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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95033
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Good morning, Im a US citizen and I applied for the citizenship

Resolved Question:

Good morning,
I'm a US citizen and I applied for the citizenship of Spain where I travel very often, as I was led to believe that it was possible to hold both passports. I applied for the practicality of not having to worry about staying long enough overseas based on my residence card constraints. Now, I'm finding out that in order to accept the Spanish citizenship and finalize the process, they ask me to check a box that says that I renounce the US. citizenship. I'm worried about doing that, because I don't really want to renounce, but I'm wondering if it's just a formality or I could even be asked to turn in my American passport when I go in person to do the oath. My wife obtained the American citizenship through being married to me in 2008, and she was never asked to turn in her Spanish passport or renounce her citizenship from birth.
One last scenario that we are wondering about is that if when an American renounces his citizenship, how easy is to claim it back. Does being an American born play into the mix? Or, since my wife is an American citizen, could I claim back my citizenship through being married to her? Thanks so much for any information you can provide.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


Well, luckily I have good news for you. In order to actually renounce your U.S. Citizenship, you would generally have to do so before a U.S. government official with the intent to renounce. Take a look at this link:

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html



And more importantly, take a look at this link:



http://travel.state.gov/law/citizenship/citizenship_776.html

So you should be fine. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95033
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


Thanks for your quick reply. Still, if I have to appear in front of a Spanish official and I'm asked to check the box that "I renounce" and take and oath. Am I understanding correctly that they cannot go to the US Embassy and finalize that renouncing of citizenship on my behalf. I read the information you provided on the links, but I just want to make sure there aren't any lose ends, so it cannot backfire in any way.


 


The question about being able to claim back my citizenship if I lost it was unanswered. Is it because unless I appear in person at a US Embassy or consulate, there is no way I can lose it. Thanks again.

Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

You would have to take the additional steps I provided in that link in order to truly renounce your U.S. Citizenship. The U.S. won't take away your U.S. Citizenship just because you check a box on a foreign form.

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