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Question having dual US and Canadian citizenship

e.chad

Full Member
Jan 26, 2015
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If a person is naturalized citizen(US) and later move and marries to Canadian spouse, Obtain PR(apply for Canadian Citizenship), Will he/she is allowed to have dual naturalized citizenship? Will it effect the person's US Citizenship in any way in case decides to move back to US for retirement?
 

links18

Champion Member
Feb 1, 2006
2,009
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Yes, that's legal. Naturalizing as Canadian will not affect your US citizenship even if you got it through naturalization. There used to be US laws that assumed you did not have the requisite intent to reside in the US at time of naturalization if you moved abroad within 1 year of your naturalization date--but those laws are not in effect any more.
 

screech339

VIP Member
Apr 2, 2013
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Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
The only way you could lose your dual US citizenship is if you:

1. Formally renounces U.S. nationality before a consular officer;
2. Serves in the armed forces of a foreign state engaged in hostilities with the United States;
3. Takes a policy level position in a foreign state;
4. Is convicted of treason.

BTW: Since US is not signatory to "preventation of stateless" a non-dual American can become stateless if he/she engaged in the above list.
 

links18

Champion Member
Feb 1, 2006
2,009
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screech339 said:
The only way you could lose your dual US citizenship is if you:

1. Formally renounces U.S. nationality before a consular officer;
2. Serves in the armed forces of a foreign state engaged in hostilities with the United States;
3. Takes a policy level position in a foreign state;
4. Is convicted of treason.

BTW: Since US is not signatory to "preventation of stateless" a non-dual American can become stateless if he/she engaged in the above list.
And you have to do those things, well at least #3, with the intent to relinquish US citizenship.
 

Natan

Hero Member
May 22, 2015
496
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e.chad said:
If a person is naturalized citizen(US) and later move and marries to Canadian spouse, Obtain PR(apply for Canadian Citizenship), Will he/she is allowed to have dual naturalized citizenship? Will it effect the person's US Citizenship in any way in case decides to move back to US for retirement?
Being naturalized as a Canadian citizen is a potentially expatriating act. In order to lose your citizenship, the U.S. Department of State (DoS) would have to assert that you naturalized as a Canadian citizen with the "intention" to relinquish U.S. citizenship. Thus, it is important that you make your intentions absolutely clear and unambiguous at all times. Following are some guidelines to make your intent clear:

1. Do things that only a U.S. citizen can do, e.g., vote in U.S. elections, maintain a current U.S. passport.
2. Never, ever, EVER travel to the U.S. on a foreign travel document, not even a Canadian enhanced drivers licence. Always use an American issued travel document (e.g., passport, passport card, U.S. enhanced drivers licence).
3. When filling out forms, even for other governments, when asked your citizenship, ALWAYS include U.S.A.
4. Never make any statement that you emigrated from the U.S.A. to avoid paying U.S. taxes, or because U.S. taxes are too high.
5. Never make any statement that you emigrated for political reasons (e.g., not liking the current president, not liking U.S. foreign policy).
6. Never present a foreign travel document (e.g., passport) to a U.S. peace officer as identification. never volunteer to give them a foreign travel document.
7. Never apply for a visa to enter the U.S.A. Never apply for an ESTA to enter the U.S.A.

In short, always act in ways that only a U.S. citizen would act. Avoid acting in ways that a U.S. citizen would not act.
 

Natan

Hero Member
May 22, 2015
496
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screech339 said:
The only way you could lose your dual US citizenship is if you:

1. Formally renounces U.S. nationality before a consular officer;
2. Serves in the armed forces of a foreign state engaged in hostilities with the United States;
3. Takes a policy level position in a foreign state;
4. Is convicted of treason.

BTW: Since US is not signatory to "preventation of stateless" a non-dual American can become stateless if he/she engaged in the above list.
The above is not true. There are many ways to lose U.S. citizenship.

One can "relinquish" U.S. citizenship by committing a potentially expatriating act with the intention of relinquishing U.S. citizenship. Such relinquishment may not be recognized by the U.S. Government. On the other hand, some acts may result in a revocation of citizenship despite an intention to maintain U.S. citizenship; if the U.S. Government can establish that your actions belie an intention to relinquish citizenship.

One can "renounce" U.S. citizenship by formally declaration before a U.S. Government official, according to the then prevailing rules of the U.S. Department of State.

As a general rule, the U.S. will not revoke U.S. citizenship from a natural born citizen who would be rendered stateless by such a revocation. On the other hand, the U.S. Government has revoked U.S. citizenship from dual nationals, natural born or not, countless times, before deporting them from the U.S.A.
 

screech339

VIP Member
Apr 2, 2013
7,877
549
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
14-08-2012
AOR Received.
20-11-2012
Med's Done....
18-07-2012
Interview........
17-06-2013
LANDED..........
17-06-2013
Natan said:
The above is not true. There are many ways to lose U.S. citizenship.

One can "relinquish" U.S. citizenship by committing a potentially expatriating act with the intention of relinquishing U.S. citizenship. Such relinquishment may not be recognized by the U.S. Government. On the other hand, some acts may result in a revocation of citizenship despite an intention to maintain U.S. citizenship; if the U.S. Government can establish that your actions belie an intention to relinquish citizenship.

One can "renounce" U.S. citizenship by formally declaration before a U.S. Government official, according to the then prevailing rules of the U.S. Department of State.

As a general rule, the U.S. will not revoke U.S. citizenship from a natural born citizen who would be rendered stateless by such a revocation. On the other hand, the U.S. Government has revoked U.S. citizenship from dual nationals, natural born or not, countless times, before deporting them from the U.S.A.
Since US is not signatory to UN prevention of statelessness, you can become stateless if you renounce your only american citizenship. If US was a signatory to it, US would not allow you to renounce citizenship if it lead to stateless. But in this case, US cannot stop you from becoming stateless.
 

links18

Champion Member
Feb 1, 2006
2,009
128
When you apply for a future US passport it will ask you if you have naturalized in a foreign state. Answer truthfully, but attach a statement indicating that you did not do so with the intent to relinquish US citizenship and you will most likely be fine. Its not easy to get rid of US citizenship; even if you want to, Uncle Sam wants to keep that tax revenue flowing.....
 

keesio

VIP Member
May 16, 2012
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Toronto, Ontario
Category........
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App. Filed.......
09-01-2013
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09-07-2013
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30-01-2013
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11-02-2013
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02-01-2013
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waived
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12-07-2013
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15-08-2013
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14-10-2013
links18 said:
When you apply for a future US passport it will ask you if you have naturalized in a foreign state. Answer truthfully, but attach a statement indicating that you did not do so with the intent to relinquish US citizenship and you will most likely be fine. Its not easy to get rid of US citizenship; even if you want to, Uncle Sam wants to keep that tax revenue flowing.....
Thanks for the tip. I'll need to renew my US passport in a few years so it is good to know.