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Old July 14th, 2012, 11:12 AM
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MercedMike MercedMike is offline
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Question Dual citizenship in the US

Quote:
Originally Posted by balabusta View Post
My husband, Rob's cousin married a man from Tasmania; both of their boys have dual citizenship; the United States and Australia. At eighteen, each boy must declare their citizenship. In the United States an adult can only have one declared citizenship; this is not so in other countries.
This seems to be a very complicated subject. Well, here is what the Department of State website has to say:

"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."

That would make it appear that the children you refer to have no obligation under US law to make a choice.

The Website for the Australian Department of Citizenship says:

"Dual citizenship

It is possible to hold citizenship of two or more countries if the law of those countries allow. This is known as dual, or multiple, citizenship.

People can become dual citizens automatically, or after being granted citizenship of another country.

For example, an Australian citizen may automatically gain citizenship of another country through marriage, while a permanent resident of Australia may become a dual citizen by becoming an Australian citizen.

(Prior to 4 April 2002, Australian citizens who became citizens of another country lost their Australian citizenship automatically.)

Australia allows its citizens to hold dual nationality. Other countries may not.."

It does not appear from this that the children mentioned above will have to make a choice. I hope they will thoroughly research the question before they do so.
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