Sunday, August 7, 2011

Obtaining Naturalization and the risks

I hope to get this post completely finished and published this morning. Mainly because there is a commenter who likes to stir up fear and distress in people who already have enough to deal with.  And my whole intention of this blog is to help alleviate some of that stress in others lives.  This person likes to appear that they know what they are talking about and loves to leave hatefulness with each comment. I'm only explaining this because I have many new readers since the last time this person took the time out of their apparently pointless life to read and comment on my blog. A lot of times I block the comments to the benefit of my readers but this one had some stuff that I actually wanted to speak to. This comment indicated certain articles proved that I am "stupid" to choose duel nationality. In reality it has a whole section that I am going to copy and paste below to insure you that you will not loose your nationality if you choose duel citizenship. Please feel free to read the whole article. The person who sent this article my way apparently read the first few paragraphs and assumed it would cause fear in an uneducated person. But what actually happened is that I had already read this section of law and I know my rights as an American and what they will be as a dual citizen. The important thing to remember any time you are investigating a law is to read the law and or articles about the law to the end and be sure you understand all of what it is saying. Im not going to post the whole thing here but only the part that helps everyone to realize that you can have dual citizenship and that I will never renounce my American citizenship. Again I want to remind that I am obtaining mine through being married to and having children who are nationals.
If you want to read the whole law or article just copy and paste the title and google it.

obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);

In September, 1990, the Department of State ("DOS") issued a policy statement which dealth with loss of nationality. The policy statement indicated that DOS would presume a person intended to retain U.S. citizenship where:

  1. the person was naturalized in a foreign country
  2. took a routine oath of allegiance, or
  3. accepted non-policy level employment with a foreign government.
Such a person 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. It is important to note that the two expatriating acts which arise in the context dual nationality are given the benefit of this presumption.
According to the policy statement, the presumption 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.
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.
In order to ensure retention of U.S. citizenship, U.S. citizens may wish to assert their citizenship status by actions confirming a continuing intent to retain U.S. citizenship. These could involve a contemporaneous written statement confirming the citizen's desire to retain U.S. citizenship, submitted to a U.S. consulate or the DOS. The U.S. citizen should also continue paying U.S. income taxes, obtaining U.S. passports, and maintaining retaining property and other ties to the United States after the expatriating act takes place to evidence an intention not to relinquish citizenship. However, as stated in the DOS policy statement, such action is not necessary where the presumption applies.

Let me tell you I dont plan to be any of the numbered cases above. 

As to the other section that was posted
I only have to show you the first paragraph and Im not putting the italics in it they were already there.

Section 349 of the Immigration and Nationality Act (8 U.S.C. 148), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship.

If you googled the first article this law is shown as the second listing.

I will not ever renounce my citizenship nor will I take any oaths with tthe intention to relinquish my U.S. citizenship.

I hope this helped some of you who had questions. I know this not only spoke to the anon comment that was not signed but also to the otheres.

Jennifer I will post later today about how we got paper from D.F.


  1. For the person that is ignorant and leaves you negative comment, "dual citizenship" means exactly that. Dual means TWO. So, you have TWO sets of citizenship.

    Sorry that you have to deal with people that have nothing better to do than put negative comments on someone's personal blog.

    Hope all is going well!

  2. What's this duel citizenship you keep writing about?

  3. Whew--what a relief! Thanks for posting this! Here's hoping that all goes well for you with your paperwork and appointments!

  4. Amanda, so sorry to read that you have been subjected to this person's abuse. You did an excellent job explaining dual citizenship! Funny thing, my craft group was discussing both American and Mexican dual citizenship today. Your children, of course, automatically have both, lucky them!