It's important to look at archive info that hasn't been manipulated by the Obots. I will not post all of that here for that reason.
Also VERY good: http://www.richw.org/dualcit/policies.html
Also: http://www.haitiwebs.com/showthread.php?t=48096
The problem of dual citizenship in the United States. In many cases, Am. citizens could be citizens of other States. Existing legislation allows them to maintain two (or more) of citizenship, where am. citizens have another nationality by birth or have acquired the citizenship of another State, having already am. and the laws of another state does not require a formal renunciation of U.S. citizenship.
By virtue of the fact that at present there is no U.S. treaties with other countries on mutual recognition of nationalities, the term dual citizenship applies universally to all cases of multiple nationality. For the purposes of s. Government's concept of dual nationality means that they face two or more countries simultaneously, and each one has its own citizenship laws based on a system of law of the country.
Traditionally, followers of the practice of rigid approaches to cases of multiple U.S. Department of State - whose role is to determine the citizenship status of Americans held abroad or applying for a passport in the country - in recent years to track any longer, even when foreign. s become citizens. citizenship by naturalization, but want to retain their current citizenship of another country.
By acquiring United States citizenship, a person under oath renounces citizenship of other countries and, in theory, a mismatch that oath may result in loss Am. citizenship. But from a legal point of view Am. oath will not affect the validity of the citizenship laws of other states, and the person taking am. citizenship, in most cases is not automatically deprived of their existing citizenship. On the one hand, the U.S. did not formally make the newly naturalized citizen to contact the consulate of his first State of nationality and to renounce it, on the other hand, not doing so, the person as though indirectly suggests insincerity of their oath, which previously often led to a loss of U.S. citizenship . Now, to avoid confusing multiple trials (and from multiple cases is here for hundreds of thousands), fed. U.S. authorities prefer «blind» to the problem.
Official. U.S. position with regard to dual citizenship, which is guided by State Department, has been set forth in his telegram am. consulates and embassies on April 16. 1990. (67 Interpreter Releases 799, 23.07.90, 67 Interpreter Releases 1092, 01.10.90).
The preamble of the telegram states that «the changes in the interpretation of the law on nationality, make it increasingly difficult to review contested cases ... In the past, our response was to increase the man-hours, a full hearing, as well as improving education and training. However, significant changes in the process to ensure impartial, quick and justifies the decision ... and »
According to the latest revision of the INA (Section 349), U.S. citizens could lose their citizenship by voluntarily committing a series of actions with the intent to abandon am. citizenship. These include: naturalization in foreign. State; taking the oath or solemn declaration of fidelity Foreign. State or its policy. offices, service in foreign armies. States involved in hostilities against the United States, as well as the officer rank in the Foreign Troops. States occupation government. positions in the Foreign. State, the state of nationality of that State, or taking an oath on appointment to the post, a formal renunciation of U.S. citizenship before the employee s. Consular office abroad, a formal renunciation of Am. Citizenship in the U.S. (but only in time of war); state. treason.
All of the above may result in loss of citizenship, just as committed with the intention of relinquishing it. To determine whether the actions of a citizen in the U.S. so, State Department uses «Uniform Admin. standard of proof »(Uniform Administrative Standard of Evidence), which is based on the assumption that« am. citizens intend to retain United States citizenship if (a) Naturalization of Foreign. State, and (b) signing the declaration of foreign allegiance. State in accordance with established practice there, or (c) accepting an offer «nepolit. work in foreign. Government ».
In accordance with this presumption, a U.S. citizen, committing acts falling within paragraphs (a), (c) and (c), shall not be obliged to declare in advance their intention to retain citizenship, because it is stored for them automatically.
If the cases, the relevant section 349, paragraphs 1,2,3,4, are in the field of view Am. consular officer, he may ask a citizen, whether he committed his acts with the intent to abandon am. citizenship. After receiving otritsat. response, U.S. Consul confirms official. that the actions of citizens do not bear in itself the intention of renunciation of citizenship, and, accordingly, the U.S. citizenship of that person's remains.
When you put. reply, this person will be asked to fill out special. questionnaire to determine its relationship to U.S. citizenship. By filling out the questionnaire and sign a statement of voluntary relinquishment of citizenship, Am. Consul prepare a certificate of loss of nationality. Certificate, in turn, forwarded for consideration and decision in the State Department.
Adm. standard of proof does not apply if the person is formally renounce U.S. citizenship before the Am. Consul abroad, took the state. post «policy. level »in Foreign. State has committed an act of state. treason or «being in the status of immigrant, committed an act so inconsistent with U.S. citizenship, which they regarded as the intention of the voluntary renunciation of citizenship».
Three recent cases are considered am. consular service on an individual basis.
In all other cases, the presence of the U.S. citizenship of a citizen of another state does not create a direct threat to his am. citizenship.
Recognized that a person can have dual citizenship by virtue of the laws the United States and another State, not by choice (for example, a child born abroad of Am. Parents can be a U.S. citizen and country of birth). U.S. citizen may acquire foreign. citizenship by marriage to an alien, a naturalized American, is not necessarily lose the citizenship of the country of birth, American by another nationality in virtue of certain circumstances, automatically, does not risk losing U.S. citizenship.
U.S. citizen is obliged to leave and arrive in the country on AM. passport, but the second State may require the same in his regard. Using a U.S. passport of another country did not pose the threat of Am. citizenship.
At the same time, it is assumed that a person with dual citizenship are equally loyal to the United States and another State. They are required to obey the laws of both countries and each country has the right to enforce its national laws there are. At the same time, when an insoluble conflict between states (eg, war), dual nationals must comply with the U.S. and am faithful. laws even in the hostile country to maintain their citizenship in the future (U.S. Supreme Court ruling in the case of Kawakita v. US; 343 US 717, 1952).
While the U.S. recognizes the possibility of two or more nationalities to its citizens, Am. Government does not encourage multiple because of potential problems that it may represent. The jurisdiction of another State to U.S. citizens with dual citizenship may be contrary to the laws of the United States and limit the possibility of am. Government to promote it abroad, because domicile country has more rights to it.
U.S. law does not consider himself the subject of dual citizenship and does not require citizens to choose one of two or more nationalities. Quite the contrary. In one of the basic immigration status Afroyim v. Rusk, 387 US 253, 1967, the U.S. Supreme Court used the reasoning of 14 amendments to the Constitution, to affirm the right of Am. Citizens for dual citizenship (the first sentence of the amendment, the so-called «item on citizenship», states that «All persons born or naturalized in the United States and subordinate jurisdictions onyh are U.S. citizens and the state in which they reside»).
Afro been naturalized in the United States of Poles, who moved to Israel in 1950. He tried to renew his expired am. passport in 1960., but the State Department received a waiver on the grounds that the law on immigration and citizenship, he lost U.S. citizenship by taking part in the elections in Israel in 1951. Afro sued the State Department and the U.S. Supreme Court ruled that it is still am. citizen.
The starting point of such a ruling was the Court's decision that the 14 amendment elevates the status of citizenship in the constitutionally guaranteed right and, accordingly, the U.S. Congress had no right to adopt a law depriving a person of citizenship without his consent. In this regard, the Supreme Court invalidated provisions of the deprivation of automatic citizenship for participation in the elections in another country, as well as similar provisions relating to service in the Foreign. Foreign armies and adoption. oath, except when such acts are committed with the intention of relinquishing U.S. citizenship. Following the court decision on this and similar immigration cases the U.S. Congress has made the appropriate changes in immigration law in 1978 (Public Law 95-432), 1986 (Public Law 99-653) and 1994. (Public Law 103-416).
Under consideration by Congress is 7 bills, one way or another regarding the issues of citizenship, but none of them does not affect the issue of dual or multiple nationality. In general, Am. unlikely to recognize the legal change in relation to this matter.
U.S. has no treaty on mutual recognition of dual citizenship with other countries. In the late XIX - early XX centuries. United States ratified a number of treaties on nationality (the so-called «contract Benkrofta», on behalf of a well-known am. Diplomat J. Benkrofta), but their goal was just the prevention of cases of dual nationality by automatic deprive a person of U.S. citizenship when adopting the State of nationality of the counterparty under the contract, and vice versa. As a result, as many decisions Am. Supreme Court's dual citizenship, these contracts were not feasible, and to date the U.S. got out of all.
I think that this needs to be verified with USCIS regarding countries with "favored nation status" (Canada, England, France, etc.) -- I beleive that citizens of these nations are automatically allowed to keep their foreign citizenship while becoming an American citizen.