Dual Citizenship Question (US/Can)

[sns204]

Apologies if this is in another thread. I tried to search and read, but not really finding the answer.

I'm American-born and a permanent resident of Canada. For years I've toyed with the idea of obtaining my Canadian citizenship as a dual, mostly for voting purposes. Another possible reason would be to travel under the Canadian passport, except to the US in which case I would present my US passport upon entry, Canadian passport when coming back to Canada.

I read somewhere that because I have no natural reason for being a Canadian citizen (i.e. - birth), that the act of voluntarily obtaining my Canadian citizenship would trigger a renunciation of my US citizenship.

Is this the case? I routinely go back and forth to the states and will continue to file my taxes, so I'd hope that would show my intent to stay a US citizen.

Thanks in advance.

 

[Natan]

Apologies if this is in another thread. I tried to search and read, but not really finding the answer.

I'm American-born and a permanent resident of Canada. For years I've toyed with the idea of obtaining my Canadian citizenship as a dual, mostly for voting purposes. Another possible reason would be to travel under the Canadian passport, except to the US in which case I would present my US passport upon entry, Canadian passport when coming back to Canada.

I read somewhere that because I have no natural reason for being a Canadian citizen (i.e. - birth), that the act of voluntarily obtaining my Canadian citizenship would trigger a renunciation of my US citizenship.

Is this the case? I routinely go back and forth to the states and will continue to file my taxes, so I'd hope that would show my intent to stay a US citizen.

Thanks in advance.

The Reader's Digest answer: you can naturalize as a Canadian citizen without jeopardizing your U.S. citizenship.

Naturalizing as a Canadian citizen is a potentially expatriating act. If you naturalize as a Canadian citizen with the intent to maintain U.S. citizenship, the U.S. Department of State (DoS) should not move to revoke your American citizenship. However, if the DoS finds evidence that you had intent to relinquish citizenship when you naturalized as a Canadian, they may move to revoke your citizenship.

Ways to show your intent to maintain U.S. citizenship:
1. Renew your U.S. passport right after naturalizing as a Canadian (even if it isn't due for renewal)
2. Apply for a U.S. passport card right after naturalizing
3. Affirm your intention to maintain U.S. citizenship, notwithstanding naturalizing as a Canadian, in a notarized document before naturalizing
4. Continue to file U.S. tax returns
5. Vote in U.S. presidential elections
6. Register in the U.S. Consulate's STEP program
7. When a form asks your citizenship, always include "USA" (even on foreign forms)

Things not to do:
1. Say you're naturalizing for tax purposes or to avoid paying taxes
2. Joke about moving away for political reasons (the President, Congress, nuclear war with North Korea, etc.)
3. Enter the U.S. on a foreign travel document, or present one to a U.S. peace officer

 

[sns204]

The Reader's Digest answer: you can naturalize as a Canadian citizen without jeopardizing your U.S. citizenship.

Naturalizing as a Canadian citizen is a potentially expatriating act. If you naturalize as a Canadian citizen with the intent to maintain U.S. citizenship, the U.S. Department of State (DoS) should not move to revoke your American citizenship. However, if the DoS finds evidence that you had intent to relinquish citizenship when you naturalized as a Canadian, they may move to revoke your citizenship.

Ways to show your intent to maintain U.S. citizenship:
1. Renew your U.S. passport right after naturalizing as a Canadian (even if it isn't due for renewal)
2. Apply for a U.S. passport card right after naturalizing
3. Affirm your intention to maintain U.S. citizenship, notwithstanding naturalizing as a Canadian, in a notarized document before naturalizing
4. Continue to file U.S. tax returns
5. Vote in U.S. presidential elections
6. Register in the U.S. Consulate's STEP program
7. When a form asks your citizenship, always include "USA" (even on foreign forms)

Things not to do:
1. Say you're naturalizing for tax purposes or to avoid paying taxes
2. Joke about moving away for political reasons (the President, Congress, nuclear war with North Korea, etc.)
3. Enter the U.S. on a foreign travel document, or present one to a U.S. peace officer

Thank you for the quick reply.

How does DoS get notified? Am I supposed to notify them that I've obtained another citizenship?

 

[Natan]

Thank you for the quick reply.

How does DoS get notified? Am I supposed to notify them that I've obtained another citizenship?

There is no need to notify DoS. As a general rule, DoS does not actively seek information on potentially expatriating acts. (A word of warning, making public statements or blog posts that American politicians find offensive and/or unAmerican may result in political pressure for DoS to investigate your case.)

When you fill out your U.S. passport application, under the section "ACTS OR CONDITIONS", you should cross out the following portion:

"I have not, since acquiring United States citizenship/nationality, been naturalized as a citizen of a foreign state; taken an oath or made an affirmation or other formal declaration of allegiance to a foreign state"​

Replace it with a statement like:

"On [date], I was naturalized as a citizen of Canada. I did take an oath or make an affirmation or other formal declaration of allegiance to Canada. It was my intent to remain a citizen of the United States of America."​