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US born son on getting Canadian citizenship

akhil

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Jul 15, 2011
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I was reading travel.state.gov and my understanding is that my US born son will NOT loose US citizenship on acquiring Canadian citizenship(he got Canadian citizenship with his mother , we came on PR). Just validating if that is correct statement ( as he /we don;t have intent to give up US citizenship).

Thanks for the input!
 

PMM

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akhil said:
I was reading travel.state.gov and my understanding is that my US born son will NOT loose US citizenship on acquiring Canadian citizenship(he got Canadian citizenship with his mother , we came on PR). Just validating if that is correct statement ( as he /we don;t have intent to give up US citizenship).

Thanks for the input!
No, he won't lose his US citizenship.
 

screech339

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akhil said:
I was reading travel.state.gov and my understanding is that my US born son will NOT loose US citizenship on acquiring Canadian citizenship(he got Canadian citizenship with his mother , we came on PR). Just validating if that is correct statement ( as he /we don;t have intent to give up US citizenship).

Thanks for the input!
Children born dual will not lose either citizenship. So in your case, the child won't lose US citizenship because the child also held another citizenship.

One of the ways a US person could lose US citizenship is when the person voluntarily taken another citizenship by actively acquiring another. So a US born person could lose his/her US citizenship if that person acquired Canadian citizenship through naturalization.

Screech339
 

keesio

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screech339 said:
So a US born person could lose his/her US citizenship if that person acquired Canadian citizenship through naturalization.
This is a possibility but very unlikely. The only way this clause comes into effect is if you acquire another citizenship with the explicit intent of renouncing your US citizenship. And even if you fit in that category, the US still may not take away your citizenship. You really have to be found guilty of terrorism or treason for them to take it away. Or join a foreign military hostile to the US or get a foreign high level classified government position.

The more common complaint with US citizenship is actually that it is *too hard* to get rid of it (and US people abroad do look to get rid of it to escape their US tax filing obligations).

I'm a US citizen born in the USA and became a naturalized Canadian citizen last year. I'm happily a dual citizen.
 

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keesio said:
This is a possibility but very unlikely. The only way this clause comes into effect is if you acquire another citizenship with the explicit intent of renouncing your US citizenship. And even if you fit in that category, the US still may not take away your citizenship. You really have to be found guilty of terrorism or treason for them to take it away. Or join a foreign military hostile to the US or get a foreign high level classified government position.

The more common complaint with US citizenship is actually that it is *too hard* to get rid of it (and US people abroad do look to get rid of it to escape their US tax filing obligations).

I'm a US citizen born in the USA and became a naturalized Canadian citizen last year. I'm happily a dual citizen.
Even though on paper, the US could take away US citizenship from US people who taken on another citizenship, they won't do it knowing that by doing that, it loses their tax revenue. With Obamacare in effect, it is no wonder that US would make it very difficult to renounce it.

I have came across a passenger who gotten dual citizenship through US naturalizing as a child. The child once he/her turned 18 (I think) must choose which citizenship to keep. Wasn't allowed to keep dual. So naturally this person choose to keep American citizenship and lose his/her original citizenship.

And now you got American companies scrambling to leave US to pay lower corporate tax. Ei burger King buying tim horton's to move headquarters to Canada (probably alberta). I can guarantee it won't be in Ontario. The have not province with the second highest debt being run by a majority tax and spend liberal government.

Screech339
 

keesio

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Many yeas ago the US made it difficult (if not near impossible) to have a dual citizenship. But many advocacy groups like AARO fought for the rights of Americans abroad and was able to get the laws amended so that dual citizenship is now allowed in most standard cases.

And yes, part of the reason the US makes it hard is to prevent people to easily give it up to avoid filing taxes. Not only that but they are known to treat ex-US citizens worse than people who never were. Canadians who were once also US citizens but renounced it have been known to get questioned heavily by CBP and even given just 1 week visitor visas even though Canadians are allowed up to 6 months without a visa. It is almost a "how dare you give up our citizenship" attitude.

One interesting thing is the new booming profession of US tax experts in asia (mostly China). Birth tourism was big in asia back in the 80's and many pregnant women would come to the US and give birth and then head home. US citizenship was supposed to be just a backup but little did they know that when their kid turns 18, (s)he's got to file US taxes even if (s)he does not reside there. Surprise!
 

screech339

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keesio said:
Many yeas ago the US made it difficult (if not near impossible) to have a dual citizenship. But many advocacy groups like AARO fought for the rights of Americans abroad and was able to get the laws amended so that dual citizenship is now allowed in most standard cases.

And yes, part of the reason the US makes it hard is to prevent people to easily give it up to avoid filing taxes. Not only that but they are known to treat ex-US citizens worse than people who never were. Canadians who were once also US citizens but renounced it have been known to get questioned heavily by CBP and even given just 1 week visitor visas even though Canadians are allowed up to 6 months without a visa. It is almost a "how dare you give up our citizenship" attitude.

One interesting thing is the new booming profession of US tax experts in asia (mostly China). Birth tourism was big in asia back in the 80's and many pregnant women would come to the US and give birth and then head home. US citizenship was supposed to be just a backup but little did they know that when their kid turns 18, (s)he's got to file US taxes even if (s)he does not reside there. Surprise!
Even though US acknowledges that dual citizen exist, they don't officially recognize it. They make all US dual people to come into and leave US with US passport only. They won't allow you to come into US with a Canadian Passport or any other foreign passport until you renounced US citizenship.
 

keesio

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screech339 said:
Even though US acknowledges that dual citizen exist, they don't officially recognize it. They make all US dual people to come into and leave US with US passport only. They won't allow you to come into US with a Canadian Passport or any other foreign passport until you renounced US citizenship.
That is true. You are always an American in the eyes of the US, and any other citizenship you may hold doesn't matter as long as you have a US citizenship.

However many countries require you to use to use their passport if you have one. Canada is the same. I must enter Canada with my Canadian passport.
 

screech339

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keesio said:
That is true. You are always an American in the eyes of the US, and any other citizenship you may hold doesn't matter as long as you have a US citizenship.

However many countries require you to use to use their passport if you have one. Canada is the same. I must enter Canada with my Canadian passport.
You can leave US on your US passport but enter Canada on a Canadian Passport. And vis versa.

I remember a story whereby a naturalized Canadian born in US was stopped at US Border for entering US with Canadian Passport. After they questioned and gave him a hard time, even threatened to charge with felony. The US border then decided to let him in with a Canadian Passport but "registered" him as US person entering US. They warned him that if he does it again, they will charge him next time.

Well honestly I didn't know that Canada has a law that require all Canadians (including dual) to enter Canada with Canadian Passport. My two kids are born dual (US and Canadian) and yet was able to enter Canada with their US Passports. They didn't have Canadian Passports at the time. Once they gotten their Canadian Passports, they were able to use that passports.

Here is a sample of note on Ottawa US embassy website on dual Canadian/American nationality.

Dual Citizens

If you are a dual U.S.-Canadian citizen you should always present yourself as a Canadian citizen when entering Canada and as a U.S. citizen when entering the United States. For more information, please visit our page on dual citizenship.
 

PMM

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screech339 said:
You can leave US on your US passport but enter Canada on a Canadian Passport. And vis versa.

I remember a story whereby a naturalized Canadian born in US was stopped at US Border for entering US with Canadian Passport. After they questioned and gave him a hard time, even threatened to charge with felony. The US border then decided to let him in with a Canadian Passport but "registered" him as US person entering US. They warned him that if he does it again, they will charge him next time.

Well honestly I didn't know that Canada has a law that require all Canadians (including dual) to enter Canada with Canadian Passport. My two kids are born dual (US and Canadian) and yet was able to enter Canada with their US Passports. They didn't have Canadian Passports at the time. Once they gotten their Canadian Passports, they were able to use that passports.

Here is a sample of note on Ottawa US embassy website on dual Canadian/American nationality.

Dual Citizens

If you are a dual U.S.-Canadian citizen you should always present yourself as a Canadian citizen when entering Canada and as a U.S. citizen when entering the United States. For more information, please visit our page on dual citizenship.
Canada doesn't have a similar law, you can enter on any passport as long as you can prove you are a citizen.
 

keesio

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PMM said:
Canada doesn't have a similar law, you can enter on any passport as long as you can prove you are a citizen.
This is news to me. I first thought Canada didn't require you enter with a Canadian passport but then others said I had to (though I never bother to confirm this). Anyway it is good to know now.
 

screech339

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keesio said:
This is news to me. I first thought Canada didn't require you enter with a Canadian passport but then others said I had to (though I never bother to confirm this). Anyway it is good to know now.
I didn't think there was such a law in place. However those from non-visa exempt countries may have trouble boarding a plane to Canada on their foreign passport without proof of citizenship. So I think those from visa exempt countries could get away with traveling to Canada using their foreign passport.

Screech339
 

PMM

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research-scientist said:
Quote the section of the Immigration Act/Regulations then!

19. (1) Every Canadian citizen within the
meaning of the Citizenship Act and every person
registered as an Indian under the Indian Act
has the right to enter and remain in Canada in
accordance with this Act, and an officer shall
allow the person to enter Canada if satisfied
following an examination on their entry that the
person is a citizen or registered Indian.

Right of entry of
permanent
residents
(2) An officer shall allow a permanent resident
to enter Canada if satisfied following an
examination on their entry that they have that
status.
 

Pureminded

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Canada doesn't have a similar law, you can enter on any passport as long as you can prove you are a citizen.
Try boarding a Canada bound flight with a foreign passport and whatever document (birth certificate, naturalization certificate..), you'll be denied. I've witnessed this twice once in Africa and once in Europe with 2 different companies.