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Laws on Dual Citizenship of Natural Born Americans

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    Automatic Acquisition

    • A child born in a foreign country to U.S. parents will be a citizen of both countries. Also common is acquiring foreign citizenship by marriage. Whatever the case, it is U.S. policy that acquiring foreign citizenship by these or any other "automatic" means will not result in the loss of U.S. citizenship.

    Intentional Acquisition

    • The laws regarding dual citizenship can take a different turn when the foreign citizenship is acquired intentionally. A U.S. citizen who applies for foreign citizenship may be required to forfeit his U.S. citizenship. The law applies only if it is evident that the person applies voluntarily with the intent to give up U.S. citizenship, as shown by the individual's conduct. It is possible to retain U.S. citizenship if the person does not intend to give it up when applying for foreign citizenship.

    Supreme Court Precedent

    • The provision of intent to give up U.S. citizenship has been the subject of much debate and multiple cases for the Supreme Court. One such case is Vance v. Terrazas (1980). In this case, Laurence Terrazas, born in the U.S. to a Mexican father, had signed a document reaffirming his Mexican citizenship in which he was required to renounce his U.S. citizenship. Despite claims that it was nothing more than a formality and that he wished to retain his U.S. citizenship, it was revoked. The court ruled against him, declaring that such documents constituted proof of intent to give up U.S. citizenship.

    Policy on Intent to Give Up U.S. Citizenship

    • In 1990 the State Department adopted a new policy. Under this policy, the sort of documents referred to in Vance v. Terrazas are considered routine oaths of allegiance and are not taken at face value. When a document of allegiance to another country requiring the abandonment of U.S. citizenship is signed, it can only result in a loss of citizenship if the person truly intended to give it up. This is determined simply by asking the person.

    Activities That Result in a Loss of Citizenship

    • Most actions that result in loss of citizenship would probably only be committed by persons wishing to relinquish their U.S. citizenship anyway. This can include formally renouncing U.S. citizenship before a consular officer, being convicted of treason or serving in the military of a nation hostile to the United States. Also, taking a policy-level position in the government of a foreign nation will result in the loss of U.S. citizenship.

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