Dual Nationality And Losing U.s. Citizenship

[Mr Lee]

http://www.abs-cbnnews.com/views-and-analy...tty-mike-temploDual Nationality and Losing U.S. Citizenship --Atty. Mike Templo--------------------------------------------------------------------------------By ATTY. MIKE TEMPLO, abs-cbnNEWS.com | 12/06/2008 4:28 AMA common question I get at social dinners and events relates to dual nationality and how the U.S. views such status. By way of definition, when a person has dual nationality, he or she possesses two citizenships at the same time. There are numerous ways how this could happen, like being born a U.S. citizen then naturalizing in another country without losing U.S. citizenship. Another instance where dual nationality arises is when a child is born to a U.S. citizen abroad. That child may not only acquire U.S. citizenship, but also the nationality of the country where it was born. On the flip side, a child born within the United States to non-citizens may acquire U.S. citizenship and the nationality of the non-citizen parents.In response to how the U.S. views such status, it is not favored as a matter of policy because of potential complications that may arise. For example, a person with dual nationality may have conflicting obligations between the United States and the other country of nationality. In addition, problems may arise in how to apply foreign diplomatic benefits and protections to persons holding dual nationality. Regardless of its frown upon dual nationality, the U.S. remains cognizant of its existence. Currently, there is no U.S. law that is on point in addressing the concept of dual nationality or the requirement that the child must choose one nationality when they reach the age of majority. What is discussed in the law is loss of U.S. citizenship. Section 349 (a)(1) of the INA (Immigration and Nationality Act) lays out how one can lose U.S. citizenship. Under this section, a person eighteen years or age or older may lose U.S. citizenship if he or she voluntarily naturalizes in another country with the intention, as evidence by his or her acts or statements, of relinquishing U.S. citizenship. However, U.S. citizenship is not easily lost since there is an assumption that U.S. citizens who naturalize in foreign countries still intend to keep their U.S. citizenship. Below are other acts that may lead to a loss of U.S. citizenship are listed below:(1) Obtaining naturalization in a foreign state;(2) Taking an oath, affirmation or other formal declaration of allegiance to a foreign state or its political subdivisions;(3) Entering or serving in a foreign state

[Mik]

A US citizen may acquire a second citizenship in a foreign country without fear of losing US citizenship. It depends on the person's intent. You pretty much would have to go to the embassy and formally renounce your US citizenship to lose it. The dual citizen can help protect their US citizenship by keeping his US passport current and filing US federal tax returns each year. http://travel.state.gov/law/citizenship/citizenship_778.htmlI don't think I would become a Philippine citizen - then I would have to pay taxes to them on my US pension. The Philippines taxes their citizens on their worldwide income, just like the US does to its citizens.http://www.bir.gov.ph/taxcode/1560.htm

<snip>Section 349 (a)(1) of the INA (Immigration and Nationality Act) lays out how one can lose U.S. citizenship. Under this section, a person eighteen years or age or older may lose U.S. citizenship if he or she voluntarily naturalizes in another country with the intention, as evidence by his or her acts or statements, of relinquishing U.S. citizenship. However, U.S. citizenship is not easily lost since there is an assumption that U.S. citizens who naturalize in foreign countries still intend to keep their U.S. citizenship. Below are other acts that may lead to a loss of U.S. citizenship are listed below:(1) Obtaining naturalization in a foreign state;(2) Taking an oath, affirmation or other formal declaration of allegiance to a foreign state or its political subdivisions;(3) Entering or serving in a foreign state's military engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in a foreign state's military; (4) Accepting employment with a foreign government if one has or acquires the nationality of that foreign state or in accepting the position, is tantamount to a declaration of allegiance;(5) Formally renouncing U.S. citizenship before a U.S. consular officer outside the United States;(6) Formally renouncing U.S. citizenship within the U.S. in time of war;(7) Conviction for treason.<snip>

[Mr Lee]

A US citizen may acquire a second citizenship in a foreign country without fear of losing US citizenship. It depends on the person's intent. You pretty much would have to go to the embassy and formally renounce your US citizenship to lose it. The dual citizen can help protect their US citizenship by keeping his US passport current and filing US federal tax returns each year. http://travel.state.gov/law/citizenship/citizenship_778.htmlI don't think I would become a Philippine citizen - then I would have to pay taxes to them on my US pension. The Philippines taxes their citizens on their worldwide income, just like the US does to its citizens.http://www.bir.gov.ph/taxcode/1560.htm

I know you are correct Mike, but like with any laws, one has to be careful to not break the little bs rules they insert and when I saw that article, I felt it best to post it, so members would know to be careful. I do not think I want to be a citizen of the Philippines and while I would like to be a registered resident someday, I am pretty sure that I would want to keep my US citizenship in case of emergencies or if the government or the Philippines falls for some reason, and that seems to always be a possibility in the last number of years. :1 (103): Heck after this last election in the states, the government of the US may also someday fall apart, but that is a whole different story and I better not go there. :9436: :kidding: