bear1932..
Thank you for your question. Please remember that answers provided
here are not to take the place of informed, professional, legal
advice, but rather to provde general information.
Under current United States Immigration law, there are 7 ways to
renounce your US citizenship:
1. Being naturalized in a foreign country, upon the person’s own
application made after reaching 18 years of age;
2. Making an oath or other declaration of allegiance to a foreign
country or division thereof, again, after reaching 18 years of age;
3. Serving in the armed forces of a foreign country if those armed
forces are engaged in hostilities against the US, or if the person
serves as an officer;
4. Working for the government of a foreign country if the person also
obtains nationality in that country, or if to work in such a position
an oath or other declaration of allegiance is required;
5. Making a formal renunciation of US citizenship before a US
consular officer or diplomat in a foreign country;
6. Making a formal written statement of renunciation during a state
of war, if the Attorney General approves the renunciation as not
contrary to US national defense; and
7. Committing an act of treason against the US, or attempting by
force or the use of arms to overthrow the government of the US.
Renunciation by this means can be accomplished only after a court has
found the person guilty.
I am going under the assumption that we are going to be concerned, in
your case, with #1. In order to become a legal citizen of Canada, you
had to make an application. One of the key differentiators is in the
oath that is taken upon becoming a citizen. If in that oath you were
required to renounce your citizenship to the United States and you
make that oath with the intention of renouncing your citizenship, you
have done so. However, if you made the oath believing that it would
not impact your US citizenship, it is not what is known as a
renunicating act. The Canadian Oath of Citizenship reads:
"I swear/affirm that I will be faithful and bear true allegiance to
Her Majesty Queen Elizabeth the Second, Queen of Canada.
Her Heirs and Successors, according to law and that I will faithfully
observe the laws of Canada and fulfill my duties as a Canadian
citizen."
That being said, we are in a gray area. There is nothing in the oath
regarding renunciating your US citizenship, so therefore, it could be
presented that upon taking that oath, you did not think it would
affect your US citizenship. There are other factors, in your case, as
well. Certain acts that, before 1990, could result in a loss of
citizenship are now held not to have that effect. Specifically, the
Department of State presumes that a person who (a) becomes a citizen
of a foreign country, (b) takes a routine oath of allegiance to
another country or (c) accepts a non-policy position with a foreign
government, does not intend to renounce her/his U.S. citizenship. A
person who lost U.S. citizenship because of one of the above reasons
before the standard was changed in 1990 can write to the Department of
State in Washington, DC to request reconsideration.
So, to answer your question: did you lose citizenship? The answer is,
maybe, maybe not. I would recommend you contact the US consulate in
Canada (a list of their locations, based on Provence, can be found at
http://www.amcits.com/consulates.asp ) and discuss your particular
situation with them.
Thanks again for your question and I hope the above information has
been helpful. If you need any additional clarification, please let me
know prior to rating my answer.
Regards,
-THV
Search Strategy:
US Consulates Canada
oath of citizenship in canada
"Reacquisition of US Citizenship"
how to renounce us citizenship
dual citizenship US canada
References:
The ABC's of Immigration-Losing Citizenship
http://www.visalaw.com/02apr1/12apr102.html
Reacquisition of U.S. Citizenship and Other
Issueshttp://www.murthy.com/UDreuscz.html |
