×

Loading...
Ad by
  • 最优利率和cashback可以申请特批,好信用好收入offer更好。请点链接扫码加微信咨询,Scotiabank -- Nick Zhang 6478812600。
Ad by
  • 最优利率和cashback可以申请特批,好信用好收入offer更好。请点链接扫码加微信咨询,Scotiabank -- Nick Zhang 6478812600。

Dual Nationality

本文发表在 rolia.net 枫下论坛Dual Nationality

The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

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. Intent can be shown by the person's statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance. However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.Most countries permit a person to renounce or otherwise lose citizenship. Information on losing foreign citizenship can be obtained from the foreign country's embassy and consulates in the United States. Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.更多精彩文章及讨论,请光临枫下论坛 rolia.net
Report

Replies, comments and Discussions:

  • 枫下茶话 / 美国话题 / 随便问问:加拿大承认双重国籍,中国不承认双重国籍,哪美国呢?
    • 美国不承认。随便说说
    • 美国不承认,不过,和中国的不承认有些不一样。中国是,如果你申请国外护照,就意味着你自动放弃中国国籍。美国却是,除非你在领馆官员面前,发誓放弃美国国籍,否则,你可以保留外国护照,甚至旅行用外国护照,但仍不算放弃美国国籍。
    • US accept dual citizenship, but only when you are born to be. if you become US citizen by naturalization, you have to give up your previous citizenship by immigration law.
      • 能给出美国官方说法的链接吗? 谢谢!
        • ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP AND DUAL NATIONALITY
          本文发表在 rolia.net 枫下论坛ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP
          AND DUAL NATIONALITY
          The Department of State is responsible for determining the citizenship status of a person located outside the United States or in connection with the application for a U.S. passport while in the United States.


          POTENTIALLY EXPATRIATING STATUTES
          Section 349 of the Immigration and Nationality Act, as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:


          (1) obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
          (2) taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);

          (3) entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);

          (4) accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) a declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);

          (5) formally renouncing U.S. citizenship before a U.S. consular officer outside the United States (sec. 349 (a) (5) INA);

          (6) formally renouncing U.S. citizenship within the U.S. (but only "in time of war") (Sec. 349 (a) (6) INA);

          (7) conviction for an act of treason (Sec. 349 (a) (7) INA).


          ADMINISTRATIVE STANDARD OF EVIDENCE
          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 routine declarations of allegiance to a foreign state, or accept non-policy level employment with a foreign government.


          DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS APPLICABLE
          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.


          PERSONS WHO WISH TO RELINQUISH U.S. CITIZENSHIP
          If the answer to the question regarding intent to relinquish citizenship is yes, the person concerned will be asked to complete a questionnaire to ascertain his or her intent toward U.S. citizenship. When the questionnaire is completed and the voluntary relinquishment statement is signed by the expatriate, the consular officer will proceed to prepare a certificate of loss of nationality. The certificate will be forwarded to the Department of State for consideration and, if appropriate, approval.

          An individual who has performed any of the acts made potentially expatriating by statute who wishes to lose U.S. citizenship may do so by affirming in writing to a U.S. consular officer that the act was performed with an intent to relinquish U.S. citizenship. Of course, a person always has the option of seeking to formally renounce U.S. citizenship in accordance with Section 349 (a) (5) INA.


          DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS INAPPLICABLE
          The premise that a person intends to retain U.S. citizenship is not applicable when the individual:


          (1) formally renounces U.S. citizenship before a consular officer;
          (2) takes a policy level position in a foreign state;

          (3) is convicted of treason; or

          (4) performs an act made potentially expatriating by statute accompanied by conduct which is so inconsistent with retention of U.S. citizenship that it compels a conclusion that the individual intended to relinquish U.S. citizenship. (Such cases are very rare.)


          Cases in categories 2, 3, and 4 will be developed carefully by U.S. consular officers to ascertain the individual's intent toward U.S. citizenship.

          APPLICABILITY OF ADMINISTRATIVE PREMISE TO PAST CASES
          The premise established by the administrative standard of evidence is applicable to cases adjudicated previously. Persons who previously lost U.S. citizenship may wish to have their cases reconsidered in light of this policy.

          A person may initiate such a reconsideration by submitting a request to the nearest U.S. consular office or by writing directly to:

          Director
          Office of American Citizens Services
          (CA/OCS/ACS)
          Room 4817 NS
          Department of State
          2201 C Street N.W.
          Washington, D.C. 20520

          Each case will be reviewed on its own merits taking into consideration, for example, statements made by the person at the time of the potentially expatriating act.


          LOSS OF NATIONALITY AND TAXATION
          P.L. 104-191 contains changes in the taxation of U.S. citizens who renounce or otherwise lose U.S. citizenship. In general, any person who lost U.S. citizenship within 10 years immediately preceding the close of the taxable year, whose principle purpose in losing citizenship was to avoid taxation, will be subject to continued taxation. For the purposes of this statute, persons are presumed to have a principle purpose of avoiding taxation if 1) their average annual net income tax for a five year period before the date of loss of citizenship is greater than $100,000, or 2) their net worth on the date of the loss of U.S. nationality is $500,000 or more (subject to cost of living adjustments). The effective date of the law is retroactive to February 6, 1995. Copies of approved Certificates of Loss of Nationality are provided by the Department of State to the Internal Revenue Service pursuant to P.L. 104-191. Questions regarding United States taxation consequences upon loss of U.S. nationality, should be addressed to the U.S. Internal Revenue Service.


          DUAL NATIONALITY
          Dual nationality can occur as the result of a variety of circumstances. The automatic acquisition or retention of a foreign nationality, acquired, for example, by birth in a foreign country or through an alien parent, does not affect U.S. citizenship. It is prudent, however, to check with authorities of the other country to see if dual nationality is permissible under local law. Dual nationality can also occur when a person is naturalized in a foreign state without intending to relinquish U.S. nationality and is thereafter found not to have lost U.S. citizenship the individual consequently may possess dual nationality. While recognizing the existence of dual nationality and permitting Americans to have other nationalities, the U.S. Government does not endorse dual nationality as a matter of policy because of the problems which it may cause. Claims of other countries upon dual-national U.S. citizens often place them in situations where their obligation to one country are in conflict with the laws of the other. In addition, their dual nationality may hamper efforts to provide U.S. diplomatic and consular protection to them when they are abroad.


          ADDITIONAL INFORMATION
          See also information flyers on related subject available via the Department of State, Bureau of Consular Affairs home page on the internet at http://travel.state.gov or via our automated fax service at 202-647-3000. These flyers include:


          Dual Nationality

          Advice About Possible Loss of U.S. Citizenship and Seeking Public Office in a Foreign State

          Advice About Possible Loss of U.S. Citizenship and Foreign Military Service

          Renunciation of United States Citizenship

          Renunciation of U.S. Citizenship by Persons Claiming a Right of Residence in the United States

          QUESTIONS
          For further information, please contact the appropriate geographic division of the Office of American Citizens Services:

          Africa Division at (202) 647-6060;

          East Asia and Pacific Division at (202) 647-6769;

          Europe Division at (202) 647-6178;

          Latin America and the Caribbean Division at (202) 647-5118;

          Near East and South Asia Division at (202) 647-7899.

          Counsel representing persons in matters related to loss of U.S. nationality may also address inquiries to Director, Office of Policy Review and Inter-Agency Liaison, Overseas Citizens Services, Room 4817 N.S., Department of State, 2201 C Street N.W., Washington, D.C. 20520, 202-647-3666.

          6/98

          American Citizens Services更多精彩文章及讨论,请光临枫下论坛 rolia.net
        • Dual Nationality
          本文发表在 rolia.net 枫下论坛Dual Nationality

          The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

          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. Intent can be shown by the person's statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance. However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.Most countries permit a person to renounce or otherwise lose citizenship. Information on losing foreign citizenship can be obtained from the foreign country's embassy and consulates in the United States. Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.更多精彩文章及讨论,请光临枫下论坛 rolia.net
      • I cannot agree with you. I think as a Canadian, if you happen to get a US citizenship later. You could have dual citizenship.
        • I think you are right.
    • US does not recognize dual citizenship. But it is different than China one. Basically once you are US citizon, you can not claim rights of being a citizen of others.
    • 我怎么听说很多加拿大人都是DUAL CITIZENSHIP。比如那个有名的打冰球的,还有PETER JENNINGS。
      • Peter Jennings has become a US citizen already.
    • 请参看本贴给出的美国官方说法的链接。
    • 美国不承认双重国籍。如果你同时拥有美国和外国国籍,征兵时美国不承认你的外国国籍。如果战争时你同时有美国和敌国国籍有为敌国服务,美国可以按叛国罪或间谍罪把你送上电椅。
      • 在美国,持有绿卡即有服兵役的义务。即使没有外国国籍而只拥有美国国籍,如果在战争时你为敌国服务,美国政府照样可以按叛国罪或间谍罪把你送上电椅。
    • 美國政府目前的政策是,默許雙重國籍情形的存在。美國法律沒有涉及雙重國籍、或要求一個人選擇一個或另一個國籍。同樣,一個人自然獲取另一個國籍,他沒有失去美國國籍的風險。
      本文发表在 rolia.net 枫下论坛入籍之後-雙重國籍的考量
      許俊良律師主答


      當一個人同時擁有兩個或兩個以上的國籍時﹐就產生所謂雙重國籍的問題。每一個國家都有按照自己政策制定的公民法。出現雙重國籍,有時是因為不同國家的法律同時運作而產生的結果。

      比方說,一個在別的國家出生的小孩,但同時他的父母親是美國公民,則這個小孩可能是美國公民,同時也是別的國家的公民。不過在許多的情形,雙重國籍的產生由於自己申請的結果。最常見的就是,在申請歸化成為美國公民以後,仍然保有自己本國原來公民的身份。

      美國政府目前的政策是,默許雙重國籍情形的存在。美國法律沒有涉及雙重國籍、或要求一個人選擇一個或另一個國籍。同樣,一個人自然獲取另一個國籍,他沒有失去美國國籍的風險。

      但是,因為雙重國籍所可能產生的一些問題,美國政府對其採取不鼓勵的態度。雙重國籍所可能產生的問題,包括有國家效忠的問題、別國法律和美國法律發生衝突的問題。而有時雙重國籍也可能限制了美國對其在海外國民的保護能力。一般說來,雙重國籍表示當事人對兩個國家都有效忠的義務,而當事人也必須同時遵守兩個國家的法令。

      如果一個人主動申請並獲取外國籍,則可能因此失掉美國國籍。像是法律規定一個人必須出于自由意願,主動申請外國籍,其目的在于放棄美國籍,這樣就有可能會失去美國國籍。一個人的聲明和行為可以表明他的意向。

      政府承認雙重國籍的存在,但不作為一個政策進行鼓勵。因為可能因此產生一些問題。其它國家對美國雙重國籍人士的要求,可能抵觸美國法律,而且雙重國籍可能會限制美國政府對在國外的公民的保護。一個雙重國籍人士所在國通常對這個人對國家的忠誠度有更高要求。

      雙重國籍人士有時也可能會有一些困擾。比方說,美國法令要求美國公民在出入美國國境時,必須要攜帶美國護照。當美國公民在搭飛機離美前往另一個國家時,機場服務人員會要求查看他的美國護照,並檢查護照上有沒有另一個國家的入境簽証。但如果他同時也是那個國家的公民,他的美國護照上不會有該國的入境簽証。

      另一方面,如果他使用另一個國家的護照離開美國國境,機場人員會要他的I-94卡或要查看他的綠卡。到那個時候,他還是得拿出他的美國護照來表明他的公民身份。

      雙重國籍處理不慎時,有時也會招致麻煩。在80年代,曾有發生這樣的案例:一個在美國和加拿大有雙重國籍的公民要申請加拿大護照。他在填寫加拿大的申請表格時,有一個問題是問申請人是不是其他國家的公民,而他回答不是。他的這個答案,加上一些其他事情,導致他失去他的美國公民身份。

      所以,在遇到其他國家的表格查問是否有雙重國籍時,很重要的一點是,當事人一定要提到他的美國國籍。雙重國籍另外有時亦會遇見有關兵役和稅法上的問題,必須謹慎處理。

      放棄外國國籍的有關信息,可以從該國大使館或美國領事館獲得。美國人放棄美國公民權的正確方法是,通過國外的美國大使館或領事館進行。

      本文目的是提供資訊,而非法律建議。在未與專業律師諮詢以前,請勿當作個案的行事依據。更多精彩文章及讨论,请光临枫下论坛 rolia.net