Dual citizenship

[SharynY 2]

hi guys

so im aussie by birth (ausralian) and i'm thinking of becoming a US Citizen this year or the next, i know austraila has no issue with dual citizenships, i just read it on their site, but i wondered if the US does? does the US allow dual citizenships?

thanks in advance.

[Inky 1,110]

Once you take citizenship as an American - you are only an American to them, you are no longer Australian or whatever other citizenship.

[nwctzn 55]

hi guys

so im aussie by birth (ausralian) and i'm thinking of becoming a US Citizen this year or the next, i know austraila has no issue with dual citizenships, i just read it on their site, but i wondered if the US does? does the US allow dual citizenships?

thanks in advance.

The US says officially that it "recognizes that dual citizenship exists." So at present, the US "allows" dual citizenship but when you are in the US, you are a US citizen only. The official wording is: "The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause."

You are free though to keep your Australian passport and you can use it when you enter Australia or another 3rd party country. When you leave or enter the US, you are required to use your US passport. You can read more about this at the US Department of State link here: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

Edited February 18, 2012 by nwctzn

[MIBEN 83]

The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth. A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth.U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

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Intent can be shown by the person's statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance. However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.Most countries permit a person to renounce or otherwise lose citizenship.

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Information on losing foreign citizenship can be obtained from the foreign country's embassy and consulates in the United States. Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.

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http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html

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This is what I found on the matter...

[Grant PDX 183]

When you gain US citizenship you give up your other citizenship. However you can regain the foreign citizenship and retain your US citizenship.

My now ex-wife gained US citizenship while we were married based on the marriage, then regained her Philippine citizenship. The Philippines and many other countries who allow dual citizenship don't require that you give up the previous citizenship to gain theirs, as the US does.

So if Australia doesn't require that foreign citizenship is given up to gain theirs (I have no idea) then you can get it back.

[nwctzn 55]

When you gain US citizenship you give up your other citizenship. However you can regain the foreign citizenship and retain your US citizenship.

My now ex-wife gained US citizenship while we were married based on the marriage, then regained her Philippine citizenship. The Philippines and many other countries who allow dual citizenship don't require that you give up the previous citizenship to gain theirs, as the US does.

So if Australia doesn't require that foreign citizenship is given up to gain theirs (I have no idea) then you can get it back.

Many countries (and I think this includes Australia) regard the "renunciation of prior citizenship" during the US naturalization oath as a formality; i.e., Australia and many countries do not consider that you are giving up your citizenship when becoming a US citizen.

This is from the Australian Government:

http://www.citizenship.gov.au/current/dual_citizenship/

So yes, you will be a dual citizen (i.e., both US and Australian) once you become naturalized in the US.

Edited February 18, 2012 by nwctzn

[SharynY 2]

thankyou!! that answers my question nicely ....

[NickD 202]

thankyou!! that answers my question nicely ....

DOS likes to call it dual naturalization and even forces you to maintain, dual citizenship, which is exactly what it is, by putting your place of birth on your US passport. One thing, none of us had any say in this matter is where we were born.

And because you were born there, regardless of the circumstance, will always be a citizen of that country. Well country dependent, some countries will consider you a traitor, like the old USSR, and for that matter, even the good ole USA. If born or naturalized here, really don't like you applying for citizenship in another country, But consider it okay in most circumstances if you maintain citizenship in the country you were born in.

Like if you are a natural citizen of Australia, that is okay, then become a naturalized citizen of the USA. But say you then want to become a naturalized citizen of France or any other country besides the one you were born in. They won't like that and will take your US citizenship away, even will do that if you were born here and become a citizen of a different country, say like Canada.

But this subject has become very nebulous, know constitutional laws on this subject and left up to the feelings of the current executive branch and the power they have over the Department of State. If say you are a Canadian citizen by birth and decide to become a US citizen, Canada really doesn't care one way or the other. But I as a natural born US citizen, may run into a lot of trouble if I were to apply for Canadian citizenship, all depends on what guys I deal with in the Department of State. May be a problem in maintaining my US citizenship, may not.

With our USCIS, you have to take an oath to renounce your natural born country, but then you are done with that agency and shifted to the DOS that has a completely different set of rules. Discussed this issue in depth with my senator, he is helpless, but yet he is my representative that should make the laws governing these policies.

Getting involved with immigration, really had no idea how screwed up my country is, just formed an opinion, we are lead by idiots and contradictions.

[lynJer 7]

oh By the way....you CANNOT REENTER INTO AUSTRALIA OR HER TERRITORIES WITH ANYTHING ELSE BUT YOUR AUSSIE PASSPORT...

ONCE AN AUSSIE ALWAYS AN AUSSIE....I know of a few that tried to slip in without it - used their yank passport - and boy were they in trouble....so just a heads up...

[SydneytoWaco 0]

oh By the way....you CANNOT REENTER INTO AUSTRALIA OR HER TERRITORIES WITH ANYTHING ELSE BUT YOUR AUSSIE PASSPORT...

ONCE AN AUSSIE ALWAYS AN AUSSIE....I know of a few that tried to slip in without it - used their yank passport - and boy were they in trouble....so just a heads up...

Any idea why that is?

Not that it should be a problem to most people.

[Heliosphan 1]

So if you were to apply for a passport from your birth country, that doesn't conflict with US Citizenship then?

I'm a citizen of Trinidad & Tobago and they allow you to have dual citizenship (they just ask that you tell them which country on the passport form).

[nwctzn 55]

So if you were to apply for a passport from your birth country, that doesn't conflict with US Citizenship then?

I'm a citizen of Trinidad & Tobago and they allow you to have dual citizenship (they just ask that you tell them which country on the passport form).

Yes, you can apply for a passport from your birth country. It does not conflict with US citizenship. However, the rule is that you enter and leave the US with your US passport once you are a US citizen.

[MaggieT 4]

I have a dual citizenship - American and Polish.

Both are recognized by both countries.

[Heliosphan 1]

Yes, you can apply for a passport from your birth country. It does not conflict with US citizenship. However, the rule is that you enter and leave the US with your US passport once you are a US citizen.

OMG this is such a great resource, thank you!

FINAL QUESTION: Brazil requires that US Citizens get a Visa, but I don't need one as a Trinidadian citizen. I want to use my Trinidadian passport to avoid the visa issue. When I return to the US from Brazil, would there be any issue since I wouldn't have a Brazilian visa in my US passport or any stamps from Brazil.

Edited February 19, 2012 by Heliosphan

[nwctzn 55]

OMG this is such a great resource, thank you!

FINAL QUESTION: Brazil requires that US Citizens get a Visa, but I don't need one as a Trinidadian citizen. I want to use my Trinidadian passport to avoid the visa issue. When I return to the US from Brazil, would there be any issue since I wouldn't have a Brazilian visa in my US passport or any stamps from Brazil.

Should not be a problem. In case US border control gives you a hard time why you do not have any visa or stamp for Brazil, then you can say that you are a dual citizen and that you used your 2nd passport to enter/leave Brazil. The rule is, if not asked you don't tell that you are a dual citizen, but if need be, then you do.

Edited February 19, 2012 by nwctzn