Can my baby loose her Us citizenship?

[goodgirl2013 0]

Hello,

I came to the Us With a k1 visa from Mexico, I have a son with my husband who born here in Texas a year ago. I will go visit my parents to Mexico with my son and I was wondering if I can register him there too, so he can have both nationalities???

My biggest fear is that he loose the Us citizenship if I register him in Mexico.

Does anyone have experience with this?? Can anyone tell me pros and cons???

Thank you so much

[Penguin_ie 5,993]

**** Moving from Effects of Major Changes to Mexico forum as the question pertains to foreign citizenship ******

The USA allows dual citizenship (I have three!), so the question would be if Mexico allows the same.

[Thomas&Cleofe 358]

The US does not condone dual citizenship because of contradiction of conflicting governmental laws (which the citizen is required to abide by all laws of their citizenship(s). However the US government does understand the need for and does allow for dual citizenship.

If you are still a citizen of Mexico and were born in Mexico, then yes your child meets the requirements to apply for Mexican citizenship.

[Ian H. 207]

The US does not formally allow dual citizenship nor do they recognize it, hence this is why they require that you renounce your current and all former nationalities when you naturalize.

There are limited instances in which one may lose US citizenship and simply acquiring a new citizenship isn't one of them. Usually, they will strip a person of his/her USC if they do so voluntarily and with the intention of renouncing their USC, such as taking an oath of allegiance to a foreign country. I believe this info can be found in your passport.

In this case however, you have no risk because the baby was born to a foreign citizen and a USC, therefore already has both nationalities. Simply recognizing that nationality by registering him in Mexico will not affect his USC. Since being born in a foreign country isn't a voluntary choice, the above wouldn't apply to you.

Now if the baby were born in the US and both of you were citizens and later he naturalized in Mexico, then there is the possibility of losing USC. This is because normally in order to become a citizen of another country, you have to renounce any former nationality. I believe some countries don't require that you renounce your citizenship, the UK for example, may be one.

I know USC's born here who have claimed their Dominican nationalities and have had no issue. As a matter of fact we were going to do this process for my siblings so that they don't have to pay for tourist visas or penalties when we travel to DR.

If the Mexican government recognizes jus sanguinis citizenship, then the baby would have a claim to Mexican citizenship by birth.

Edited September 13, 2014 by Ian H.

[Ian H. 207]

The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality 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. national parents may be both a U.S. national and a national of the country of birth.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.

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

[NickD 202]

What government agency are you talking about, the USCIS or the DOS. Yes you take a solemn oath with the USCIS, but no longer dealing with them, now its the DOS.

They even tell you in their website covering over 200 different countries if you have to maintain your home countries passport, And to make sure you do this, put that home countries place of birth in your US passport. And if you visit your home country, that is the very first thing the POE looks at. And if you don't have a passport for that country, they won't let you in.

But they don't like the term, dual citizenship, like using dual natualization instead. But the only way to get a passport from any country is also to be a citizen of that country. Since she left Colombia as a teenager, she had to renew her Colombian citizenship. And unlike here, can't do this yourself, so we had to hire a notary that creamed us for $1,5000.00 US dollars, They love 100 dollar US bills down there. Then after all this BS, she could apply for a passport, another couple of hundred bucks, just so she could visit her mom.

She felt she was going against her oath by doing this, but only choice was to go through it, or never see her mother again. It is the law by an agreement with our DOS and the Colombian government.

I really don't know the law with Mexico, at one time, we were all free just to go down there as well as Canada, but you can find this information in the DOS site under Mexico.