Dual Citizenship
Many people can become essential to the economic and political progress in Haiti. Dual citizenship will allow us to be able to promote our goods and that of another country; allowing us to also benefit from another countries political leadership that will help keep out political system in check.
Dual citizenship does not weaken loyalty. If anything, it strengthens ones feelings because it reassures us that one will not be punished for loving one's country. It also assures us that a child would not be penalized for where they so happen to be born. Remember, nationality is defined as
Nationality is a relationship between a
person and their
state of
origin,
culture, association,
affiliation and/or
loyalty. nationality is established at birth by a child's place of birth (
jus soli) and/or bloodline (
jus sanguinis). Nationality may also be acquired later in life through
naturalization.
Some of the benefits of dual citizenship include: caring two passports and essentially live, work, and travel freely within our native and naturalized countries. Some depending on the country, with dual citizens can also enjoy the privilege of voting in both countries, owning property in both countries, and having government health care in both countries.
Dual citizenship is becoming more common in our increasingly interconnected, global economy. Many countries are now seeing the advantages of dual citizenship and are liberalizing their citizenship laws (India, the Phillippines, and Mexico are recent examples). Dual citizenship has the advantages of broadening a country's economic base by promoting trade and investment between the dual citizen's two respective countries.
In general, countries define citizenship based on one's descent, place of birth, marriage, and/or naturalization. That is, you might be a citizen of a given country for one or more of the following reasons:
You were born on territory belonging to, or claimed by, that country (often called ius soli, or sometimes jus soli -- Latin for "right of the soil").
One or both of your parents were citizens of that country (often called ius sanguinis or jus sanguinis -- Latin for "right of the blood").
You married a citizen of that country (though please note that the practice of granting immediate, automatic citizenship to a foreign spouse is far less prevalent today than it was decades ago).
You (or one or both of your parents) obtained that country's citizenship by going through a legal process of naturalization.
Dual citizenship can be a double edge sword. A person with dual citizenship can serve in foreign government and armies. Some feel identity should involve three principles, liberty and self-determination, and commitment to the countries values.
The globalization movement under the North American Free Trade Agreement and the European Union will allow executives to move without effort from one country to another and harvest the rewards of multinational corporate trade.
If anything, we probably would benefit from the financial and political clout from nationals abroad. Granted we may sincerely profess our love for both our native and adopted countries, but dual citizenship will not water down our patriotism even though eventually shared national loyalties, may sooner or later, may come into conflict.
Us state department
US State Department
policies on
dual citizenship Last revised: 2006-09-10 17:44:05-0700
This page discusses various documents distributed by the State Department on the subject of dual citizenship and loss of citizenship. Several documents of this type can be found at
http://travel.state.gov/law/acs.html on the State Department's Web site.
Acquisition of US Citizenship by a Child Born Abroad This document describes the criteria under which a child born outside the US is a US citizen by birth.
With regard to a child born outside the US to two American parents who are married to one another, this State Department document fails to mention the requirement that at least one parent must have "had a residence" in the US prior to the child's birth. This requirement is still a part of the law [
INA 301(c),
8 USC § 1401(c)].
Click
here for a description of the sorts of documents needed in order to establish a claim to US citizenship.
Dual Nationality This document summarizes the concepts surrounding dual citizenship and US policy on this subject.
Note that the kinds of concerns expressed here over dual citizenship have to do with problems dual citizens may encounter in other countries and the difficulties US diplomats may have trying to help dual US/other citizens abroad. There is no suggestion that the US has any objections if someone really
wants to keep both US and foreign citizenship.
Advice about Possible Loss of US Citizenship and Dual Nationality This document explains the current US policy on the retention and loss of US citizenship in connection with dual citizenship. The text of this document was originally sent by the State Department to all diplomatic and consular posts via telegrams on 16 April 1990; see 67
Interpreter Releases 799 (23 July 1990) and 67
Interpreter Releases 1092 (1 October 1990).
Notice the emphasis on
keeping US citizenship following foreign naturalization or the taking of a foreign oath of allegiance. This represents a near-total reversal of earlier policies which assumed such actions were strongly indicative of a desire to
give up US citizenship.
Also, persons who previously lost US citizenship may, if they wish, have their cases reopened and readjudicated under the new, far more permissive rules. I have corresponded, within the past couple of years, with at least two individuals who regained their US citizenship in this manner after having had it revoked in the 1970's.
In the 1990 telegram, the State Department explained the new policy in the following words: "Changes in interpretation of citizenship law have made [loss of citizenship] cases progressively more difficult to manage. . . . [i]n the past, we have responded to this challenge with more officer time, closer supervision and extra training. At this point, however, we must look to substantial changes in the process if we are to provide equitable, timely and defensible decisions."
On 8 May 1996, I sent the US consulate in Toronto a letter indicating that my wife and I were in the process of applying for Canadian citizenship (but
without intending thereby to give up our US citizenship) and asking for confirmation of the US's current policy on dual citizenship. In response, the consulate mailed us a copy of this document, with no cover letter or other explanatory notes.
Click
here for a description of special considerations involving US citizens who seek or obtain public office in foreign countries.
Advice about Possible Loss of US Citizenship and Foreign Military Service This document describes the US policy on dual US/other citizens who serve (voluntarily or otherwise) in the military forces of other countries.
Note that, although such service is strongly discouraged by the US, it is recognized as being inevitable in some cases because of mandatory military service policies of other countries. In general, a dual US/other citizen who serves in the army of his other country of citizenship will
not lose his US citizenship as a result.
Renunciation of US citizenship This document describes the conditions under which a US citizen who really wants to give up his US citizenship may do so.
Click
here for a discussion of situations where a US citizen wishes to renounce his citizenship while continuing to live in the US. In general, this is not permitted except in rare situations.
Citizenship questionnaire
At one time, a
questionnaire was given to US citizens when consular officials became aware of a possible dual citizenship situation -- e.g., when the person sought to renew his or her US passport following acquisition of another citizenship. It appears that this questionnaire is no longer routinely used, but it may still be of some interest.
The intent of one question may not be immediately obvious. Question 6 (which asks an applicant born with dual US/other citizenship if he claimed benefits of his other citizenship between 1952 and 1978) refers to a section of the INA [section 350;
8 USC § 1482] which said that claiming such benefits could in certain cases result in loss of US citizenship. Even though this section was repealed in
1978 (Public Law
95-432), some people born with dual citizenship may still have lost their US citizenship before that time on account of this provision. The repeal did not automatically restore the citizenship of those affected; however, depending on the circumstances, it may be possible to get it back in light of the State Department's current reinstatement policy. Note that reinstatement of citizenship under such circumstances may involve taking the US naturalization oath, including the renunciatory clause. Depending on the laws of your other country, taking this oath may have adverse effects on your citizenship status in that country; check this out carefully before doing something you might regret later.
01-10-08, 12:23 PM
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