclusive of the AR judicial system.

 

[khairyexpat]

Thank you for that info. Interesting that when he took the oath to become a US citizen his Argentine passport was confiscated and he was specifically told the US law does not allow dual citizenship with Argentina. Other countries yes, but Argentina no.

That statement does not sound right to me.

If USA does not allow dual citizenship, it is logical to me that USA will request a legal proof that the applicant has already RENOUNCED his own existing citizenship FORMALLY in HIS own country, BEFORE they grant him/her the USA Citizenship.

Ripping or confiscating passports or told by a word of mouth, is not a sound legal procedure to abolish an existing Citizenship of ANOTHER country. What USA got to do with citizenship of OTHER countries? Citizenship belongs to the country that granted it, ... they give it .. they take it away.

Does not make sense, ... let alone a legal practice you´d expect from USA Immigration Authorities.

File it under: Myth / Misinformation.

 

[Ceviche]

That statement does not sound right to me.

If USA does not allow dual citizenship, it is logical to me that USA will request a legal proof that the applicant has already RENOUNCED his own existing citizenship FORMALLY in HIS own country, BEFORE they grant him/her the USA Citizenship.

Ripping or confiscating passports or told by a word of mouth, is not a sound legal procedure to abolish an existing Citizenship of ANOTHER country. What USA got to do with citizenship of OTHER countries? Citizenship belongs to the country that granted it, ... they give it .. they take it away.

Does not make sense, ... let alone a legal practice you´d expect from USA Immigration Authorities.

File it under: Myth / Misinformation.

I agree.

I know many people who have acquired US citizenship. US judiciary has no procedure of confiscating the passport of other country before granting citizenship.

More importantly, passport of any country belongs to the government of the country who issued it, not to a individual who possesses it.

 

[ajoknoblauch]

And, although Argentina allows dual citizenship with the US, the US does not permit it with Argentina. when my argentine husband got his US passport they told him this when they destroyed his argie passport. Now back in argentina, he got a new passport here but has technically defied the US law and they could revoke his citizenship.

My wife has US citizenship but hasn't bothered with an Argentine passport for a couple decades now. The US does not prohibit simultaneous Argentine citizenship; rather, it does not acknowledge it. If my wife poisoned me, the US would refuse to allow Argentine consular intercession, but that does not prevent her from renewing her Argentine passport and traveling elsewhere on it - she merely could not enter the States on it.

 

[nkotb]

bobsnowpuppy: stop spreading misinformation. What you are saying has no basis in US law. You're either lying or were lied to.