My Gran doesn't want to be American

[DinoDoc]

As recognized by the US government?

[Whoha]

He couldn't be a US citizen if it wasn't.

[DanS]

IIRC, you have to choose a citizenship once you become an adult. I vaguely recall that there is at least one exception to this law -- you can be a dual-citizen of Israel and the US.

[Kontiki]

From Wiki:

Based on the U.S. Department of State regulation on dual citizenship (7 FAM 1162), the Supreme Court of the United States has stated that dual citizenship is a “status long recognized in the law” and that “a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both. The mere fact he asserts the rights of one citizenship does not without more mean that he renounces the other,” (Kawakita v. U.S., 343 U.S. 717) (1952).

The Immigration and Nationality Act (INA) neither defines dual citizenship nor takes a position for it or against it. There has been no prohibition against dual citizenship, but some provisions of the INA and earlier U.S. nationality laws were designed to reduce situations in which dual citizenship exists. Although naturalizing citizens are required to undertake an oath renouncing previous allegiances, the oath has never been enforced to require the actual termination of original citizenship.

Although the U.S. Government does not endorse dual citizenship as a matter of policy, it recognizes the existence of dual citizenship and completely tolerates the maintenance of multiple citizenship by U.S. citizens. In the past, claims of other countries on dual-national U.S. citizens sometimes placed them in situations where their obligations to one country were in conflict with the laws of the other. However, as fewer countries require military service and most base other obligations, such as the payment of taxes, on residence and not citizenship, these conflicts have become less frequent. As a result, there has been a dramatic increase in recent years in the number of Americans who maintain citizenship in other countries.

[Lancer]

Cancel the marriage because they can't get married without dear old Gran, then call the Enquirer or the Globe or the NY Times, any sleezy gossip rag will do...and tell them...

"the Bush government is forcing people to live in sin."

Then just wait a few days and she'll be able to come.

[Kontiki]

Or, more directly from the source:

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

The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth.U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

Intent can be shown by the person's statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance.

However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.Most countries permit a person to renounce or otherwise lose citizenship.

Information on losing foreign citizenship can be obtained from the foreign country's embassy and consulates in the United States. Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.

[Lancer]

I always thought that foriegners could have US citizenship and retain their own citizenship but if an American became a citizen of another country that person would lose US citizenship. Uncle Sam being a jealous pain in the posterior and all...

[Kontiki]

Originally posted by Lancer
I always thought that foriegners could have US citizenship and retain their own citizenship but if an American became a citizen of another country that person would lose US citizenship. Uncle Sam being a jealous pain in the posterior and all...

Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

[Lancer]

That means I'm wrong. If I apply for Philippine citizenship "voluntarily, by free choice, " but without "the intention to give up U.S. citizenship" I don't lose my US citizenship and I become a dual citizen.

[Lord Avalon]

So are they saying that she can't travel to the US under her UK passport, because she's a US citizen? And as such she can apply for a US passport for only $97, as long as she can follow all the instructions for a first time applicant (I'm assuming here).

Oh and BTW,

Important Security Announcement

Please do not bring mobile phones or any electronic devices, such as Blackberries, iPods, or PDAs as they are not allowed within the Embassy. We also strongly advise that you do not bring large bags, such as backpacks, suitcases or packages to the interview as there are no storage facilities on Embassy grounds. Click on the following PDF file for a list of Left Luggage storage facilities. Applicants who do not follow these instructions will experience considerable delays at the security check point which could result in the interview being cancelled.

http://london.usembassy.gov/cons_new/acs/index.html

[Kontiki]

Cheaper just to renounce US citizenship, I would think.

[Zkribbler]

I've been poking around on the www.uscis.gov website. Under Interpretation 350.1, it appears as if persons with dual citizenships, born before the adoption of § 402 of the Nationality Act of 1940, had neither the orbligation nor the right to choose between nationalities.

However, there's a later discussion of a dual national of the U.S. & U.K., who had been residing in Malta since 1921, who had used British passports, who had voted in Malta elections and who, in 1967, had renounced his U.S. citizenship at the American Embassy in Malta. Thus, he was found to be "expatriated" under former § 350.

Thus, when Kontiki recommends renouncing her U.S. citizenship, my read is that this is the best course to take.

Have her talk to an lawyer who knows this type of stuff.

[Shrapnel12]

I agree. It seems like it should be just as easy as her renouncing her US citizenship.

[TheStinger]

The problem my Gran has is that she has travelled to th e US before on her UK passport loads of times.

She has never considered herself american (It would appear america has other thoughts) and therefore has nothing to renounce.

Normally she is a rational intelligent person, this has just got her annoyed though.

She was even half thinking about seeing whether Immigartion would actuaky refuse her entry. ( we talked her out of that though)

BTW she really likes america and americans its the principle thats got her going

[Lord Avalon]

Dealing with bureaucracy (irl) will make any rational, intelligent person go crazy.