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Q: USA Canaa dual citizenship ( Answered,   0 Comments )
Subject: USA Canaa dual citizenship
Category: Relationships and Society > Government
Asked by: cabopat-ga
List Price: $10.00
Posted: 30 Jul 2005 05:30 PDT
Expires: 29 Aug 2005 05:30 PDT
Question ID: 549755
My mother was born in Canada and married my father in the US.  Am I
eligible for dual citizenship?  What about my wife and children?

Request for Question Clarification by hummer-ga on 30 Jul 2005 06:44 PDT
Hi cabopat,

1) What is your birth date?
2) What year did your mother leave Canada?

Subject: Re: USA Canaa dual citizenship
Answered By: justaskscott-ga on 30 Jul 2005 19:40 PDT
Hello cabopat,

As stated in the disclaimer at the bottom of this page, answers and
comments provided on Google Answers are general information, and are
not intended to substitute for informed professional legal advice.

It appears that, from Canada's perspective, the situation is
straightforward for children born outside Canada after February 14,

"You are a Canadian citizen if you were born outside Canada and:
you were born after February 14, 1977; and 
you had a parent who was Canadian at the time of your birth."

"Born Outside Canada to a Canadian Parent"
Citizenship and Immigration Canada

It also appears that, from the United States' perspective, "a person
who is automatically granted another citizenship does not risk losing
U.S. citizenship" on that basis.

"Dual Nationality"
U.S. Department of State

"Dual Citizenship"
U.S. Consular Services in Canada

The situation appears less clear cut up to February 14, 1977.

"Before February 15, 1977, a Canadian citizen who became a citizen of
another country ceased to be Canadian, except in rare circumstances."

"You asked about...immigration and citizenship: Other commonly asked
questions about Canadian citizenship" [under "Can I have dual
Citizenship and Immigration Canada

See also:

"Edited Hansard * Table of Contents * Number 035 (Official Version)"
(November 30, 2004)
Parliament of Canada

"If you were born outside Canada before February 15, 1977, and one of
your parents was a Canadian citizen at the time of your birth, contact
the CIC Call Centre or Canadian embassy in your area for more
information on citizenship."

"Canadian Citizenship" [under "Who is a Canadian citizen?"]
Citizenship and Immigration Canada

See also "If I was born overseas to a Canadian citizen, am I
automatically a Canadian citizen?" in the document "You asked
about...," cited above.

According to another document:

"The transitional provisions of the Citizenship Act which allow a
person born outside Canada to a Canadian parent between January 1st,
1947 and February 14th, 1977 access to Canadian citizenship if
eligible.  These provisions will expire on August 14th, 2004. 
Applications under these provisions will no longer be accepted after
that date."

"Birth Registration" (under "Child Born Outside Canada to a Canadian Parent")
Foreign Affairs Canada

If you are a Canadian citizen, it appears that the possibility of
Canadian citizenship for your child would be decided in the same way
as described above -- with one complication, described in detail here:

"Retention of Canadian Citizenship"
Citizenship and Immigration Canada

As for the spouse of a Canadian citizen:

"Marriage to a Canadian citizen does not give you citizenship. You
must first obtain permanent residence, then apply for Canadian
citizenship and meet the same requirements as any other person seeking
naturalization in Canada."

"Do I become a Canadian when I marry a Canadian?" in the document "You
asked about...," cited above.

With the caveat that this is not a professional legal opinion, I
believe the foregoing answers your questions.  You may also find
additional helpful information in:

"Dual Citizenship"
Citizenship and Immigration Canada

- justaskscott

Search strategy --

Search terms used on Google, in various combinations:

"dual citizenship"
"dual nationality"
"february * 2005"
"february * 1977"
"where the responsible parent of a minor child ceases to be a canadian citizen"
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