Thread: DUAL CITIZENSHIP

Dual Citizenship Center

Millions have their hearts in one nation, but their lives in another.

Millions feel at home in two countries. Two continents. Two cultures.

Loyalty to a country can be clear-cut. But globalization, immigration and even conflict are shaping bicultural societies where loyalty is cut in two. And many governments no longer demand full loyalty from their citizens.

Dual citizenship is increasingly accepted around the globe and continues to grow through new laws in several countries. Governments are aware that people have emotional and intellectual connections to their birth country. And they are building these same connections in a new country.

Many Mexicans and Americans have rights to citizenship through naturalization that they are not aware of. MATT’s Dual Citizenship Center provides you with current information about gaining citizenship in the United States and Mexico.

This information is not intended as legal advice, nor should it be relied upon as such. For legal advice in a given factual situation, the reader is cautioned to retain the services of a competent immigration law professional.

How Can I Obtain Dual Citizenship?
A person does not apply for dual citizenship and in some cases it is obtained involuntarily. There are three main ways to obtain dual citizenship:

Naturalization: When a person is naturalized in a country other than the one where he or she was born, AND does not give up either citizenship. Some governments allow dual citizenship; some require that their citizens obtain permission to keep their original citizenship before taking on citizenship of another country; and others simply do not permit it.

Birth or Adoption: When a child is born outside its parent’s home country, the child is many times awarded citizenship in the birth country and the parent’s birth country. In the case of international adoption, the child is normally granted citizenship to its adopted parents’ birth country.

Marriage or Special Circumstance: Some countries award citizenship rights and privileges to foreign-born persons through marriage or special circumstances, such as performing academic or investigative functions in the country. Also, some governments award citizenship to natives of specific countries.
The United States allows and recognizes dual citizenship, but does not encourage it. When a foreign-born person is naturalized as a U.S. citizen, the government does not require that person to give up his or her original citizenship. Children born abroad to U.S. citizens are automatically U.S. citizens and in some cases acquire the citizenship of their birth country as well. Depending on the laws of the particular foreign country, U.S. citizens who marry foreign nationals are sometimes granted citizenship in their spouses’ country by virtue of the marriage.

Mexico now allows dual citizenship, which is granted to those Mexicans who become naturalized in another country, to the foreign-born children of Mexican nationals and to citizens who are granted another citizenship through marriage or other special circumstances.

The Risks: Can I Lose My Citizenship?
The United States
The Immigration and Nationality Act states that U.S. citizens can lose citizenship if they perform certain acts voluntarily and with the intention to give up U.S. citizenship, including obtaining naturalization from a foreign country and accepting employment with a foreign government to which the person also holds citizenship.

However, in practice the U.S. recognizes that without the intent to relinquish U.S. citizenship, the person does not lose citizenship simply by performing one of the listed acts. In fact, where citizenship is at stake, U.S. courts will presume, if reasonably possible, that the loss of this constitutional right has not occurred.

Formal renunciation of U.S. citizenship can be achieved by following very specific procedures at U.S. Embassies and Consulates abroad, or upon entry into the United States when inspected by an immigration official.


Mexico
Until March of 1998, Mexican citizens were stripped of their political rights and privileges when becoming naturalized in another country. (This was the case with millions of Mexicans who over the years migrated to the United States.) But a change in legislation allowed Mexicans to have dual or multiple citizenships, and permitted all who had lost Mexican citizenship to regain it.

The reform required amendments to three articles of the Mexican Constitution, and revisions of over 50 secondary laws related to citizenship and nationality. The change was viewed as a sharp shift in what had been for decades the government’s stance towards Mexicans who adopt another citizenship. The reform also extended citizenship privileges to the foreign-born children of Mexican nationals, and even to the foreign-born children of those who have obtained Mexican citizenship through naturalization.

Rest of the World
Not all countries allow dual citizenship. If you are applying for citizenship of a country that is NOT the United States or Mexico, please be aware of any local regulations with regard to dual citizenship or dual nationality.

The Process and Requirements
How can I obtain U.S. citizenship through naturalization?
The U.S. Citizenship and Immigration Services process requests for naturalization. General requirements to become a naturalized U.S. citizen include admission as a lawful permanent resident "green card holder" for five (5) years, actual physical presence in the U.S. for at least 1/2 of that five-year period, attainment of the age 18, demonstration of good moral character, knowledge of the English language, knowledge of U.S. government and civics and taking an oath of allegiance to the U.S. and its constitutional principles.

U.S. Citizenship through naturalization is also possible for certain special classes of lawful permanent residents, which include but are not limited to:

Persons married to a U.S. citizen who have lived with that citizen in marital union for three (3) years prior to the naturalization application (and certain battered spouses and children);

Persons whose U.S. citizen spouse is regularly stationed abroad in employment with certain specified types of employers may apply to naturalize with no prior residence or physical presence as long as the person is in the U.S. at the time of naturalization and takes up U.S. permanent residence when the spouse’s foreign employment terminates;

Military Personnel and Their Families:
The lawful permanent resident parent, spouse or child of a U.S. citizen who died during a period of honorable active U.S. military duty status may apply with no prior U.S. residence or physical presence required;

Persons who have served honorably in the U.S. armed forces for a total of one year, if the application is filed during service or within six months after termination of service (no residency or physical presence required).

Posthumous citizenship can be awarded to military personnel who died while serving. His or her family members are given special consideration for immigration and citizenship benefits.

I was born outside of the U.S. How do I know if I automatically acquired U.S. citizenship?
Certain groups of children of U.S. citizens gain citizenship outside of the naturalization process, including but not limited to:

Children born abroad of U.S. parents (and in some cases, born of only one U.S. citizen parent);

A child adopted by U.S. citizen parents qualifies if the child was adopted before he/she reached age 16 (18 for natural sibling of a child adopted by the same parents before 16) and was an orphan or has resided with and been in the legal custody of the adopting parent for at least two years each;

Children under the age of 18 whose parent had U.S. citizenship at the time of the child’s birth but who had not been physically present for the requisite period in the U.S. to establish the child’s citizenship at birth abroad.
**NOTE: The provisions governing acquisition of citizenship at birth abroad and governing "derivative" citizenship have evolved over time; therefore, previous historical statutes may need to be consulted to determine the citizenship status of persons whose parents were born or naturalized prior to 1978.


Common methods for establishing existing U.S. citizenship include, but are not limited to:

Applying for a U.S. Passport;
Registering abroad at a U.S. Consulate;
Applying for a certificate of citizenship from the USCIS.

How Can I Obtain Mexican Citizenship?

The Mexican Foreign Relations Ministry is in charge of processing requests for naturalization. The Law of Nationality, or Ley de Nacionalidad , enacted in 1998, established new guidelines for obtaining Mexican citizenship and began to authorize dual nationality.

Born of Mexican Citizens:
Must be able to prove relationship with parent through a Birth Certificate, but the children of Mexicans;
If a descendant of a Mexican, must be a legal resident in Mexico for at least 2 years before requesting citizenship.

Legal Residence:

Must have legal residence for at least 5 years.
Temporary absences from the country will not interrupt continuity of residence, except periods of absence that exceed six months and that occurred in the 2 years prior to requesting naturalization.

Native of Latin America or the Iberian Peninsula:

Must have legal residence for at least 2 years before requesting citizenship.
Must provide a certified copy of Birth Certificate.

Providing Important Services in Benefit of Mexico:

Must have legal residence for at least 2 years before requesting citizenship.
Must demonstrate through official documents issued by universities or well-known public and private academic institutions that the applicant has provided an important cultural, social, scientific, technical, artistic, athletic or corporate service in benefit of the country.

Marriage:

Must have legal residence in Mexico at least 2 years before requesting citizenship.
Must provide a certified copy of the marriage certificate or proof of the marriage in a foreign country. If either case, the date of marriage must be at least 2 years before requesting citizenship.
A certified copy of a Birth Certificate or naturalization certificate of the Mexican spouse.
Allegiance under oath that the married couple lives together in Mexican territory.
Valid Photo ID of the Mexican spouse.

Adoption:

Must have legal residence for at least 1 year before requesting citizenship.
The request must be completed by both parents or by the Mexican citizen parent. If one of the parents resides in a foreign country the authorization must be granted through a special power of attorney in a Mexican consulate abroad or foreign Public Notary.
Certified copy of adopted child’s Birth Certificate.
Certified copy of parent’s Birth Certificate, Citizenship Certificate or Naturalization Certificate.
NOTE: Proof of legal adoption issued by a competent authority from the country where the adoption took place.


Benefits of Dual Citizenship
All citizens of the United States and Mexico are afforded certain benefits and rights under each country’s Constitution. Persons with dual citizenship can benefit from both. Here is a list of some of the benefits each country grants to its citizens:
The United States

Vote in general and local elections.
Be elected in popular elections.
The right to be secure against searches and seizures.
The right to a speedy and public trial, by an impartial jury of the state and district where the crime was committed.
The right to obtain a U.S. passport.

Mexico

Vote in general and local elections.
Own property within a strip of land of 50 kilometers along the Mexican coasts and 100 kilometers along its borders.
Own a business.
Be elected in popular elections.
Associate themselves pacifically, individually and freely to take part in the political matters of the country.
They are granted with the petition right, which consist in the right to make any petition, respectfully and written, to the government.


Timelines

The United States

The time it takes to be naturalized varies depending on the jurisdiction where the application is filed. On September 15, 2006 the USCIS announced the elimination of some 342,290 backlogged N-400 naturalization applications. The average processing time is currently less than 6 months, however, the USCIS notes that some cases pend beyond that time frame due to circumstances beyond its control.

Forms
The United States
Application for Naturalization (Form N-400): Used by applicants over 18.

Application for a Certificate of Citizenship (Form N-600): For persons who acquired citizenship from parents while under the age of 18.

Application for a Certificate of Citizenship on Behalf of an Adopted Child (Form N-643)

Application for Advance Processing of Orphan Petition (Form I-600A)

For a complete overview of the application procedure, click here: http://www.uscis.gov/graphics/services/ ... wapply.htm

Click here to download these and all other forms related to immigration and naturalization. Or call the Forms Line at 1(800) 870-3676 to request Form N-400, N-600 or N-643.


Mexico
Certificate of Citizenship by Birth (DNN-1)

Certificate of Naturalization by Legal Residence (DNN-3)

Certificate of Naturalization for Natives of Latin America and the Iberian Peninsula (DNN-3)

Certificate of Naturalization for Adopted Children (DNN-3)

All forms can be downloaded at: http://www.sre.gob.mx/tramites/nacionalidad/default.htm

Traveling with Dual Citizenship
Traveling is often cited as one of the main benefits of having dual citizenship, since citizens are always given preferential treatment when entering their country.

According to the Mexican Nationality Law (art.12) Mexicans by birth who depart or enter to Mexican territory must do it without exception as Mexican even if he/she has another nationality.

It is important to understand that whenever you are in a country that recognizes you as a citizen, its laws take priority over the laws of any other country of which you are a citizen. Accordingly you might be subject to the rights and obligations of that country when you are there, for example, restrictions on exit, compulsory military service, and special taxes. International treaties may, however, allow exceptions to this rule.

http://www.matt.org/english/editorial/i ... enter.html

We should encourage more value on the process and idea of citizenship within America - What about the idea of dual citizenship?

If these people ever get amnesty, their loyalty and how they vote may be influenced by the government of the country they came from and are still loyal to. I don't want people voting in U.S. elections who are citizens of another country.

GeorgiaPeach,

I have always fought the idea of dual citizenship
and I was perceived by many people as irrational
and a radical nut.

I have been struggling to renounce my former
citizenship from the government of my native country since
I became a US citizen a year ago.

The Oath of Allegiance meant a lot to me. And I believe
if one wants to become an American, do so to be an American
and not to have a passport of convenience.

The consulate handling my case lost my file and no one knows
what's going on. I will fight to the end regardless how long it
might take.

The government of my old country will not give a visa on my
US passport to visit my parents. To do so I will have to apply
for a new foreign passport.

Some of us DONT WANT be a dual citizen, and the road to
get a goverment to accept your renunciation is long and rough and
few will go all way.

you can only be faithful to one.

Originally Posted by Molly

If these people ever get amnesty, their loyalty and how they vote may be influenced by the government of the country they came from and are still loyal to. I don't want people voting in U.S. elections who are citizens of another country.

Its not just the illegals. ALL people of Mexican back-ground in this nation are allowed, nay encouraged to obtain dual-citizenship, and have loyalty to Mexico first. This is the program that has been in place since the '90s promoted by the Mexican government and none other than Juan Hernandez. Who himself was born in the US, and has dual citizenship, and has worked for the Mexican government promoting this very aim for all Mexican-Americans.

They are coming to conqour us.

Until recently, I thought you had to forsake allegiance to your former country and become American in the truest sense of the word. In other words, renounce/give up former citizenship.

Psalm 91

I saw a video where a man asked a woman if she would want her husband to have two wives or be loyal to her as the only one.

If I were a Mexican citizen, I would think twice about giving up my Mexican citizenship.
After our government have destroyed this country they will want to go back to Mexico.

A newspaper in TExas reported, some years ago, the President of Mexico stood on the steps of the TExas capitol and spoke to 'his people in the US'. He told them to vote in the next election and when they voted
"vote with Mexico in mind'.

I don't know which President this was nor do I remember who was governor at the time. I just remember being sickened.

Originally Posted by nntrixie

A newspaper in TExas reported, some years ago, the President of Mexico stood on the steps of the TExas capitol and spoke to 'his people in the US'. He told them to vote in the next election and when they voted
"vote with Mexico in mind'.

I don't know which President this was nor do I remember who was governor at the time. I just remember being sickened.

Sounds like Zedillo. He was the one who got this rolling in the '90s. The Mexican government considers the illegals and Mexican Americans to be part of the Mexican nation. The entire strategy is to build this population and strengthen their political power in the interest of Mexico. 1 in 6 of them are already here. Its an invasion. The Mexican government has been clear about this strategy. And yet again, Bush does nothing.

I thought that when one became a citizen of the U.S. that they had to denounce their allegence to their former country upon their swearing in as a new citizen!?

Some have suggested that illegals could earn their citizenship by serving in the military...maybe they are already doing that, I don't know. But WHY would we allow a NON citizen, who's allegence is still with the "home country" have access to military weapons, information and military bases!!???