[Rhodes22-list] Legal: Ben Please Help

[Ben Cittadino]

Brad;

But if you start out as a US citizen are you saying it works the same way?
Can you then not also be a citizen of another country.  What about the state
department link earlier in this thread?

Ben C.

Brad Haslett-2 wrote:
> 
> Hank,
> 
> You are correct.  The US does not recognize dual citizenship.  When
> you naturalize as a US citizen you are required to formally denounce
> allegiance to all other foreign powers.  Some other countries do
> recognize dual citizenship but if you get caught holding a passport
> from a foreign country while holding a US passport, "you got some
> 'esplainin' to do".  We looked into the issue while waiting for my
> wife's citizenship to come through (thought it might be good for
> business down the road) and were told by an immigration attorney, "not
> no, but Hell NO'".
> 
> The case with Obama is this, did his step-father adopt him?  No one
> knows the answer nor has the legal implications been fully tested..
> 
> Brad
> 
> On Tue, Oct 21, 2008 at 5:55 PM, Hank <hnw555 at gmail.com> wrote:
>> Ben,
>>
>> I'm not so sure that you are correct.  My wife is originally from Mexico.
>> When she received her naturalized US citizenship in 1997, she was
>> required
>> by INS to formally renounce hew Mexican Citizenship.  We were told that
>> the
>> US does not recognize dual citizenship but that other countries do.  As
>> far
>> as the US was concerned, she was solely an American Citizen.
>>
>> I found this at http://www.richw.org/dualcit/law.html.
>>
>> " A description of the US naturalization oath is given in Section 337(a)
>> of
>> the INA [8 USC § 1448
>> <http://www.law.cornell.edu/uscode/8/1448.html>(a)].
>> Of particular relevance to the dual citizenship issue is that, as part of
>> the oath, a new citizen must pledge "to renounce and abjure absolutely
>> and
>> entirely all allegiance and fidelity to any foreign prince, potentate,
>> state, or sovereignty of whom or which the applicant was before a subject
>> or
>> citizen."
>>
>> However, this state dept webpage seems to refute our experience.
>> http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html
>>
>> Maybe it was a policy of INS back then that is no longer enforced.  Maybe
>> two different departments in the same government are contradicting
>> themselves?  Nah, that isn't possible.
>>
>> Hank
>>
>> On Tue, Oct 21, 2008 at 6:10 PM, Ben Cittadino
>> <bcittadino at dcs-law.com>wrote:
>>
>>>
>>> Bill;
>>>
>>> If this question was addressed to me ( and it may not have been ) the
>>> answer
>>> is that if your mother never "formally renounced" her US citizenship
>>> then
>>> she was a native born American citizen the entire time although she may
>>> have
>>> held duel citizenship for part of the time. She can be President.
>>>
>>> Americans can be duel citizens but often other countries require that
>>> you
>>> make a choice.  For example I believe Japanese citizens who become
>>> American
>>> citizens are deemed to have renounced their Japanese citizenship.
>>>
>>> Also, remember this advice is worth exactly what you paid for it.
>>>
>>>
>>> Best,
>>>
>>> Ben Cittadino
>>>
>>> Bill Effros wrote:
>>> >
>>> > Ben,
>>> >
>>> > My mother was born in NYC in 1917 to Dutch parents with a business in
>>> > the United States.  After WWI she went to Holland with her parents,
>>> and
>>> > enjoyed the benefits of Dutch citizenship.
>>> >
>>> > In 1938, before her 21st birthday, her parents arranged for her to
>>> > return to the United States to claim her American Citizenship, which
>>> she
>>> > would otherwise have  lost, owing to her exercise of Dutch
>>> Citizenship.
>>> > She traveled to the United States on a US Passport, and remained here
>>> as
>>> > a United States citizen.
>>> >
>>> > It was my understanding that she was not eligible to run for President
>>> > of the United States because she was a Dutch citizen as a child and
>>> had
>>> > to reclaim her American citizenship, and thus became a "naturalized"
>>> > rather than "native born" citizen.
>>> >
>>> > Do I have this wrong?  Is there still a chance for my mother to become
>>> > President?
>>> >
>>> > Bill Effros
>>> >
>>> >
>>> >
>>> >
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>>> >
>>>
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