Quadruple citizenship

K

Kris349

New Member
Hi all,

I am new to this forum, since my case is so complicated I am unable to find the answers on the net.

Allow me to explain our situation before I ask my question.

I am a Belgian (EU) citizen and I married a Brazilian/Italian wife (she has dual citizenship). We married under Italian law. Due to my job, we lived in the US for 3 years under a NATO visa (O-2). During that time, our 2 children were born and thus aquired US citizenship. We declared them through the Belgian and Brazilian embassies, so they hold a Belgian and Brazilian passport also. (We didn’t declare them to Italy, it is allready complicated enough)

I was recently given an offer to work in the Canadian air force. This will offer me and my family Canadian citizenship. (Number 2 for me, number 3 for my wife and number 4 for my boys)

My question now. If I accept this offer, will my boys lose their US citizenship? What will happen when they turn 18?

I know, we are an International family...

Thanks
 
US citizenship cannot be lost under any circumstances, unless the person intends to relinquish US citizenship.
 
Well, it is written in their passports that they lose citizenship when naturalizing to an other country. Since that is considered relinquishing your US citizenship.

I found online an article that this would only be valid if they did that after the age of 18. But I could not verify that.
 
Kris349 said:
Well, it is written in their passports that they lose citizenship when naturalizing to an other country. Since that is considered relinquishing your US citizenship.

I found online an article that this would only be valid if they did that after the age of 18. But I could not verify that.
Click to expand...
You missed the part where it also requires intention to relinquish US citizenship.

The Supreme Court ruled in Afroyim v. Rusk (1967) and subsequent decisions that it is unconstitutional for a US citizen who was born or naturalized in the US to lose US citizenship unless they intended to relinquish US citizenship. There are several "potentially expatriating acts" listed in the current law for loss of citizenship (INA 349, also known as 8 USC 1481), but a "potentially expatriating act" is not enough by itself to cause loss of US citizenship -- the law specifically requires a "potentially expatriating act" be performed "with the intention of relinquishing United States nationality" to lose US citizenship (and this applies to all US citizens, not just those born or naturalized in the US).

18 is not necessarily required to lose citizenship. Although INA 349(a)(1) (foreign naturalization), (a)(2) (taking oath), and (a)(4) (serving in foreign government) require the person to be 18 for it to be considered a "potentially expatriating act", the other sections, including INA 349(a)(5) (renunciation before a consular official) and (a)(3) (serving in foreign military), do not require the person to be 18 to be a "potentially expatriating act". Nevertheless, intention to relinquish is required in all cases and age is a factor in determining whether there was voluntary intention. Current policy (see 7 FAM 1292(i)(2)) presumes that a child under 16 doesn't have sufficient maturity and understanding to voluntarily renounce citizenship. (Also, there is a section of law, INA 351(b), that allows someone who renounced citizenship before 18 to regain it within 6 months of turning 18.)
 
newacct said:
US citizenship cannot be lost under any circumstances, unless the person intends to relinquish US citizenship.
Click to expand...

One exception- very rare but it has happened - when someone has gained a green card/naturalized under false pretenses, it can be stripped. Clearly not relevant here though.
 
Thanks, that is clear.
Do they need to take any action when they turn 18?

Thanks for the responses.

Kris
 
SusieQQQ said:
One exception- very rare but it has happened - when someone has gained a green card/naturalized under false pretenses, it can be stripped. Clearly not relevant here though.
Click to expand...
Right. Though, technically, someone who obtained naturalization unlawfully is considered to not have naturalized at all, and therefore was never a citizen in the first place, so it doesn't technically count as loss of citizenship (though it may look like loss of citizenship).
 
You must log in or register to reply here.
Top