Questions about Dual Citizenship
What is dual citizenship?Dual citizenship is when a person holds citizenship of two countries simultaneously. These dual nationals are citizens of both countries and are required to abide by the laws of both countries. Each country has different laws governed by the country’s policy on citizenship. Each country the person is a citizen of has the right to enforce their laws. With respect to U.S. citizens, he/she can become a citizen of a foreign country through marriage to a foreign national or if he/she has acquired citizenship or been naturalized in the U.S. will not lose the citizenship of their birth country. A U.S. passport is required for most U.S. citizens, including dual nationals when they travel to and from the United States.
Below are some top questions answered by Experts on dual citizenship.
Can a person of dual citizenship who is on parole/probation leave the country?Normally in such a situation, the person would need to serve the full term probation term. If a person was a U.S. citizen at the time of committing the crime, the law does not allow the person to renounce their citizenship in order to facilitate deportation. If this were the case, it would be a method to avoid or shorten a criminal sentence and therefore a popular choice for criminals. The person is required to serve the entire parole and probation sentence. It is technically possible once the person serves the required sentence to request the court via motion to terminate probation early. However, such early termination is rare and unlikely. Should a person decide to leave the U.S. of their own accord without serving out their full probation, there would be a warrant issued for violating probation. It would be unlikely the U.S. authorities would pursue a case of probation violation abroad and attempt to extradite but that is not impossible. Violating probation is a crime and if the person were to return to the U.S. at any point, they would be arrested.
What are the options of dual citizenship for a single U.S. citizen with limited income and good savings looking to work?Certain countries allow U.S. citizens to migrate more easily than others. It should be noted that if a person continues to work, they are required to pay taxes to the U.S. IRS on the income based upon the United States Global tax system. This would be subject to foreign income exchange regulations. Hence moving to a country with low cost of living and earning an income that would not attract a substantial tax liability is a possible option. Panama is one of the countries that is accommodating to U.S. citizens and offers U.S. citizens incentives to immigrate and retire in their country. Panama also has a significant number of English speaking people.
A person with dual U.S. and Canadian citizenship would like to marry a Canadian citizen. What are their options for residency? Can the Canadian continue working while applying?Some of the options available are as follows:
- They can get married in Canada and the U.S. citizen can petition a Form I-130 from the U.S. on the behalf of the spouse. This may take approximately six months. More information available on the link: http://www.puravidatravels.com/immigrant_visa_for_spouse_process.shtml
- Apply for a K-1 fiancé visa through Form I-129F. Once the spouse arrives in the U.S. they need to marry within 90 days. After this, the green card process of filing Forms I-130/I-485 can be initiated. More information available on the link: http://travel.state.gov/visa/immigrants/types/types_2994.html
- A K-3 visa can be applied for if you are looking to relocate to the U.S. sooner. More information available on the link: http://travel.state.gov/visa/immigrants/types/types_2993.html
Which passport does a person of dual citizenship need to use while travelling?As citizens of two countries, one has the liberty to use either passport to travel. A dual citizenship implies that one has similar rights as compared to any other citizen of either country.
My fiancé has dual citizenship, one of which is of the U.S. Is it possible to immigrate to the U.S. with the spouse even if we have no assets in the U.S.?The U.S. citizen can petition for the spouse from the other country of citizenship. However at the interview, you will be questioned on how you will sustain yourselves and live in the U.S. For this, you need to prove that you have made plans such as leasing an apartment or having a good job at hand. Without this, it could be difficult to immigrate.
Dual citizenship allows an individual to enjoy rights of two countries. There may be advantages to this and understanding one’s opportunities and options will help one make the right decisions when it comes to travel, employment, marriage, and so on.