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US/Canadian dual citizenship confusion
06-01-2012, 03:00 AM
Post: #1
US/Canadian dual citizenship confusion
Hi, everyone. It's been some time since I've been on here. I've had my permanent residency since March of 2010. I'm trying to figure out if I can have Canadian dual citizenship with my U.S. citizenship? I'm reading on the U.S. State Department website and found this:

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.

So, am I correctly understanding that if I do apply for Canadian citizenship, I can't have dual? Or if it's allowed, I'm not understaning the whole "may lose U.S. citizenship" In no way, shape or form do I want to lose it. I'm not sure what circumstance would cause this to happen. Can anyone enlighten me?

Sent Application 12/03/09
Application Rec'd 12/04/09
Sponsorship Approved 12/31/09
File rec'd in Buffalo to start processing 1/13/10
Decision Made 2/09/10
Request received via email for passport 2/09/10
Passport received with CoPR 3/1/10
Landed 3/25/10
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06-01-2012, 04:35 AM (This post was last modified: 06-01-2012 04:44 AM by RobsLuv.)
Post: #2
RE: US/Canadian dual citizenship confusion
I think the key is here: "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." Some countries would require you to give up your citizenship in order to become a citizen there. The United States (and Canada) both allow dual citizenship, so you are not required to give up one citizenship in order to have the other. However, the US doesn't officially "recognize" your Canadian citizenship. We have Canadian friends who lived in the US for years - their children were born there, and are dual citizens as a result. But when they are in the United States, the children are US citizens - their Canadian citizenship is irrelevant when they are in the US. In the US, you are always only a US citizen.

Also, even when you live in Canada as a dual citizen, your Canadian citizenship does not preclude you from the responsibility of things like filing your US tax return, applicable military draft, etc. My husband and his siblings were born in Canada to an American father - they could have chosen to claim their US citizenship before age 18, but didn't because of the draft for the Vietnam war. Even as Canadian born citizens, had they taken their US citizenship as well, they would have had to sign up for the draft - and they weren't willing to do that.

So, yes, you can be a dual citizen - as long as you remember that being a Canadian citizen as well as a US citizen does not afford you any relief from your responsibility to the red, white and blue!

2007Apr-to Buffalo
2007May-docs request
2008Jan-refused/inadmissible over 18 "dependent"
2008Feb-filed appeal
2008Dec-ADR fails
2010Jan-appeal allowed
2010Apr-Buffalo recvs file
05Jan2011-COPR recd
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06-01-2012, 04:47 AM
Post: #3
RE: US/Canadian dual citizenship confusion
Here is the official text from the US State Department web site:

Quote:As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to a declaration of 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.

There is quite a bit more information on that website, but it is clear to me from reading it in the past (and reviewing it again now) that dual citizenship (via naturalization) is permitted. If you decide that you wish to become Prime Minister or serve as a diplomatic officer on behalf of Canada to the United States then you MIGHT have something to worry about.

FSW: App 6/09, reject 12/11, JR leave 7/12, discontinued 9/12
Spousal: App 3/12, sponsor approval 6/12, PPR 9/12. Landed 13 October 2012.
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