8382: Re:dual citizenship (fwd)

[Bob Corbett <corbetre@webster.edu>]

From: JRAuguste1@aol.com

Key words and expressions: Dual citizenship, dual nationality, U.S. citizens, 
Nationality, Naturalization, U.S.C., INA, Immigration and Nationality Act. 

In agreement to the posting from Nina Glick Schiller, let me add that there 
is no constitutional, statutory, or judicial provision prohibiting a U.S. 
citizen from holding at the same time citizenship of another country, or 
requiring a dual national to relinquish either his U.S. or his foreign 
citizenship. 

The current nationality laws of the United States do not specifically refer 
to dual nationality. There is, however, still a reference to dual nationality 
in U.S.C. (United States Code) section 1481 (a)(4)(A).

The automatic acquisition or retention of a foreign nationality does not 
affect U.S. citizenship: however, the acquisition of a foreign nationality 
upon one's own application or the application of a duly authorized agent may 
cause loss of U.S. citizenship under Section 349(a)(1) of the Immigration and 
Nationality Act [8 U.S.C. section 1481(a)(1)].

In order for loss of nationality to occur under Section 349(a)(1), it must be 
established that the naturalization was obtained voluntarily by a person 
eighteen years of age or older with the intention of relinquishing U.S. 
citizenship. Such an intention may be shown by the person's statements or 
conduct. Vance v. Terrazas, 444 U.S. 252 (1980), but in most cases it is 
assumed that Americans who are naturalized in other countries intend to keep 
their U.S. citizenship. As a result, they have both nationalities. 

United States law does not contain any provisions requiring U.S. citizens who 
are born with dual nationality to choose one nationality or the other when 
they become adults. Mandoli v. Acheson, 344 U.S. 133 (1952). 

While recognizing the existence of dual nationality and permitting Americans 
to have other nationalities, the U.S. government does not endorse dual 
nationality as a matter of policy. 

Now here is where the rubber could conceivably meet the road for the former 
Haitians (now naturalized American citizens) who are alleged to be members of 
Haiti government: the Potentially Expatriating Statutes. 

Section 349 of the Immigration and Nationality Act, as amended [8 U.S.C. 
section 1481], 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 [8 U.S.C. 
section 1481(a)(1)]);

(2) taking an oath, affirmation, or other formal declaration to a foreign 
state or its political subdivisions (Sec. 349(a)(2) INA [8 U.S.C. section 
1481(a)(1)]);

(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 [8 U.S.C. 
section 1481(a)(3)]); 

(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 [8 U.S.C. section 1481 
(a)(4)]);

(5) formally renouncing U.S. citizenship before a U.S. consular officer 
outside the United States (Sec. 349(a)(5) INA [8 U.S.C. section 1481 
(a)(5)]); 

(6) formally renouncing U.S. citizenship within the U.S. (but only "in time 
of war") (Sec. 349(a)(6) INA [8 U.S.C. section 1481(a)(6)]);

(7) conviction for an act of treason (Sec. 349(a)(7) INA [8 U.S.C. section 
1481 (a)(7). 


In re: Haiti

To the self proclaimed "natif-natal" and to those like one poster (Amedard) 
in corbetland who think that a dual citizen is like a polygamist and 
philanderer or something of the same genre I would recommend a reading of 
France's (the leading country in dual nationality) Code de la Nationalite 
Francaise which is a great example of how a nation can effectively handle 
situations in which multi-nationality arises without penalizing citizens who 
reside abroad. Haiti could draw on the principles of France's solutions to 
strengthen its ties with its citizens residing abroad and to gain and profit 
from their valuable experience and dollars. 

Furthermore the example of France who grants citizenship by way of birth in 
the country (jus soli) and citizenship by way of birth through a parent (jus 
sanguinis) can only help Haiti bridge the gap between its Haitians born and 
living in Haiti and people born of Haitian parents living abroad. 

It is a fact that Haiti is losing by the bushels the foreign born children of 
Haitians living abroad. What a waste of talent and resource!

As an aside, does it not hurt for instance to see successful Canadian and 
American athletes born of Haitian parents living in those respective 
countries compete in the Olympics. They could easily be in red and blue and 
just as successful instead of fleur d'erable and eagle. 

When my own two daughters born in the U.S. moved to South Florida from New 
York they were shocked to be treated as "Haitians, boat people." Some of 
their school mates spat on them and pulled their hair just for being born of 
Haitian parents. (rest assured that they defended themselves and so did my 
spouse and I "by all means necessary", legal and otherwise) 

Still my girls complained bitterly and to assuage some of their pain I took 
them to Haiti for a visit at La Citadelle to "show them what real Haitians 
were all about and were capable of." 

The older one, now 20 "going on 40" is absorbed in some Haitian club at 
Florida State University (FSU) in Tallahassee. She tells me that most of the 
members are born in the U.S. of Haitian parents. 

The youngest one is 15, an excellent soccer player and sought after by local 
coaches. Sometimes I dream outloud and tell her "one day you could help Haiti 
qualify for the world cup." She just laughs but you can see a spark in her 
eyes while she does so. 

Now here are children born in the U.S., citizens of the U.S. who are in their 
own way reaching to Haiti and Haiti is pulling from them by calling their 
parents and to an extent calling them derisively "Diaspora!", not to mention 
potential bigamists, polygamists and philanderers!!!

I can see why Haiti is in the caca big time. We do not take care of our own. 
Point bar. On too many important issues there is a lack of rational thinking; 
it is all big mouth, "demostration", "gran pan pan" et du "voye monte."  

e pi, e pi, anyen. 

Jean-Robert B. Auguste

Material sources:

(1) United States Code

(2) Immigration and Nationality Act

(3) "Dual Nationality, The Myth of Election, And A Kinder, Gentler State 
Department" by H. Ansgar Kelly

(4) "Dual Nationality In France And The United States" by Simone Tan


------------------------------------------------------------------------- 
 <<A note about US dual citizenship from my research. The US does allow dual
 citizenship, despite what the regulations say and the naturalization
 procedures say. Almost all of the specific prohibitions have been
 challenged in court and declared illegal. The US Passport itself now
 refers in passing to dual citizenship. However, US authorities don't
 broadcast these facts and some officials don't even know them.
>> 
 Nina Glick Schiller