Legal Question in Immigration Law in Pennsylvania
Hello! I am unclear about my situation. Hopefully someone will help me.
I am currently a dual citizen: Ukrainian by birth, US through naturalization.
When I was naturalized in US, I wasn't required to surrender Ukrainian citizenship as US does not prohibit dual citizenship. My question is:
I just found out that I am eligible to become citizen of Moldova by recognition (through my father who was born and lived in Moldova). This is not naturalization, instead Moldova will grant me a citizenship because of my parent. Will I risk loosing my US citizenship, if I initiate this process? And what actions should I take to save US Citizenship.
I found the following info on Dept of State site:
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.
I am not sure: Am I granted foreign citizenship automatically? Because I still need to apply for it (although it is granted by recognition). How do I not show intention to give up US citizenship. I do not intend.
Thank you!
1 Answer from Attorneys
While it is true that U.S. recognizes dual citizenship, this approach is generally reserved for situations where an individual acquires this status involuntarily (i.e., by birth). I presume that you are an adult and your application for citizenship of another country (a third citizenship status in your case) is a clear, deliberate act. But, even if you would be able to establish your intention to remain an American, why would you even consider putting your U.S. citizenship at risk? Ultimately, the only sure way to avoid losing U.S. citizenship is not to seek citizenship of another country in the first place.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
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