Loss Of U.S. Citizenship From Applying For Dominican Citizenship

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R?mulo P?rez

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I have been looking into the subject of dual citizenship on the internet because I would like to go that route one day in the future.
However, from what it looks like according to what I have read, the only legal way to be a U.S. citizen with dual nationality is to be a foreigner who comes to the U.S. and becomes a naturalized U.S. citizen and still holds on to his citizenship of birth.

BUT, if an American citizen who is born and raised in the U.S. voluntarily applies for foreign citizenship after the age of 18 he automatically loses his U.S. citizenship since such an act is considered an 'expatriating act'.

There are some websites that seem to say that in addition to voluntarily applying for foreign citizenship the U.S. citizen must also intend to renounce his citizenship as a reason for applying for the foreign one, as if to say that if he or she voluntarily applies for a foreign citizenship but does so with the intent to keep his/her American citizenship, then all is okay and there's no danger of losing one's U.S. citizenship. BUT, they seem to imply that this is still risky and that there is danger that one's intent could still be misconstrued by U.S. officials and result in U.S. citizenship loss anyway even if the person sincerely did not intend to give it up.

Is there a real danger of losing one's U.S. citizenship by voluntarily applying for Dominican nationality even if the applicant has no intent of giving up their U.S. citizenship? Must one take certain steps while applying for Dominican citizenship to be able to later show proof that they had no intent to give up their U.S. citizenship or is it perfectly safe to apply without any risk or danger at all?

Below is an excerpt of some of the information I kept seeing that make it seem like a risky act:




Loss of citizenship (INA ? 349, 8 USC ? 1481)
Section 349 of the INA [8 USC ? 1481] specifies several conditions under which US citizenship may be lost. These include:
[B]? becoming a naturalized citizen of another country, or declaring allegiance to another country, after reaching age 18;

[/B]? serving as an officer in a foreign country's military service, or serving in the armed forces of a country which is engaged in hostilities against the US;

? working for a foreign government (e.g., in political office or as a civil servant);

? formally renouncing one's US citizenship before duly authorized US officials; or

? committing treason against, or attempting or conspiring to overthrow the government of, the US.
 
Sep 4, 2012
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What benefits, if any , are you lining towards to acquire by doing it?

What you posted is the US Code verbatim.

Are you naturalized or natural born American?
 

R?mulo P?rez

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What benefits, if any , are you lining towards to acquire by doing it?

What you posted is the US Code verbatim.

Are you naturalized or natural born American?

Natural born, born in NYC of Puerto Rican descent.

I would like to live full time in the DR and not have to spend money on residency renewals and always be subjected to sudden law changes that could make residency more harder to keep or more costly to keep.
 
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Sorry to tell you but you're bounded by the great uncle, and he told you written on the USC the consequences.

No way around it, either American or else but no both.
 

Tamborista

hasta la tambora
Apr 4, 2005
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Sorry to tell you but you're bounded by the great uncle, and he told you written on the USC the consequences.

No way around it, either American or else but no both.

I can think of @ least 6 US born Americans that have dual passports and no family in DR???
They are even dr1 members.
 
Sep 4, 2012
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I can think of @ least 6 US born Americans that have dual passports and no family in DR???
They are even dr1 members.

Hardly unlikely since the USA does not have dual citizenship, unless the American citizen is married to an unborn American or naturalized American with dual citizenship.

An natural born American can not just apply and change citizenship to dual. If he/she does, he'll lose the American citizenhip due to conflicts of interest.
 
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Dual Nationality
Don't sweat it- lots of Americans are dual citizens.

Yes they could be if the followed this:

A U.S. national may acquire foreign nationality by marriage, or a person naturalized as a U.S. national may not lose the nationality of the country of birth. U.S. law does not mention dual nationality or require a person to choose one nationality or another. Also, a person who is automatically granted another nationality does not risk losing U.S. nationality. However, a person who acquires a foreign nationality by applying for it may lose U.S. nationality. In order to lose U.S. nationality, the law requires that the person must apply for the foreign nationality voluntarily, by free choice, and with the intention to give up U.S. nationality.

Can I help you with anything else perhaps Bob?
 
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USC Code states as follows:

(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality—
(1) obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or
 

Tamborista

hasta la tambora
Apr 4, 2005
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Hardly unlikely since the USA does not have dual citizenship, unless the American citizen is married to an unborn American or naturalized American with dual citizenship.

An natural born American can not just apply and change citizenship to dual. If he/she does, he'll lose the American citizenhip due to conflicts of interest.

This is incorrect, you DO NOT lose your American Passport if you are a naturalized Dominican.
 
Sep 4, 2012
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This is incorrect, you DO NOT lose your American Passport if you are a naturalized Dominican.

It only applies to natural born Americans. Read the USC Code I posted. We were never talking about naturalized Americans, they can have both in most cases. Uncle only cares for natural borns.

I can marry whomever I desire and if so choose, I could gain their citizenship and no loose US citizenship.

A naturalized American could do the same but as a natural born, I cannot APPLY to change American citizenship, if so, the feds won't take it lightly.

Those DR1 members you spoke of are likely married to Dominicans or American Naturalized Dominicans; either case, they both retain their citizenship and gain that of their partner.
 
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Tamborista

hasta la tambora
Apr 4, 2005
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I read it, how do dozens on this site have legitimate Dominican Citizenship and were born in USA, NO RD family at all, 100% GRINGO? I guess they are liars.

Perhaps tflea or an authority will post a response, not just a cut and paste subject to interpretation.
 
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You aren't reading.

Second, the cut and paste was meant, so there weren't any interpretation to the subject. It comes straight from the USC.
 

Juana Cazadora

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Feb 6, 2015
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You aren't reading.

Second, the cut and paste was meant, so there weren't any interpretation to the subject. It comes straight from the USC.

It appears to me to mean that two things must occur simultaneously for loss of U.S. citizenship to take place:

1)The U.S. citizen must voluntarily apply for Dominican citizenship after reaching the age of 18.

AND.....

2) The U.S. citizen must have the explicit intent of renouncing his U.S. citizenship as the reason for applying for the Dominican citizenship.

Minus number two makes number one a non-expatriating act and thus does NOT endanger U.S. citizenship.
 

bob saunders

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dr1.com
Yes they could be if the followed this:

A U.S. national may acquire foreign nationality by marriage, or a person naturalized as a U.S. national may not lose the nationality of the country of birth. U.S. law does not mention dual nationality or require a person to choose one nationality or another. Also, a person who is automatically granted another nationality does not risk losing U.S. nationality. However, a person who acquires a foreign nationality by applying for it may lose U.S. nationality. In order to lose U.S. nationality, the law requires that the person must apply for the foreign nationality voluntarily, by free choice, and with the intention to give up U.S. nationality.

Can I help you with anything else perhaps Bob?

Key words in the above statement are " may" and with the intention to give up U.S. nationality. IN reality the American government doesn't stop Americans of any kind from being dual citizens.
 
Jan 9, 2004
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Dual citizenship can be had by Natural born US citizens.

One of the the operative words in the US Code are, as has been pointed out above, "may" as in you "may" lose your citizenship.

That word serves as a mere warning to natural citizens to proceed with caution....lest you find yourself no longer a citizen.

But the real operative word in the code is "intent." The US presumes you wish to retain your US citizenship.....unless your "intent" changes.

As of this writing, intent needs be manifested by an overt act on the natural citizens part....it (intent) does not or is not interpreted by the government as applying for dual citizenship in another country.

It is the overt act on the part of the naturalized citizen that currently creates intent. That overt act is most likely to be renunciation.

Unless renunciation, or some other act (espionage, fighting against the US in a foreign army, etc.) occurs, the US government will likely take no action against the growing number of US natural born citizens who choose dual citizenship.

Respectfully,
Playacaribe2
 
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Sep 4, 2012
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It appears to me to mean that two things must occur simultaneously for loss of U.S. citizenship to take place:

1)The U.S. citizen must voluntarily apply for Dominican citizenship after reaching the age of 18.

AND.....

2) The U.S. citizen must have the explicit intent of renouncing his U.S. citizenship as the reason for applying for the Dominican citizenship.

Minus number two makes number one a non-expatriating act and thus does NOT endanger U.S. citizenship.
Its not what "appears" to be to you, it's is what the USC explicitly states backed by the US government.

You may twist it the way you want.
 
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Key words in the above statement are " may" and with the intention to give up U.S. nationality. IN reality the American government doesn't stop Americans of any kind from being dual citizens.
Indeed the government doesn't, its your business what you do, however, its their to take actions thereafter.
 
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