Passport To Expire...

boogieman

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Mar 30, 2006
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help much appreciated on this one my friends...

my U.S passport will expire in 18 months.
i plan on residing in the DR and getting citizenship asap.

i noticed that the only time ill have to present copies of my passport is when applying for PROVISIONAL RESIDENCE.

is it true that i wont be asked again for copies of my passport after that one time?
 

SKY

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Apr 11, 2004
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You will need it for citizenship. Also a birth certificate certified by a Dominican Embassy.
 

Ken

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Jan 1, 2002
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boogieman, aren't you planning to renew your passport? You can have passports from both countries.
 

midnitemed

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Dec 7, 2005
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Be careful if you plan on apply for dominican citizenship. If an American citizen makes an overt action to obtain citizenship from another country, the U.S. "may" revoke your citizenship. If another country recongnizes you as a citizen for other reasons, such as being born there or 2nd generation, this does not constitute an overt action.
 

SKY

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Complete nonsense. You cannot give up your U.S. citizenship if you try. There is a law that if you want to renounce your U.S. citizenship you must first wait and pay tax for ten years.
 

midnitemed

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Dec 7, 2005
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If that was directed at my post, then you misunderstood my post. the U.S. can revoke your citizenship if you overtly seek citizenship of another country. I have been practicing law (immigration law) in the U.S. for quite sometime. Apparently, so have you,,,
 

boogieman

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from my understanding, U.S will allow its citizens the right to obtain citizenship from another country.

and besides, how would the U.S find out???

ok so ill need my passport for citizneship... but would it be ok if its expired by 3-6 months?
 
Last edited:

rellosk

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Mar 18, 2002
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midnitemed said:
Be careful if you plan on apply for dominican citizenship. If an American citizen makes an overt action to obtain citizenship from another country, the U.S. "may" revoke your citizenship.
What's you source for this information?
 

AnnaC

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Jan 2, 2002
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boogieman said:
from my understanding, U.S will allow its citizens the right to obtain citizenship from another country.

and besides, how would the U.S find out???

ok so ill need my passport for citizneship... but would it be ok if its expired by 3-6 months?

Everytime this comes up I read what is on the website and it's kind of double talk. Yes you can but no you can't ;) Very confusing



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.



Taken from
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html
 

HOWMAR

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Jan 28, 2004
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Even if you plan on Dominican citizenship, why give up your ability to travel to the US in the future. You certainly won't be able to do so on a Dominican Passport and as an American, a US passport will be required starting next year (this date keeps changing).
 

midnitemed

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Dec 7, 2005
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Thanks Anna,
My post is an abbreviation of yours, however by you spelling it out, saves me the trouble. In short, you "may" lose your citizenship by applying for citizenship to another country. I guess my credentials as a lawyer just wasn't enough for some people. Thats O.K. I could be anyone just saying anything.
 

AnnaC

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Jan 2, 2002
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I guess they leave their options open should you take up with some country they don't like. :laugh:

But I don't think there's any danger in taking a Dominican citizenship. ;)

boogieman renew your passport it's important. ;)
 

midnitemed

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Dec 7, 2005
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Thanks Anna, thats what I said, just a little condensed. If citizenship granted, then thats fine, if you make an overt act to aquire it, you may be in trouble. I guess my being a lawyer isn't good enough for some people,,,then again I could be anyone saying that I am anything I want to be,,,
 

rellosk

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Mar 18, 2002
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midnitemed said:
Thanks Anna,
My post is an abbreviation of yours, however by you spelling it out, saves me the trouble. In short, you "may" lose your citizenship by applying for citizenship to another country. I guess my credentials as a lawyer just wasn't enough for some people. Thats O.K. I could be anyone just saying anything.
IMHO, your post is NOT an abbreviation of Anna's. It seems to be a completely different interpretation. You say:

If an American citizen makes an overt action to obtain citizenship from another country, the U.S. "may" revoke your citizenship

The only overt action mentioned in Anna's text (and the INS website), is that the person when applying for foreign citizenship had the intention of giving up their US citizenship.

While I am not a lawyer, I think I have to disagree with your interpretation. :nervous:
 

HOWMAR

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Jan 28, 2004
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rellosk said:
IMHO, your post is NOT an abbreviation of Anna's. It seems to be a completely different interpretation. You say:



The only overt action mentioned in Anna's text (and the INS website), is that the person when applying for foreign citizenship had the intention of giving up their US citizenship.

While I am not a lawyer, I think I have to disagree with your interpretation. :nervous:
Also, as a non-lawyer, I also would have to disagree. It seems that the overt act has to be an overt act of giving up US citizenship, not simply of claiming another.
1986 citizenship law amendments (Pub.L. 99-653)
On 14 November 1986, President Reagan signed Public Law 99-653 (100 Stat. 3655; 1986 U.S. Code Congressional and Administrative News 6182). This bill amended the INA to conform to the requirements of various Supreme Court decisions on loss of US citizenship.

The most significant change made by Pub.L. 99-653 was to the preamble of Section 349 of the Immigration and Nationality Act [8 USC ? 1481]. The revised wording made it clear that an action, in order to result in loss of citizenship, needed to be performed voluntarily and with the intention of giving up US citizenship. This change brought the law into line with the Supreme Court's ruling in Vance v. Terrazas.

Pub.L. 99-653 also revised the conditions under which foreign military service could result in loss of citizenship. Previously, a person could lose US citizenship through foreign military service unless said service were approved in advance by US officials. Also, a US citizen who entered a foreign military service prior to age 18 could lose his US citizenship if he had been given an option by said foreign country to leave its army at age 18, and failed to do so. All this was replaced by a new provision, under which foreign military service would result in loss of US citizenship only if performed voluntarily and with intent to relinquish US ties (see above) -- and, additionally, only if the person served as an officer, and/or if the foreign army were engaged in hostilities against the US. Note that the Supreme Court had previously ruled, in Mandoli v. Acheson, that coerced foreign military service could not result in loss of US citizenship.

Previously, if a US citizen were also a citizen of a foreign country, had spent one or more periods of time in that country totalling at least ten years, and performed any of the listed actions that could result in loss of US citizenship, the action in question would be conclusively presumed to have been performed voluntarily and without duress (i.e., the person in question would not have a legal right to present contrary evidence in a court case). This provision had been put on shaky ground as a result of the Terrazas ruling, and it was repealed by Pub.L. 99-653.

Prior to Pub.L. 99-653, a naturalized citizen who moved away from the US and set up permanent residence abroad within five years following naturalization risked revocation of his citizenship -- on the grounds that his promise (made on the citizenship application) to reside permanently in the US after naturalization had been made in bad faith. This five-year period was reduced to one year. (In 1994, this provision was repealed altogether.)
 

midnitemed

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Dec 7, 2005
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Respectfully, you folks are mis-interpreting my original response to the OP. look back at my original post. What I said was to be carefull when applying for citizenship in another country because the U.S. may revoke your U.S. citizenship. While all of you have done a good job of looking at the law, some of which is old law that has changes since the events of 9/11, how the courts interpret the law is basically what counts. while there may be different opinions even in the courts, I wouldn't hang my hat on one courts opinion (unless its the Supreme Court). If the OP wants to risk his U.S. citizenship by applying for Dominican citizenship, I just wanted to point out that he could be getting himself into something he did not intend. And as far as disagreeing with me, I don't take offense to this. The Justices on the Supreme Court disagree, so we are also allowed to disagree.
Robert
 

midnitemed

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Dec 7, 2005
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If the OP walked into my office and advised me that he was planning on applying for Dominican citizenship, I would advise him of the possibility of loosing his U.S. citizenship.
 

Tamborista

hasta la tambora
Apr 4, 2005
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Nice detective work Sky!
I knew the name sounded familiar.
Maybe he is one of those Doctor/Lawyer/Indian Chiefs from a small tribe.