Jason,
Unless you were to renounce your citizenship of either nation, it
appears that you may consider yourself a dual citizen of the United
States and Canada. As you will note in the information below, the
concept of "dual nationality" lacks official status (meaning that the
laws of these two countries do not specifically define a "dual
citizen,") but at the present time neither the U.S. nor Canada
prohibits this.
Here you will find an excellent discussion of various issues related
to dual citizenship:
Dual Citizenship FAQ: Dual Nationality and United States Law
http://www.richw.org/dualcit/
This excerpt from the site linked above seems virtually identical to
your circumstances:
"...My son has been a dual citizen of both the US and Canada from the
day he was born. He is a citizen of the US, because his parents are
both US citizens who fulfilled the US's legal requirement of residency
in the US prior to his birth. And he is also a citizen of Canada,
because he was born in Canada and neither my wife nor myself were in
the country as foreign diplomats."
--------------------------------------------------
The Bureau of Consular Affairs of the U.S. Department of State
discusses dual nationality here:
"The concept of dual nationality means that a person is a citizen of
two countries at the same time. Each country has its own citizenship
laws based on its own policy.Persons may have dual nationality by
automatic operation of different laws rather than by choice. For
example, a child born in a foreign country to U.S. citizen parents may
be both a U.S. citizen and a citizen of the country of birth.
A U.S. citizen may acquire foreign citizenship by marriage, or a
person naturalized as a U.S. citizen may not lose the citizenship of
the country of birth. U.S. law does not mention dual nationality or
require a person to choose one citizenship or another. Also, a person
who is automatically granted another citizenship does not risk losing
U.S. citizenship. However, a person who acquires a foreign citizenship
by applying for it may lose U.S. citizenship. In order to lose U.S.
citizenship, the law requires that the person must apply for the
foreign citizenship voluntarily, by free choice, and with the
intention to give up U.S. citizenship.
Intent can be shown by the person's statements or conduct.The U.S.
Government recognizes that dual nationality exists but does not
encourage it as a matter of policy because of the problems it may
cause. Claims of other countries on dual national U.S. citizens may
conflict with U.S. law, and dual nationality may limit U.S. Government
efforts to assist citizens abroad. The country where a dual national
is located generally has a stronger claim to that person's allegiance.
However, dual nationals owe allegiance to both the United States and
the foreign country. They are required to obey the laws of both
countries. Either country has the right to enforce its laws,
particularly if the person later travels there.Most U.S. citizens,
including dual nationals, must use a U.S. passport to enter and leave
the United States. Dual nationals may also be required by the foreign
country to use its passport to enter and leave that country. Use of
the foreign passport does not endanger U.S. citizenship."
US Department of State: Dual Nationality
http://travel.state.gov/dualnationality.html
More on dual citizenship:
--------------------------------------------------
"The concept of dual nationality means that a person is a citizen of
two countries at the same time. Each country has its own citizenship
laws based on its own policy. Persons may have dual nationality by
automatic operation of different laws rather than by choice. For
example, a child born in a foreign country to U.S. citizen parents may
be both a U.S. citizen and a citizen of the country of birth."
American Citizen Information Services: Dual Citizenship
http://www.amcits.com/dual.asp?print_version
--------------------------------------------------
"US citizens may retain their citizenship when they become naturalized
in another country. The only way you can lose your US citizenship is
if you apply for the foreign citizenship by free choice, and with the
intention of giving up your US citizenship.
One instance of this is the 1985 Ninth Circuit Court of Appeals case,
Richards v. Secretary of State. William Richards became a Canadian
citizen in 1971. At that time, Canada's naturalization oath included
the renunciation of all previous allegiances. A lower court ruled that
in renouncing his allegiance to the United States, Richards
voluntarily gave up his right to citizenship. The Ninth Circuit Court
of Appeals upheld the decision.
For those of you seeking Canadian citizenship, don't worry. In 1973,
Canada eliminated the renouncement from its naturalization oath."
Monster Global Gateway: United States Policy on Dual Citizenship
http://international.monster.com/workabroad/articles/dual/
--------------------------------------------------
"...When you become a naturalized US citizen, you are required to
swear an oath of loyalty to the United States. Some countries see this
as renouncing citizenship of your former country. In these cases, you
should be aware that becoming a US citizen could cause you to lose
your previous citizenship.
Some countries do allow dual citizenship. You should know the law of
your former country at the time of taking the oath. It is also
possible, that your former country could change the law regarding dual
citizenship at a later time. The US Supreme Court has upheld the right
to dual citizenship several times. Generally, you may hold dual
citizenship if you do not serve in the other country's military, vote
in the other country, take an oath of allegiance to the other country
or denounce the US after you are naturalized as a US citizen.
The following countries typically recognize dual citizenship: Albania,
Antigua, Barbados, Belize, Benin, Bulgaria, Burkina Faso, Cambodia,
Canada, Cape Verde, Central African Republic, Colombia, Costa Rica,
Cote d'Ivoire, Croatia, Cyprus, Dominica, Dominican Republic, Ecuador,
El Salvador, France, Ghana, Greece, Grenada, Guatemala, Hungary, Iran,
Ireland, Israel, Jamaica, Latvia, Lesotho, Liechtenstein, Macao,
Maldives, Mexico, Morocco, Namibia, Nevis, New Zealand, Nigeria,
Panama, Peru, Poland, Portugal, Romania, St. Christopher, St. Kitts,
St. Lucia, Slovenia, Sri Lanka, Switzerland, Syria, Togo, Tunisia,
Turkey, Tuvala and the United Kingdom."
ILW Immigration Portal: Becoming a United States Citizen
http://www.ilw.com/lawyers/colum_article/articles/2001,0327-INSGC.shtm
--------------------------------------------------
"The United States is tolerant of dual citizenship despite the stern
wording in the naturalization oath. According to a memorandum from the
State Department Consular Service, 'a person (from a country that does
not accept dual citizenship) and who is naturalized in the United
States keeps the nationality of the country of origin despite the fact
that one of the requirements for U.S. naturalization is a renunciation
of other nationalities.'
In other words, the United States looks the other way. Now that the
two countries bordering it recognize dual citizenship, the United
States is merely accepting a growing reality...
Since 1977, dual citizenship has been a fact of life in Canada, a top
destination for people seeking an alternative citizenship. One reason,
according to Guidy Mamann, a Toronto immigration lawyer: 'Canada, a
nation of immigrants, does not see wanting to maintain birth links and
being Canadian citizens as a conflict. Everyone gets to keep their
nationality. No one has to relinquish it.'
Analysts fear the trend of multiple nationalities is undermining the
notion of nationhood, particularly in the place with the most diverse
citizenry on Earth: the United States... More than half the countries
in the world allow people to keep their citizenship after acquiring
another one or more. According to Carmen di Placido, a retired U.S.
State Department official and an expert on naturalization issues, the
number of those in the United States seeking to retain or obtain extra
citizenship is growing. At the same time, dual nationality is not
without its problems, di Placido cautioned.
'A person is subject to military service in the other country,' he
said. 'And if he's arrested in a country where dual citizenship is not
recognized, the American consul could be inhibited from assisting
him.'
Once you are an American citizen, however, it's almost impossible to
divest yourself of citizenship. The only way you can lose it is to
present yourself to an Embassy outside the United States and make a
written renunciation. You must wait a couple of days -- in case you
change your mind -- and even then, Uncle Sam may refuse."
Sam Ghandchi, Futurist: About Dual Citizenship
http://ghandchi.com/iranscope/Anthology/dual.htm
--------------------------------------------------
"Unlike the law in effect in Canada up to 1977, the present
Citizenship Act allows a Canadian citizen to acquire foreign
nationality without automatically losing Canadian citizenship. Since
February 15, 1977, a Canadian citizen may retain Canadian citizenship,
unless he or she voluntarily applies to renounce it and the
application is approved by a citizenship judge. The present Act thus
makes it possible to have two or more citizenships and allegiances at
the same time for an indefinite period.
Consequently, you may have the rights and obligations conferred by
each of these countries on its citizens. Whenever you are in a country
that recognizes you as a citizen, its laws take priority over the laws
of any other country of which you are a citizen."
Dual Citizenship
http://www.cic.gc.ca/english/citizen/dualci_e.html
--------------------------------------------------
For further information about Canadian citizenship issues, you may
seek information from the Citizenship and Immigration Call Centres:
Montreal: (514) 496-1010
Toronto: (416) 973-4444
Vancouver: (604) 666-2171
For all other areas within Canada: 1-888-242-2100
For further information from the United States' point of view, you may
seek information from the U.S. Department of State Bureau of Consular
Affairs:
Bureau of Consular Affairs
Office of Public Affairs
U.S. State Department
202-647-5225
You may also ask questions of the U.S. Department of State online:
http://contact-us.state.gov/ask_form_cat/ask_form_reference.html
I hope this helps. Keep in mind that Google Answers is not a source of
authoritative legal advice; if you have specific issues regarding your
immigration status or citizenship, please consult a qualified legal
professional for assistance.
If anything I have said is unclear, I will be glad to provide further
assistance if you request a clarification before rating my answer.
My Google search strategy:
"dual citizenship" + "united states" + "canada"
://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=%22dual+citizenship%22+%22united+states%22+canada
Best wishes,
pinkfreud |
