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Post by Rafael Bley on Jul 23, 2015 14:28:25 GMT -5
Hello there, my name is Rafael Bley, i'm a Brazilian born and got my america citizenship through marriage.
My parents find out that we are Lux decadents and are applying for the citizenship.
Is it possible for me to get it too?
Does the US rules allow me for such?
thank you
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Post by moike92 on Jul 23, 2015 18:36:17 GMT -5
Well if your parents are eligible for Lux citizenship then you would be as well.
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Post by heatherk on Jul 24, 2015 16:03:11 GMT -5
I did some research on this. I'm a US citizen and would be getting a dual citizenship this way. "A U.S. national may acquire foreign nationality by marriage, or a person naturalized as a U.S. national may not lose the nationality of the country of birth. U.S. law does not mention dual nationality or require a person to choose one nationality or another. Also, a person who is automatically granted another nationality does not risk losing U.S. nationality. However, a person who acquires a foreign nationality by applying for it may lose U.S. nationality. In order to lose U.S. nationality, the law requires that the person must apply for the foreign nationality voluntarily, by free choice, and with the intention to give up U.S. nationality." The key is that last sentence - you only lose the US nationality if you intend to give it up in the first place. Additionally: "a person who: is naturalized in a foreign country; takes a routine oath of allegiance to a foreign state; serves in the armed forces of a foreign state not engaged in hostilities with the United States, or accepts non-policy level employment with a foreign government, and in so doing wishes to retain U.S. nationality need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. nationality since such an intent will be presumed. When, as the result of an individual's inquiry or an individual's application for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. national has performed an act made potentially expatriating by INA Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4) as described above, the consular officer will simply ask the applicant if he/she intended to relinquish U.S. nationality when performing the act. If the answer is no, the consular officer will certify that it was not the person's intent to relinquish U.S. nationality and, consequently, find that the person has retained U.S. nationality." So, even if you do the things listed above, you're not at risk of losing your US citizenship unless you choose to - at worst, you will be asked if that's what you wanted, and if you wanted to remain a US citizen, you will. travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality.html |
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Post by moike92 on Jul 24, 2015 16:48:15 GMT -5
Dual citizenship is not recognized in the U.S. But it is allowed. It sounds confusing. You do not have to give up your U.S. Citizenship though. I have some friends that have citizenship in another country in Europe and they still have their U.S. Citizenship. Basically you'll hair end up having a U.S. Passport and a Luxembourgish passport.
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Post by heatherk on Jul 24, 2015 18:08:56 GMT -5
Right.
Additionally, you can think of this too:
If you are able to get your citizenship in Luxembourg in this way, it shows that your ancestors were citizens, and through jus sanguinis passed down their citizenship to all of their children, and their children to their children, etc. - you didn't ever lose it.
This process we're all going through just proves that you had it in the first place and never lost it.
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Post by helena on Jul 25, 2015 12:50:43 GMT -5
Most of us did lose citizenship. That's why they call it reclaiming citizenship.
There are a few who never lost it. Those lucky people only have to go through Phase 1.
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Post by heatherk on Jul 28, 2015 23:34:46 GMT -5
Oh, whoops, right, sorry. I'm one of those lucky ones. I have a direct paternal line, and both my great(X4) grandfather and great(x3) grandfather were born in Luxembourg and died in the US after 1900 without naturalizing here (or, at least, I haven't found any naturalization records yet). So I was thinking about my case and a few others I've heard of on here.  |
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Post by junglinster on Jul 30, 2015 16:28:55 GMT -5
Not sure about direct paternal line and skipping Stage 2. I have a direct paternal line (great-great grandfather born Luxembourg 1811, died Iowa 1894) and great-grandfather (born Luxembourg 1854, died Oregon 1907), no naturalization record, and have the same last name. I successfully completed Stage 1 but still have to do Stage 2.
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Post by helena on Jul 30, 2015 19:48:14 GMT -5
As you have the same last name, I assume your grandfather and father are also in the line, correct?
When you sent in Phase 1 documents, did you send in letters from the various agencies which house naturalization documents? Those letters would say that no record of naturalization was found.
Did you send in census data, too? The census would show an alien status.
They only care about naturalization if someone can skip Phase 2. Maybe they assumed your Lux ancestor naturalized if you didn't provide evidence to the contrary. And, one can only skip Phase 2 if citizenship was never lost.
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