Need some serious help! If this is not the right forum plz excuse me. I tried to look for this answer, but I was not able to find it. I am a Canadian Citizen who recently got married to a Green Card holder. I would like to sponsor her to come live with me in Canada. 1) Will she have to give up her green card? 2) Can she be a citizen of both the USA and Canada and if yes does it matter as to which citizenship she gets first?
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usa-canada
- Thread starter auto20250
- Start date
There is something else that she needs to take into account. If she is outside of the United States for 6 months or longer, she will break the continuous residency requirement that counts her time spent in the United States towards citizenship. In other words, any time previously accumulated towards citizenship (4 years and 9 months required if not married to a US citizen) will be lost. If she is gone more than one year without obtaining a re-entry permit, she will lose her legal resident status. If she applies for, and obtains, a re-entry permit, she will be able to remain up to two years outside of the US and one of the two years will count towards citizenship.
As far as being a dual citizen of the US and Canada, there won't be any problem with that.
Einmalig
auto20250 said:How does it work for us citizenship. Will she be able to hold us and can both citizenship if she gets her us first.
Einmalig said:
As far as being a dual citizen of the US and Canada, there won't be any problem with that.
Things may not be so simple. I'm not familiar with the Canadian citizenship process, but I do know that if you possess US citizenship through naturalization rather than birth, you cannot subsequently swear an oath of allegiance to another country without losing your USC. Get professional advice and BE CAREFUL.
You are right. I didn't take that detail into account. By obtaining US citizenship through naturalization, we are sworn to absolute allegiance to the this country and must renounce allegiance to any other nation.
I know some naturalized Canadians -and naturalized citizens of Spain, Italy and Belgium as well- who have obtained US citizenship and have not lost their Canadian -or European- citizenship, but I'm not sure how it would work all the way around...
In practice, US citizenship is not lost so easily -denaturalization processes are very rare-, but again, legal advise should be sought on this particular issue. I would like to follow up on the subject.
Einmalig
I know some naturalized Canadians -and naturalized citizens of Spain, Italy and Belgium as well- who have obtained US citizenship and have not lost their Canadian -or European- citizenship, but I'm not sure how it would work all the way around...
In practice, US citizenship is not lost so easily -denaturalization processes are very rare-, but again, legal advise should be sought on this particular issue. I would like to follow up on the subject.
Einmalig
boatbod said:Things may not be so simple. I'm not familiar with the Canadian citizenship process, but I do know that if you possess US citizenship through naturalization rather than birth, you cannot subsequently swear an oath of allegiance to another country without losing your USC. Get professional advice and BE CAREFUL.
From the U.S. Department of State web site here
Section 349 of the Immigration and Nationality Act, as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:
(1) obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
(2) taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);
(3) entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
(4) accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) a declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
(5) formally renouncing U.S. citizenship before a U.S. consular officer outside the United States (sec. 349 (a) (5) INA);
(6) formally renouncing U.S. citizenship within the U.S. (but only "in time of war") (Sec. 349 (a) (6) INA);
(7) conviction for an act of treason (Sec. 349 (a) (7) INA).
As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to routine declarations of allegiance to a foreign state, or accept non-policy level employment with a foreign government.
DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS APPLICABLE
In light of the administrative premise discussed above, a person who:
(1) is naturalized in a foreign country;
(2) takes a routine oath of allegiance or
(3) accepts non-policy level employment with a foreign government
and in so doing wishes to retain U.S. citizenship 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.
The key words here are "with the intention to relinquish U.S. citizenship". So it is ok for a U.S. citizen to obtain citizenship from another country as long as he has no intention to relinquish his U.S. citizenship.
Section 349 of the Immigration and Nationality Act, as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:
(1) obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
(2) taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);
(3) entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
(4) accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) a declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
(5) formally renouncing U.S. citizenship before a U.S. consular officer outside the United States (sec. 349 (a) (5) INA);
(6) formally renouncing U.S. citizenship within the U.S. (but only "in time of war") (Sec. 349 (a) (6) INA);
(7) conviction for an act of treason (Sec. 349 (a) (7) INA).
As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to routine declarations of allegiance to a foreign state, or accept non-policy level employment with a foreign government.
DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS APPLICABLE
In light of the administrative premise discussed above, a person who:
(1) is naturalized in a foreign country;
(2) takes a routine oath of allegiance or
(3) accepts non-policy level employment with a foreign government
and in so doing wishes to retain U.S. citizenship 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.
The key words here are "with the intention to relinquish U.S. citizenship". So it is ok for a U.S. citizen to obtain citizenship from another country as long as he has no intention to relinquish his U.S. citizenship.
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