declaring other citizenships on citizenship application

[keesio]

When entering a country and [verbally] asked for citizenship, declare the citizenship of the travel document you are employing to enter the country. If you are required to fill out a form stating your citizenship, and you are a U.S. citizen, always include "USA", even if you're not travelling on a U.S. travel document. It is unwise, in the extreme, to volunteer multiple passports when entering a country. In fact, voluntarily providing a foreign travel document as identification to a U.S. CBP agent while situate in the USA (or at one of its ports), unless it was specifically requested, is illegal and grounds for revocation of U.S. citizenship. In any case, lying to a CBP agent, in the commission of his/her duty, is a criminal offence punishable with imprisonment. If you are asked if you are a dual citizen and to name the countries of your citizenship, do not lie, even by omission.

If I'm entering Canada on my Canadian passport, I do not write "USA" as my citizenship on my customs declaration card. I put "CANADA" because I am Canadian and CBSA wants me to enter as a Canadian. Likewise when I enter the USA, I enter on my US passport and put down my citizenship as "American". This is expected and confirmed by both CBP and CBSA officials when I was interviewed by both for my NEXUS application. Of cousre if you are asked for more information, you disclose it. No one is arguing that.

 

[Natan]

If I'm entering Canada on my Canadian passport, I do not write "USA" as my citizenship on my customs declaration card. I put "CANADA" because I am Canadian and CBSA wants me to enter as a Canadian. Likewise when I enter the USA, I enter on my US passport and put down my citizenship as "American". This is expected and confirmed by both CBP and CBSA officials when I was interviewed by both for my NEXUS application. Of cousre if you are asked for more information, you disclose it. No one is arguing that.

You are following the correct course of action. Let nothing I say following this be interpreted otherwise.

The best way to safeguard one's U.S. citizenship after having committed a potentially expatriating act (I have committed several such acts during my lifetime) is to make clear, unambiguous, repeated and well documented statements of one's intent to maintain U.S. citizenship. When I enter Canada, I present myself solely as a Canadian citizen. But, when I fill out a customs form, I ALWAYS include USA in the citizenship box. (It doesn't hurt, and it is one more piece of evidence documenting my intention to maintain U.S. citizenship.)

Before applying for Canadian citizenship and before swearing the oath of citizenship, I swore out statements of my intention to maintain U.S. citizenship and had them notarized. Upon becoming Canadian, I immediately renewed my U.S. passport (even though it was good for several more years) and included a statement that I had naturalized as a Canadian citizen on such-and-such a date, with the intention of maintaining U.S. citizenship. While living outside the U.S., I always vote in U.S. elections for only Democrats or Republicans (no third parties or write ins); I always file tax returns, whether I am required to or not; I always enter the U.S. on a U.S. travel document; and I always go out of my way to write on government forms that I am a U.S. citizen. Even when pulled over by the police in the USA, I present both my Canadian enhanced drivers licence and my US Passport Card. I have established a large body of legal, third party verifiable evidence documenting my intention to maintain U.S. citizenship. I have never committed any act that undermines an intention to maintain U.S. citizenship.

It is my belief that threats to my U.S. citizenship have ceased, in large part, because of my in-your-face, almost belligerent obsession with establishing my unambiguous, clear-cut, straight forward intention to maintain U.S. citizenship. Not only has there never been any legal grounds for threatening my status, I am wealthy enough to fight for my rights and up standing enough to present a positive publicity image in my defence. I have learnt how to gird myself with the armour required to deter capricious attacks to my U.S. status, and I recommend all those who have committed potentially expatriating acts to do likewise.

 

[keesio]

Wow. Of all you mentioned, the only things I always do are:

I always file tax returns, whether I am required to or not; I always enter the U.S. on a U.S. travel document;

Those I always do. The rest I do not. I know several dual citizens in Canada (some obtained Canadian citizenship long time ago and have been dual citizens for decades), the vast majority have not done anything near what you do to declare their US citizenship and they have had no issues retaining US citizenship and renewing their passports.

 

[Natan]

I know several dual citizens in Canada (some obtained Canadian citizenship long time ago and have been dual citizens for decades), the vast majority have not done anything near what you do to declare their US citizenship and they have had no issues retaining US citizenship and renewing their passports.

I am glad to hear that. May you never encounter any difficulties with DoS.

Unfortunately, some American migrants to Canada have lost their citizenship because DoS determined they committed potentially expatriating acts with the intent to relinquish citizenship. I don't intend to become one of them.

 

[links18]

I am glad to hear that. May you never encounter any difficulties with DoS.

Unfortunately, some American migrants to Canada have lost their citizenship because DoS determined they committed potentially expatriating acts with the intent to relinquish citizenship. I don't intend to become one of them.

Can you cite some specific cases?

 

[Natan]

Can you cite some specific cases?

No, I cannot cite specific cases. But these cases have been in the news for decades, beginning with some Vietnam draft dodgers who DoS deemed to have lost their U.S. citizenship after President Carter pardoned them. Some of these cases have returned to the news in the past five years because of FATCA. DoS, after having deemed some people to have relinquished their citizenship, and refusing to grant them U.S. passports, decades later retroactively reinstated their citizenships, without their permission. This has resulted in some people being assessed fines for not having filed the proper tax forms while they were deemed noncitizens, even though they may have owed no taxes for the years in question. To add insult to injury, the U.S. passed a law, last year, that directed DoS not to issue passports to Americans who owe $50,000 or more to the IRS. These news stories have caused a bit of a sensation among expatriat and accidental Americans who have seen their retirement savings in Canada (and elsewhere) put at risk and are concerned about their freedom of mobility. Accounting firms, law firms, U.S Consulates and activists have been holding forums worldwide, even in Canada, to address these issues over the past couple of years.