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-   -   Dual citizenship babies? (http://www.cruisemates.com/forum/chit-chat-cruisers/390449-dual-citizenship-babies.html)

iconic July 10th, 2012 05:11 AM

Dual citizenship babies?
 
Babies born in USA who are the offspring of citizens of foreign nations automatically become citizens of the USA if their parents swear allegiance to the USA and disavow allegiance to foreign nations. This is my understanding of the law. Do the babies retain citizenship to their parent's country. In other words do they have dual-citizenship?

bonnyprincecharlie July 11th, 2012 10:00 AM

Dual Canadian and US citizenship possible
 
.

It appears that a Canadian baby born in the USA has dual citizenship. See the following
online abstract

"Canadians transferred to U.S. hospitals

Since the majority of Canadians live in the relatively narrow strip of land close to the long border with the United States, Canadians in need of urgent care are occasionally transferred to nearby American medical facilities. In some circumstances, Canadian mothers facing a high-risk delivery have given birth in American hospitals. Such children are American citizens by birthright.[39] Since, in this regard, Canadian law is similar to that of the U.S., children born in Canada of American parents are also Canadian citizens by birthright.[40] In both situations that birthright citizenship is passed on to their children. In some cases birth in an American hospital (sometimes called "border babies") has resulted in people living much of their lives in Canada and unknowingly never holding Canadian citizenship, a group sometimes called Lost Canadians.[41]"



More dual citizenship information abstracted from online source

"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."

MercedMike July 11th, 2012 02:25 PM

Birthright
 
It is important to note, contrary to what the OP says, that a baby born in the US is automatically a birthright citizen, regardless of the circumstances or the intent or any actions of the parents.

The Fourteenth Amendment says,

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

Very simple.

Here in the Southwest, it becomes a tricky problem. We have many illegals here, a good proportion of them young women. An illegal immigrant who gives birth in the US confers full citizenship on the child. Can we be so cruel as to deport the mother of a US citizen and send the child with her?

katlady July 13th, 2012 12:57 AM

My dad was born in Portugal. I would love to get dual citizenship with Portugal I don't have it now. I might want to buy property in Portugal dual citizenship would help. I'm a US Citizen for sure. My mom was born in Hawaii. It wasn't a state would she was born. But she was a US citizen. My dad is naturalized. So they can't toss me out now the USA is stuck with me.:mrgreen:

balabusta July 13th, 2012 07:57 PM

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.

MercedMike July 14th, 2012 11:12 AM

Dual citizenship in the US
 
Quote:

Originally Posted by balabusta (Post 1438256)
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.

balabusta July 14th, 2012 12:45 PM

Thanks, Mike for the information on dual citizenship.

Aerogirl June 15th, 2013 11:36 AM

How does that work for children who were adopted from another country that are readopted here and become US citizen , do they have dual citizenship from the country of birth?

Luanne Russo June 15th, 2013 07:46 PM

My oldest son has dual citizenship in the US and Germany. He was born in Germany, since we were stationed there. He has two birth certificates.

As someone said, at age 18 he could have decided to be a citizen of Germany.


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