Warning - Persons born in the US without a US Passport
May 30, 2004, 1:49 pm
#32
Join Date: May 2000
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Even when the child is 21, parents do not get automatic citizenship in the US. They first get permenant residency (free of capacity control though) sponsored by the child or other 1st grade family member who is a US citizen. This is valid for 40 3-month periods (10 years) and only if proven to be benefitial to the society (no being on wellfare or jailed) they can get the citizenship.
It is a common practice in many countries that a citizen can enter the country only with a valid local passport. I know it's like this in Israel and Russia for sure. Somehow they will know that you are a citizen, and it's better that the airline agent will pick it up at your departure airport than being denied to enter or even detained at your destination.
It is a common practice in many countries that a citizen can enter the country only with a valid local passport. I know it's like this in Israel and Russia for sure. Somehow they will know that you are a citizen, and it's better that the airline agent will pick it up at your departure airport than being denied to enter or even detained at your destination.
May 31, 2004, 12:56 am
#34
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Originally Posted by hfly
If they then marry a US citizen its cut down to 5 years, rather than 10 I believe.
May 31, 2004, 6:55 am
#36
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Originally Posted by hfly
Notice that it says: "WITH THE INTENTION TO RELINQUISH US CITIZENSHIP". which is a little different than what you said below.
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 routine declarations of allegiance to a foreign state, or accept non-policy level employment with a foreign government.
In light of the administrative premise discussed above, a person who:
(1) is naturalized in a foreign country;
(2) takes a routine oath of allegiance or
(3) accepts non-policy level employment with a foreign government
and in so doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed.
When, as the result of an individual's inquiry or an individual's application for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. citizen has performed an act made potentially expatriating by Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4), the consular officer will simply ask the applicant if there was intent to relinquish U.S. citizenship when performing the act. If the answer is no, the consular officer will certify that it was not the person's intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship.
see http://travel.state.gov/loss.html for full details
So nobody need worry about loosing citizenship UNLESS they a) complete a sworn (written) declaration renouncing their US citizenship (this can be a required document by states that do not allow dual citizenship) b) they join the armed forces of a state at war with the US (there are many legal precedents establishing this as a form of loss) c) has a policy making position in a foreign state (vague but usually is a member of federal parliament - not sure if state / local goverments count)...
May 31, 2004, 8:25 am
#37
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And that is mostly a cold war relic as literally dozens of US citizens have regained second nationalities from former Communist countries and have gone back and served in Parliaments and even become Prime Ministers of countries while still retaining their US citizenship. I would think that Cuba and North Korea would be the last two that thsi would be enforced on.
May 31, 2004, 8:33 am
#38
Join Date: May 2000
Location: Naples, Florida
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Originally Posted by Aviatrix
Not necessarily the case. There are quite a few countries which do not allow dual citizenship, or which only allow it in certain circumstances. For example, German citizens lose their German citizenship if they "actively seek" the citizenship of another country (i.e., by applying for it). I understand that the same goes for several other EU countries.
May 31, 2004, 8:50 am
#39
Join Date: May 2000
Location: Kfar Saba, Israel
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Originally Posted by ANDREWCX
(3) accepts non-policy level employment with a foreign government
May 31, 2004, 2:16 pm
#40
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Originally Posted by dcpremex
Also as I understand it. the fact of birth alone does not necessarily in and of itself make you a US citizen. (Someone on vacation here from another country who happens to give birth here - the child is not automatically a US citizen).
http://www.usconstitution.com/14thAmendment.htm
[Edited to note that I posted the above before I saw that the conversation had moved on, but none of the previous posters had noted that it is the Constitution, via the 14th Amendment, that guarantees children born in the United States citizenship.]
Last edited by amanuensis; May 31, 2004 at 2:23 pm
May 31, 2004, 5:40 pm
#41
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Originally Posted by dcpremex
This is not quite the case. Section 215B does not say that anyone born in the US is deemed a US citizen nor does it even mention a "loss of nationality' letter. Section 215(b) of the act does state that "(b) Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport." http://uscis.gov/lpBin/lpext.dll/ins...me.htm#slb-act
May 31, 2004, 6:37 pm
#42
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Here is something that I have found on the Canadian Department of Foreign Affairs website for the U.S. travel advisory:
http://www.voyage.gc.ca/dest/report-...country=308000
Some Canadians may have U.S. as well as Canadian citizenships. It is always wise for you to understand your status under U.S. law. Canadians who are also U.S. citizens should always identify themselves as U.S. citizens when entering the United States. For information on dual citizenship, consult the "Dual Citizenship" section of the American Citizen Information Services Web site (www.amcits.com/dual.asp ) or contact the U.S. consulate serving your area in Canada.
May 31, 2004, 6:54 pm
#43
Join Date: Nov 2002
Location: New York City
Posts: 4,002
Originally Posted by wyseson
The problem is he tried to enter the US without a valid US passport as clearly stated is unlawful. In my opinion the law is stupid. It says one can't travel out of the United States without a passport. I know a lot of people who go to Canada without a passport. This law is therefore not fully enforced. When we leave the US we are not checked on whether we carry a passport. A second question is whether one must use their US passport to enter the US. This is not in the law. What if one has a vaild passport but chooses not to use it?
Dec 18, 2009, 8:50 am
#44
Join Date: Mar 2008
Posts: 235
And that is mostly a cold war relic as literally dozens of US citizens have regained second nationalities from former Communist countries and have gone back and served in Parliaments and even become Prime Ministers of countries while still retaining their US citizenship. I would think that Cuba and North Korea would be the last two that thsi would be enforced on.
Dresnok's case would be even more interesting http://en.wikipedia.org/wiki/James_Joseph_Dresnok (Dresnok has been naturalized Noth Korean, I'm not sure about Jenkins) but since he has no intention of exercizing his US citizenship, we won't know unless and until his son tries to claim US citizenship based on birth from a US citizen.
As for the other defectors, we'll never know since they died of "heart attacks" in their thirties - and didn't have kids (at least none born after their defection).