dual citizenship?

[aaron2020 11,651]

I definitely plan to become permanent resident while keeping my danish citizenship.

Keeping danish citizenship means I can always move back to Denmark with my family as plan B, my children can receive free education all the way to college, free health care and so much welfare benefits of a socialist country.

What are the most important legal rights/benefits between US citizen and legal permanent citizen, if I may ask?

voting in an election( especially federal), serving on a jury, more countires to travel to without requiring a visa

The biggest legal right/benefit is that a US citizen is entitled to live in the US. An LPR can have his status revoked and be deported.

LPRs who keep their noses clean have very little to worry about in regards to revocation of their status and deportation. However, it does happen when even small criminal acts are committed. Remember, the immigration courts do not need a criminal conviction to strip a person of his LPR status and deport him.

Here are a couple of examples;

http://criminal.laws.com/felony/challenges-to-aggravated-felony-charges

In 1989, a woman by the name of Xuan Wilson, who had lived in the U.S. since the age of four, was charged with writing a forged check at a Safeway supermarket. The value of the check was $19.83. In 2003, she was ordered to be deported back to Vietnam, her country of origin, leaving her husband, three children, and mother and father behind.

Also in 1989, Gerardo Mosquere was deported to Columbia despite having a green card for nearly 30 years for attempting to sell $10 worth of marijuana.

In 1997, Jesus Collado was detained after returning from a vacation in the Dominican Republic. Due to a statutory rape conviction decades earlier in 1974 when Collado was only 19 years old (he had consensual sex with his underage girlfriend), immigration laws stated that authorities had the right to deport him without a hearing.

In 2001, Alexander Christopher faced deportation based on petty shoplifting charges that deemed him an an "aggravated felon," even though his misdemeanor punishments had been completed years earlier.

In 2010, Qing Hong Wu faced similar deportation based on "criminal alien" felony charges for a series of muggings he was involved in as a youth over 15 years earlier.

Edited January 17, 2012 by aaron2020

[aaron2020 11,651]

Here are some more;

http://www.boulderweekly.com/article-991-us-government-moving-to-deport-longtime-legal-residents-with-criminal-convictions.html

U.S. government moving to deport longtime legal residents with criminal convictions

By McClatchy-Tribune News Service

SAN JOSE, Calif. — Roger Simmie is no angel.

Twenty years ago, the Mountain View, Calif., carpenter was convicted of resisting arrest and drug possession. Fifteen years after that, he was found guilty of battering his girlfriend. Three times, he's been convicted of drunken driving.

But it's what he didn't do that got him locked up recently in the Santa Clara County Jail. Simmie, a Scot by birth who fought in Vietnam as a U.S. Marine, never applied for U.S. citizenship.

Now he finds himself facing deportation as one of nearly 400,000 immigrants incarcerated in 2009 by the U.S. government. A growing number of noncitizens who have been living in this country as legal permanent residents are learning that run-ins with the law, even minor ones, are translating into life-altering, one-way tickets to homelands they no longer know.

A report from Human Rights Watch released in the spring found that 1 out of 5 "criminal aliens" deported from 1997 to 2007 had been in the country legally. Many, like Simmie, have known America as home for decades. "I'm living in limbo," said Simmie, 61, whose friends raised thousands of dollars to hire a lawyer to fight his deportation.

Simmie apologizes for the drunken driving, but he denies he was guilty in the other cases.

After leaving Great Britain with his family as a child and settling in Sunnyvale, Calif., Simmie joined the Marines as a teen and did two tours in Vietnam. But he never became a U.S. citizen, in part because his Scottish father felt his son should remain true to his heritage.

It was a costly decision. After Simmie didn't respond to a 2003 notice to appear in immigration court (he says he didn't get the notice), he became a fugitive and was arrested by U.S. Immigration and Customs Enforcement agents in October and locked up in the county jail, which has a contract with ICE to house its prisoners.

Like Simmie, longtime San Jose residents Hassan Abpikar and Victor Garabay were thrown into similar predicaments: Abpikar, 49, is an Iranian immigrant who was jailed because of a three-decade-old charge that he contends was false. Garabay, 45, is a Mexican immigrant who says he stole food to survive when he suddenly became homeless.

They, too, have become enmeshed in a detention system that has mushroomed since Congress passed its last major immigration bill in 1996. Since then, the number of detainees has grown fourfold as new biometric technology, huge databases and more boots on the ground have made it easier for ICE to track down immigrants with criminal records.

While the 1996 immigration reform law was widely hailed as a get-tough measure on illegal immigration, one of its more controversial provisions allowed for relatively minor offenses to be grounds for deportation of noncitizens. The Human Rights Watch report found that 77 percent of legal residents had been deported for nonviolent crimes.

If immigrants have been in the U.S. fewer than five years, they can be deported for a single crime of "moral turpitude," a broad term that includes shoplifting and pot possession. If they're here longer than five years, they can be deported for either one aggravated felony or two crimes of moral turpitude.

"We're not talking about Jeffrey Dahmer or Charles Manson here," said Sin Yen Ling, an attorney with the Asian Law Caucus in San Francisco. She argues that the punishment of immigrants with criminal records — deportation and separation from families — is often disproportionate to the offenses.

But ICE officials argue that getting a green card is a "conditional agreement" and that immigrants have to take responsibility for their actions.

"The vast majority of immigrants who come here comply with laws, lead productive lives and contribute to society," said Virginia Kice, a spokeswoman for ICE. "But, if you come here as a guest of this country and you break our laws, you risk forfeiting the right to remain here."

Abpikar's case is bizarre.

He came to the U.S. on a student visa in June 1979, while Iranian students were still holding American hostages in the U.S. Embassy. In December of that year, while taking English classes in Oklahoma City, he put down a $200 deposit to buy a car. When he later changed his mind and asked for his money back, Abpikar says, the disappointed salesman called the cops and accused him of calling in a bomb threat.

Ultimately, he says, he never spent time in jail, and an attorney told him through a translator that the matter had "gone away."

He went on to get a bachelor's and a master's in chemistry from San Jose State University, worked in high-tech and in real estate, and applied for citizenship in 2004. When the application form asked whether he had ever been convicted of a crime, he didn't mention the Oklahoma incident. Two years later, the federal government accused him of lying on his citizenship application — a felony — and put him into deportation proceedings. He spent 16 months as a detainee, mostly in Santa Clara County Jail.

While in custody, Abpikar, who also has a 1999 conviction for shoplifting, located his old Oklahoma records and found that he pleaded guilty in the case and was given a two-year suspended sentence. But under U.S. immigration law, according to immigration attorneys contacted by the San Jose Mercury News, the fact that Abpikar wasn't put on probation and didn't serve jail time in the Oklahoma case could mean it shouldn't count as a "conviction."

After being severely beaten in June in his cell by a fellow inmate, Abpikar was freed in early November. The reason: An immigration judge ruled that, because he had served in the armed forces under the shah of Iran, he might be tortured by the current Iranian government if returned to his homeland. But he's still facing a federal charge of lying on his citizenship application, so he was placed in home detention.

Garabay's story is simpler.

He came from Mexico with his mother three decades ago at age 15. Two years ago, the green-card holder became unemployed and ended up living under a freeway ramp.

He was twice caught stealing fried chicken and a Heineken from a supermarket — and spent two weeks in jail. "I know what I did was wrong," he said. "But I was hungry and desperate."

The shoplifting convictions were enough to get him deported, and he was convicted of possession of a marijuana pipe and being under the influence of a controlled substance. Garabay landed in the county jail for six months.

Immigration judges are given more discretion if immigrants in deportation proceedings have not been convicted of an aggravated felony. So last month, Garabay's attorney, Cassandra Lopez of Centro Legal de la Raza in Oakland, persuaded a judge to give Garabay another chance at freedom.

Garabay, who is still homeless, plans to crash on friends' couches and stay in motel rooms while he looks for work and attends a drug-treatment program.

"I don't want to go back into that jail," he said.

---------------------

http://immigration.lawyers.com/deportation/Conviction-May-Mean-Deportation-or-Removal-from-US.html

Conviction May Mean Deportation or Removal from US

Text Size:

Lawyers.comsm

There are millions of non-US citizens (or "foreign nationals" or "aliens") in the country at any given time. Many here legally. For example, you may be a "permanent resident" or have a "green card," meaning you can live and work in the US indefinitely and enjoy most of the rights and privileges that US citizens have. Or, you may have a visa, which lets you stay in the country temporarily while you work or go to school. Some non-citizens are here illegally, such when someone sneaks into the country or stays here after his visa has expired.

Regardless, if you're not a US citizen and you're in the country, a criminal conviction may mean your deportation or removal from the US. That is, the federal government can send you back to your native country and bar you from re-entering the US.

Crimes and Convictions

Under US immigration law, a non-US citizen may be deported or removed from the country if she commits any of the following crimes:

• Crimes of moral turpitude (CIMT). These crimes involve some act that's base, depraved or vile. Examples include murder, rape and arson. You may be deported for a conviction on a CIMT only if you were convicted within five years after you were admitted to the US (it's 10 years if you have a green card) and you were sentenced to a year or more in prison
  
• Aggravated felonies . The immigration law lists dozens of crimes that qualify as aggravated felonies, such as murder, rape and trafficking in drugs or firearms. It doesn't matter how long you've been in the US, either. If you commit an aggravated felony at any time after being admitted to the US, you may be deported
  
• Failure to register as a sex offender. If you're convicted of a sex-related crime and you're required to register as a sex offender under the Sex Offender Registration and Notification Act and you don't, you may be deported
  
• Drug-related crimes . You may be deported if you're convicted of selling, distributing or possessing illegal drugs or "controlled substances." The exception is if the conviction is your first conviction and it was for possessing 30 grams or less of marijuana for your own use
  
• Gun-related crimes . A conviction for buying, selling, owning or carrying a firearm is a deportable offense
  
• Crimes of domestic violence. This means any crime of violence you commit against a current or former spouse, the other parent of your child, or any person you're living with or used to live with
  
• Crimes against the US or other citizens. You may be deported if you commit treason and espionage, or acts of terrorism
  

These are just a few examples; there are many other criminal convictions that may lead to deportation. You need to check the federal immigration laws, as well as the criminal laws in the state where the crime was committed, to see if you're subject to deportation.

Can You Come Back?

Maybe. It all depends on the crime. If you were convicted of an aggravated felony, you can't return to the US. Ever. If your conviction was for any other crime, you may be allowed to re-enter the US, but not immediately. You may have to wait up to 10 years before you can file an application to re-enter and pay a filing fee.

If you're a non-US citizen and find yourself in trouble with the police or federal agents, you should contact an experienced attorney immediately, if possible. By contacting a criminal law attorney as soon as you've been charged with a crime, you may be able to avoid a criminal conviction and deportation altogether. If conviction can't be avoided, an immigration law attorney may be able to help you stay in the US. The immigration laws and processes are complicated, and it's best not to go it alone. There's too much at stake.

Questions for Your Attorney

I can't be deported for shoplifting, can I?

Can I ask for asylum even if I've been convicted of a crime and ordered to be deported?

How long can my son be held in detention while waiting for his deportation hearing?

Edited January 17, 2012 by aaron2020

[pichusboy 0]

Hello,

I am swiss and italian, I was granted a K1 visa yesterday. My fiancé and I plan to live in the US for enough time for me to get my citizenship because amongst other things I have been banned from the visa waiver program. Will I have to give up either my swiss or italian citizenships to become american or will the US be alright with adding itself the other two passports i hold? Another note, i have been italian and swiss since i was born.

Thank you for your help.

Ciao

[Brother Hesekiel 2,236]

Hello,

I am swiss and italian, I was granted a K1 visa yesterday. My fiancé and I plan to live in the US for enough time for me to get my citizenship because amongst other things I have been banned from the visa waiver program. Will I have to give up either my swiss or italian citizenships to become american or will the US be alright with adding itself the other two passports i hold? Another note, i have been italian and swiss since i was born.

Thank you for your help.

Ciao

Switzerland and Italy both have no objection to multiple citizenship, and the U.S. doesn't want to know about it.

For the U.S., you will always be a U.S. citizen, nothing else.

[pddp 240]

Identities are complex. I define myself as a person, ME, first and foremost, and I don't fit into anyone else's neat categories. Passports? I'll take as many as I can get, for the convenience, the world is my oyster. Allegiance? To humanity, not the artificial constructs we call "nation states"...

http://www.economist.com/node/21542413

[jaycali 415]

thank you guysSo if i got an US citizenship, i will automaticly lose my norwegian one. But do i have to fill out some forms for the norwegian government?

No you won't. This is a common misconception. You don't lose your Norwegian citizenship, but Norway will refuse to recognize your American citizenship. I plan to have dual citizenship.. I don't plan on living in Norway again permanently, but I'd never want to lose my Norwegian citizenship.. It's good to have, for sikkerhets skyld

Basically - The US won't recognize your Norwegian citizenship. Norway won't recognize your American citizenship. You keep both.

As for taxes, Norway won't charge you income tax on work you do in the US. They can, however, charge you formueskatt.. As far as I know.

What are the most important legal rights/benefits between US citizen and legal permanent citizen, if I may ask?

There are 5 basic ones I can think of:

- You can't vote if you're an LPR.

- You can't bring family over if you're an LPR (Except spouse or minor child).

- You can be deported if you're an LPR (If you do something very illegal).

- You may not be able to claim certain benefits as an LPR.

- Certain jobs require US citizenship. Mostly government jobs/police and so on.

Edited February 5, 2012 by jhsm85

[VanessaTony 3,567]

No you won't. This is a common misconception. You don't lose your Norwegian citizenship, but Norway will refuse to recognize your American citizenship. I plan to have dual citizenship.. I don't plan on living in Norway again permanently, but I'd never want to lose my Norwegian citizenship.. It's good to have, for sikkerhets skyld

Actually this link says if you APPLY for another citizenship, which you would be applying for USC, you do lose Norwegian citizenship: http://www.udi.no/templates/tema.aspx?id=7397#norwegian

This link: http://www.udi.no/Norwegian-Directorate-of-Immigration/Central-topics/Citizenship-/Loss-of-citizenship/Loss-of-Norwegian-citizenship-by-new-citizenship-/ shows the exceptions (which don't apply to you)

This one also explains it's not possible if you apply for it: http://en.wikipedia.org/wiki/Norwegian_nationality_law#Acquisition_of_another_citizenship

Here's another Q&A: http://en.allexperts.com/q/Norway-151/2008/11/dual-citizenship.htm in which it states it is ILLEGAL to hold dual citizenship.

Sorry but if you want USC you'll automatically lose your home countries citizenship. I suggest you look into the penalties of being caught (which for another country I recall the person was jailed for travelling on "invalid documents" and something about having "invalid documents"). Scary stuff.

Edited February 5, 2012 by Vanessa&Tony

[jaycali 415]

Actually this link says if you APPLY for another citizenship, which you would be applying for USC, you do lose Norwegian citizenship: http://www.udi.no/templates/tema.aspx?id=7397#norwegian

This link: http://www.udi.no/Norwegian-Directorate-of-Immigration/Central-topics/Citizenship-/Loss-of-citizenship/Loss-of-Norwegian-citizenship-by-new-citizenship-/ shows the exceptions (which don't apply to you)

This one also explains it's not possible if you apply for it: http://en.wikipedia.org/wiki/Norwegian_nationality_law#Acquisition_of_another_citizenship

Here's another Q&A: http://en.allexperts.com/q/Norway-151/2008/11/dual-citizenship.htm in which it states it is ILLEGAL to hold dual citizenship.

Sorry but if you want USC you'll automatically lose your home countries citizenship. I suggest you look into the penalties of being caught (which for another country I recall the person was jailed for travelling on "invalid documents" and something about having "invalid documents"). Scary stuff.

Hmm, thanks for correcting me. I may be mistaken here.

I do know plenty of people with dual Norwegian and American citizenship though. All of whom are ineligible to use their American passport in Norway and vice versa. There may be different rules that i'm not aware of regarding applying for US citizenship as opposed to getting it through a parent?

I guess the term APPLY may be a key factor I wasn't aware of. Thanks for the link!

Edited February 5, 2012 by jhsm85

[jaycali 415]

Vanessa &Tony is absolutely right. I apologize for the wrongful information regarding dual citizenship.

Norwegian immigration law does allow dual citizenship but only in cases where a child is automatically entitled to foreign citizenship, and does not need to actually APPLY.

Meaning if you're a Norwegian citizen and your child is born in the US, your child can legally hold dual citizenship. If you actually apply for US citizenship, Norway automatically cancels your Norwegian citizenship.

Thanks for correcting

Edited February 5, 2012 by jhsm85

[jaycali 415]

A little update here.

I can't speak for other countries, but as started, Norway does not allow dual citizenship, unless the Norwegian citizen is also automatically entitled to a foreign citizenship from birth.

However, there is nothing «automatic» here. The US does not report to foreign countries that you are now a naturalized citizen, so it's basically up to the individual to report this to Norway. In theory, you may hold dual citizenship as long add you don't attempt to enter Norway as a US citizen, or claim to be American for any purpose while you're there. They don't actively investigate these things. If they find out, yes, they may cancel your citizenship.

in other words, unless you flaunt your new passport in Norway, no one will know. And a long as your citizenship isn't renounced, you're still a citizen.

As far as the US is concerned, what nationality you claim outside the US is irrelevant. To the US you are just American.