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Questions Relating to Dual Citizenship by Meghan Jones





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Questions Relating to Dual Citizenship by
Article Posted: 06/20/2013
Article Views: 69
Articles Written: 575
Word Count: 699
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Questions Relating to Dual Citizenship


 
Law
A person who is the citizen of two countries simultaneously has dual citizenship. Such a person must abide by the laws of both countries and is subject to their policies on citizenship. Each country the person is a citizen of may enforce its laws as required. A U.S. citizen, by marriage to a foreign national, can acquire dual citizenship. A person who has acquired U.S. citizenship or has been naturalized may retain the citizenship of the country of birth. Most American citizens require a passport to leave and enter the U.S. This applies to those have dual citizenship also.

A person with dual citizenship is on parole / probation. Can this leave the country?
In such cases the person will need to serve the full probation or parole term. If the person was a U.S. citizen at when the crime was committed, he/she cannot renounce the U.S. citizenship in order to facilitate deportation as this could allow for avoiding or reducing the probation/parole period. If the person leaves the U.S. voluntarily without serving the full probation/parole period, a warrant will be issued for violation of the probation/parole terms. In such cases the U.S. authorities normally do not pursue the case and try to extradite the person back to the U.S., but it can happen. Violation of probation/parole is a crime and the person will be arrested on returning to the U.S. It may be possible for the person, after the sentence has been served, to request the court to terminate the probation/parole early but such cases are rarely approved.

What dual citizenship options are available to an unmarried U.S. citizen who is looking for employment?
Some countries allow U.S. citizens to migrate more easily than those of other countries. However, the person will be required to pay tax to the U.S. IRS based on the U.S. Global Tax System. This will be subject to applicable foreign exchange regulations. As such, a person moving to country with a low cost of living and earning an income that would not have substantial tax implications is possible. An example of this is Panama which offers U.S. citizens incentives to immigrate and retire in that country.

When a person with dual citizenship is travelling, which assort should be used?
Either passport can be used. The person has the same rights as other citizens of either country.

A person with dual citizenship (one of which is U.S.) is planning to marry a foreign national. Can the spouse immigrate to the U.S. even if the couple has no assets in the country?
A U.S. citizen can petition for citizenship for a spouse from another country. However, at the time of the interview, questions will be asked about how the couple will sustain and support themselves in the U.S. Proving that there are plans to lease a place to live and that a job offer exists are important. Without this, immigration may be difficult.

A person with dual U.S. and Canadian citizenship plans to marry a Canadian citizen. What residency options are open to them? Can the Canadian keep working while applying?
The options available include getting married in Canada after which the U.S. citizen can file Form I-130 on behalf of the spouse. The process should take about 6 months. Alternatively the U.S. citizen can apply for a K-1 visa for the fiancé using Form I-129F. Upon arriving in the U.S. the couple will need to marry within 90 days. After this the Green Card application can be made. Thirdly, if the Canadian wishes to relocate to the U.S. before the wedding, a K-3 visa can be applied for. In all these cases the Canadian can continue to work in Canada as the application for immigration does not affect the right to work in that country.

Dual citizenship offers many advantages in terms of travelling and choosing a place of residence. However, there are also the legal requirements of both countries to be considered. The best way to evaluate the benefits of dual citizenship and the legal implications is to ask an immigration lawyer for help, guidance and advice.

Related Articles - dual citizenship, how to get dual citizenship, what is dual citizenship, dual citizenship application, requirements for dual citizenship, define dual,

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