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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105670
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a us citizen who recently acquired Spanish citizenship.

Customer Question

Hi I am a us citizen who recently acquired Spanish citizenship. I have a 14 ur old daughter who can also acquire Spanish citizenship but per the consulate of Spain in NYC she must renounce her American citizenship. I do not believe the USA recognizes minors relinquishing citizenship. Can she renounce per Spanish law but maintain her USA citizenship?
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Take a look at this link:

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/renunciation-of-citizenship.html

She would have to meet all three elements to officially renounce and even then, I agree with you that you could argue that as a minor she doesn't have the capacity to renounce. But if she does not meet all three elements, I believe it would be safe for her to "renounce" to the Spanish officials signing whatever Spanish document they like and the U.S. would still consider her a U.S. Citizen.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Customer: replied 5 months ago.
What are the 3 elements?
Customer: replied 5 months ago.
Is it 59 on top of the 38 to speak w u? Or just 59
Customer: replied 5 months ago.
Hi will you be contacting me? I already made the payment
Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

It's an additional $59 to speak over the phone. It tells me that there was a failure for that extra payment. That's fine. We can continue here without additional fee if you like. As to the three elements, I guess you didn't look at the link that I provided. Please read below:

B. ELEMENTS OF RENUNCIATION

A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship:

  1. appear in person before a U.S. consular or diplomatic officer,
  2. in a foreign country (normally at a U.S. Embassy or Consulate); and
  3. sign an oath of renunciation

Renunciations that do not meet the conditions described above have no legal effect. Because of the provisions of Section 349(a)(5), U.S. citizens cannot effectively renounce their citizenship by mail, through an agent, or while in the United States. In fact, U.S. courts have held certain attempts to renounce U.S. citizenship to be ineffective on a variety of grounds, as discussed below.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Hello Marty. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 5 months ago.

Thank you for your kindness and respect. Good luck to you.

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