View Full Version : [Merged] I want to have dual citzenship (US and Canada), how do I proceed?
Azxster
Nov 9th, 2007, 10:06 PM
My father is a US citizen and my mother is a Canadian citizen. I was born in Toronto. I currently hold my Canadian birth certificate and would like to US citizenship. How do I proceed?
My father resided in the US for 6 years (he was older than 14) and I was born in 87.
I found this website:
http://www.grasmick.com/citizen.htm#CITIZENSHIP%20FROM
Only 1 USC parent physically present in U.S. 5 yrs, at least 2 yrs. after parent's age 14
Do I qualify for US Citizenship? There is no concerns with Dual Citizenship since both countries allow it.
Azxster
Nov 9th, 2007, 10:36 PM
I am not sure where to post this thread...
I did some research and on public websites it appears that I meet the criteria since I was born in 1987 and my father, a US citizen, resided in the US for at least 5 years, prior to my birth. But when I go on the government websites, it says that I cannot apply since I am over 18.
What Are the Requirements of the Child Citizenship Act of 2000?
The child must meet the following requirements:
* Have at least one American citizen parent by birth or naturalization;
* Be under 18 years of age;
* Live in the legal and physical custody of the American citizen parent; and
* Be admitted as an immigrant for lawful permanent residence.
What Is the Effective Date of the Child Citizenship Act?
The effective date of the Child Citizenship Act is February 27, 2001. Children who met these requirements on that date automatically became American citizens. Children who were 18 years of age or older on that date did not acquire American citizenship from the Child Citizenship Act of 2000.
I met those requirements before that date since I was 18 on February 27, 2001. I am 20 now, and it is 2007.
What Are the Other Provisions of the Child Citizenship Act?
Another section of the Child Citizenship Act provides that children (biological or adopted) of American citizens who are born and reside abroad, and who do not become American citizens at birth can apply to the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) for a certificate of citizenship if the following conditions are met.
* At least one parent of the child is an American citizen by birth or naturalization.
* The American citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child''s American citizen parent cannot meet the physical presence requirement, it is enough if one of the child''s American citizen grandparents can meet it.
* The child is under the age of eighteen.
* The child lives abroad in the legal and physical custody of the American citizen parent and has been lawfully admitted into the United States as a nonimmigrant.
Children who acquire citizenship under this new provision do not acquire citizenship automatically. They must apply to the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (USCIS) and go through the naturalization process.
I am lost
http://travel.state.gov/family/adoption/info/info_457.html
Spray
Nov 9th, 2007, 10:42 PM
I got mine the week before I turned 18. I do believe it's possible to get it after you're 18, but you have to do a ton more legwork, and explain why it wasn't possible for you to get it earlier.
Good luck!
najibs
Nov 9th, 2007, 10:56 PM
WHy on earth would you want to become an American, given the choice? :lol:
Spray
Nov 9th, 2007, 10:58 PM
Because we don't have to wait an hour in the customs line when flying out of Toronto? :D
WHy on earth would you want to become an American, given the choice? :lol:
Azxster
Nov 9th, 2007, 11:02 PM
Because I want to work in the US if the opportunity arises.
gman
Nov 9th, 2007, 11:10 PM
I met those requirements before that date since I was 18 on February 27, 2001. I am 20 now, and it is 2007.
Sorry but I just can't resist. It is a really long 2 years you had. ;)
Rehan
Nov 9th, 2007, 11:10 PM
US Oath of Citizenship:
I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God. In acknowledgement whereof I have hereunto affixed my signature.
Spray
Nov 9th, 2007, 11:12 PM
Guess I'm lucky, I never had to recite an oath :P
US Oath of Citizenship:
najibs
Nov 9th, 2007, 11:28 PM
US Oath of Citizenship:
Yeah, no thanks. I'll stick to standing by the red and white flag.
rangermcfadden
Nov 9th, 2007, 11:30 PM
You are a U.S. citizen and have been since birth.
If you wish, apply for a U.S. passport at the U.S. consulate in Toronto. (http://www.amcits.com/usa_citizenship_claim.asp)
Note the rights accorded to you through your U.S. citizenship:
- Right to enter and stay as long as you please
- Easier to possess firearms in the U.S.
- Right to vote (might be a residency requirement)
- Right to serve as a juror (residency requirement)
- Optional U.S. government intervention on your behalf outside of the U.S. and Canada.
and the obligations:
- Trading with the Enemy Act prohibits your spending money on travel to Cuba
- U.S. Income tax is assessed based on citizenship, not residency like everywhere else.
- Selective Service (http://www.sss.gov/) registration required for men.
- U.S. law prohibits extraterritorial sex with children (shouldn't be doing this one anyway)
- Required to enter U.S. using a U.S. passport.
- No diplomatic intervention on your behalf from Canadian government while in U.S.
Spray
Nov 9th, 2007, 11:33 PM
By the way, I think the American pledge is better than:
"I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfill my duties as a Canadian citizen"
almostfreeman
Nov 9th, 2007, 11:33 PM
I'm sure they would be happy to have another new citizen to report for military service.:razz:
go leafs
Nov 9th, 2007, 11:40 PM
http://www.amcits.com/usa_citizenship_claim.asp
cwb27
Nov 10th, 2007, 12:02 AM
Don't double post, it pisses people off.
CheapScotsman
Nov 10th, 2007, 12:40 AM
Here are some the duties, obligations and benefits of being a US citizen
you are allowed to vote
you can hold office (must be US born to be president)
you can basically live anywhere in the US for any duration
you can basically work for any employer in the US
you are afforded protection under the US constitution.
you get to file income tax returns for life regardless of where you live (no concept of tax residency like Canada)
If you are over 18 and under 26, you must register for the draft
If you are under 45 you could be drafted
the government can restrict (via legal penalties) your ability to go into any named country
Azxster
Nov 10th, 2007, 01:13 AM
Thanks for the link, looks like I will be applying to become a US citizen.
Can you explain these:
# you are afforded protection under the US constitution.
# you get to file income tax returns for life regardless of where you live (no concept of tax residency like Canada)
# If you are over 18 and under 26, you must register for the draft
asdfvcx
Nov 10th, 2007, 01:47 AM
# you are afforded protection under the US constitution.
Umm... the US constitution offers certain protection to all it's citizens. (Free speech, the right to bear arms, etc.) If you become an American citizen you'll have those protections.
# you get to file income tax returns for life regardless of where you live (no concept of tax residency like Canada)
US citizens have to file a US tax return every year, even if they aren't living in the US. If you live and work in a country that has a tax treaty with the US (such as Canada), you probably won't owe the US government any money. But if you are living in a country without a tax treaty or the treaties change, you may end up owing income tax to both the US government and the country you are living in.
# If you are over 18 and under 26, you must register for the draft
All American men (I think it's just men) need to register for the draft when they turn 18. This just lets the government know that you turned 18, so if there is a draft (mandatory military service) they know you exist and can draft you.
The last time there was a draft was during the Vietnam war. There is occasionally talk of a draft for the current war, almost most people believe that it is extremely unlikely.
najibs
Nov 10th, 2007, 08:22 AM
Thanks for the link, looks like I will be applying to become a US citizen.
Can you explain these:
# you are afforded protection under the US constitution.
# you get to file income tax returns for life regardless of where you live (no concept of tax residency like Canada)
# If you are over 18 and under 26, you must register for the draft
It means if Bush wants to spend more billions of taxpayer dollars on Iraq, or invade a new Country, and there aren't enough soldiers, then he'll volunteer you to go, and you can't say no...
:-0
Lovely...That's what they call 'freedom' :lol:
sterdeus
Nov 10th, 2007, 09:08 AM
Gotta love this part..
US Oath of Citizenship: "..I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by law;"
AmberMoon
Nov 10th, 2007, 09:42 AM
US consulate will have all the paperwork for you. Its not dificult and welcome to dual citizenship it has its perks
http://canada.usembassy.gov/
http://www.amcits.com/birth_abroad.asp
app - http://www.amcits.com/DS-2029.pdf
http://travel.state.gov/family/family_issues/birth/birth_593.html
Spray
Nov 10th, 2007, 10:07 AM
Because Canada has never had a draft right? :P
I could say no if I was drafted, not like Canada will force me to go to the USA to report. I'll just lose my citizenship.
It means if Bush wants to spend more billions of taxpayer dollars on Iraq, or invade a new Country, and there aren't enough soldiers, then he'll volunteer you to go, and you can't say no...
:-0
Lovely...That's what they call 'freedom' :lol:
sterdeus
Nov 10th, 2007, 10:12 AM
Because Canada has never had a draft right? :P
I could say no if I was drafted, not like Canada will force me to go to the USA to report. I'll just lose my citizenship.
I figure you should go if they draft you. Why bother signing the Oath if you're not going to follow it. But then again, affirming to the Queen is archaic.
Ben Jr
Nov 10th, 2007, 11:26 AM
Guess I'm lucky, I never had to recite an oath :P
hmm...a fellow dual'er huh. You must have had to pledge allegiance during your oath ceremony, I even had to sit and watch a video with John Denver music as a backdrop.
And how about that test, geeesh I think it was one of the easiest 10 questions I've been given.
hagbard
Nov 10th, 2007, 11:41 AM
If you qualify for US citizenship I guess I would as well. Let me know how it goes. :lol:
kuqdew
Nov 10th, 2007, 11:46 AM
If you qualify for US citizenship I guess I would as well. Let me know how it goes. :lol:
same here
JL2002
Nov 10th, 2007, 07:50 PM
marry an American....!
GangStarr
Nov 10th, 2007, 08:10 PM
unless you plan on moving to the states I really don't see any + sides to being a dual american / canadian citizen.
najibs
Nov 10th, 2007, 08:27 PM
I figure you should go if they draft you. Why bother signing the Oath if you're not going to follow it. But then again, affirming to the Queen is archaic.
I'd rather affirm & sign an oath to an 80-something year old woman that drinks tea all day, than sign an oath to a moron that all he can think about is invading other countries and spending taxpayers dollars on war.
tataynik
Nov 10th, 2007, 08:41 PM
US Oath of Citizenship:
Somehow I missed "president" & "bush" in that oath!!!!
batman321123
Nov 11th, 2007, 01:17 AM
By the way, I think the American pledge is better than:
"I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfill my duties as a Canadian citizen"
I'd rather sign an oath pretending to give a damn about the old lady rather than promise to go fight Dubya's war.
Ebola
Nov 11th, 2007, 02:39 AM
unless you plan on moving to the states I really don't see any + sides to being a dual american / canadian citizen.
One possible reason is people like to play one side off against the other.
Simple example, I get people coming up to my booth all the time, who show the Canadian passport. Now, they haven't lived in Canada for 50 years, but they still show the Canuck passport in the hope that it will make entering easier. They show the US one going into the US. It's quite the trick, because as a citizen you have to be let into your country.. (the democratic ones anyway).
asdfvcx
Nov 11th, 2007, 11:29 AM
Simple example, I get people coming up to my booth all the time, who show the Canadian passport. Now, they haven't lived in Canada for 50 years, but they still show the Canuck passport in the hope that it will make entering easier. They show the US one going into the US. It's quite the trick, because as a citizen you have to be let into your country.. (the democratic ones anyway).
How is this a trick?
If I'm a dual Canadian/US citizen and I'm entering Canada, shouldn't the border guard be most interested in whether or not I'm a Canadian citizen, and any other citizenships be secondary? And isn't the easiest way to show this to produce a Canadian passport?
Do you really want people passing you a US passport and then telling you, BTW I'm Canadian?
aquariaguy
Nov 11th, 2007, 01:49 PM
Because I want to work in the US if the opportunity arises.
If that's the case, it's easy. If you get a job in the US, they just have to do some paperwork for you, and you're good to go. I'm in the US for grad. school and if I find a position within a year (i have 1 yr in the US after I graduate) than I will get a green card and than stay here for a while.
Or as someone mentioned, marry an American!
asdfvcx
Nov 11th, 2007, 02:21 PM
If that's the case, it's easy. If you get a job in the US, they just have to do some paperwork for you, and you're good to go.
No, it isn't always that easy. For certain job fields, with certain education requirements, then yes, getting a NAFTA visa is pretty easy.
For other job fields that aren't covered by NAFTA, then it can become much more difficult, it not impossible. In this case, dual citizenship would be beneficial.
dealguy2
Nov 11th, 2007, 04:38 PM
Canadian citizenship means nothing just ask the thousands of Lebanese who used their citizenship as a free ticket out of harm's way and then returned to their true homeland once it was safe to do so. Here's Canada's oath :
"I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfill my duties as a Canadian citizen. "
What a wimpy oath compared to the US one. Being Canadian carries almost no responsibilities. This country is all about what can my country to for me? Rather than what can I do for my country.
neilson
Nov 11th, 2007, 09:29 PM
Get your Quebec citizenship 1st, then we'll talk.
hagbard
Nov 11th, 2007, 10:22 PM
Somehow I missed "president" & "bush" in that oath!!!!
Funny. And Bush missed "uphold the Constitution" in his.
hagbard
Nov 11th, 2007, 10:26 PM
"I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfill my duties as a Canadian citizen. "
I won't be able to become a Canadian with that oath.
What a wimpy oath compared to the US one. Being Canadian carries almost no responsibilities. This country is all about what can my country to for me?
Sounds good to me.
Rather than what can I do for my country.
Yuk. Anyway, you've got it all wrong and backwards. Though I can see how you would, most Americans don't know their constitutional roots either.
hoob
Nov 11th, 2007, 11:52 PM
hmm...a fellow dual'er huh. You must have had to pledge allegiance during your oath ceremony, I even had to sit and watch a video with John Denver music as a backdrop.
And how about that test, geeesh I think it was one of the easiest 10 questions I've been given.
I never had to do any of that stuff. Just fill in the paperwork, pay the fee, and pick up my passport a few weeks later (and SSN card I think.) The process at the consulate is to get all the valid documentation, not to actually get the citizenship -- in many cases you are already a citizen, since birth.
hoob
Nov 11th, 2007, 11:56 PM
Simple example, I get people coming up to my booth all the time, who show the Canadian passport. Now, they haven't lived in Canada for 50 years, but they still show the Canuck passport in the hope that it will make entering easier. They show the US one going into the US. It's quite the trick, because as a citizen you have to be let into your country.. (the democratic ones anyway).
It's a legal requirement that, if you are a US citizen (resident or non-resident), that you declare and present yourself as a US citizen with your US passport or equivalent citizenship credentials, when entering the US. The agent may prompt you for and examine additional documentation if needed.
I don't know for sure if there's an analogous requirement for entering Canada, but I suspect it is.
cwb27
Nov 12th, 2007, 12:03 AM
It's a legal requirement that, if you are a US citizen (resident or non-resident), that you declare and present yourself as a US citizen with your US passport or equivalent citizenship credentials, when entering the US. The agent may prompt you for and examine additional documentation if needed.
I don't know for sure if there's an analogous requirement for entering Canada, but I suspect it is.
The US are ridiculous when it comes to their Citizenship stuff... No idea if they still have it, but there was a part in the Oath of Citizenship where you stated that you 'renounced all other Citizenships'. It's pretty much BS, everywhere else in the world you're still a dual/triple citizen.
I've personally dealt with a few travellers who were born in Canada, got US Citizenship and thought they were no longer Canadian Citizens.
When coming into Canada, a Citizen isn't REQUIRED to pop out the Canadian Proof of Citizenship, but it definitely speeds things up for the traveller.
gman
Nov 12th, 2007, 12:15 AM
The US are ridiculous when it comes to their Citizenship stuff... No idea if they still have it, but there was a part in the Oath of Citizenship where you stated that you 'renounced all other Citizenships'. It's pretty much BS, everywhere else in the world you're still a dual/triple citizen.
I've personally dealt with a few travellers who were born in Canada, got US Citizenship and thought they were no longer Canadian Citizens.
When coming into Canada, a Citizen isn't REQUIRED to pop out the Canadian Proof of Citizenship, but it definitely speeds things up for the traveller.
US oath of citizenship.
hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God. In acknowledgement whereof I have hereunto affixed my signature.
They did renounce it under oath. It is more than just renounce your previous citizenship. You are not a foreign subject anymore. ;)
neilson
Nov 12th, 2007, 12:29 AM
US oath of citizenship.
They did renounce it under oath. It is more than just renounce your previous citizenship. You are not a foreign subject anymore. ;)
AKA You're one of us now!:lol:
Ben Jr
Nov 12th, 2007, 12:33 AM
I never had to do any of that stuff. Just fill in the paperwork, pay the fee, and pick up my passport a few weeks later (and SSN card I think.) The process at the consulate is to get all the valid documentation, not to actually get the citizenship -- in many cases you are already a citizen, since birth.
ahh ok...most of you guys are natural born citizens? Ya that process is just filling out some paperwork et all. I married my way into the fraternity.
Topher
Nov 12th, 2007, 12:10 PM
unless you plan on moving to the states I really don't see any + sides to being a dual american / canadian citizen.
Makes travelling to or through the US much easier. Allows you to live/work in the US, then retire back to Canada where you actually have healthcare. There are probably plenty of other reasons too.
To the OP - contact the US embassy or consulate nearest you. There will probably be more red tape, but you are legally entitled to US citizenship from the day you were born. You just haven't claimed it yet. They will help walk you through all of the steps.
You should not have to take the oath of citizenship. You are not being naturalized, you are entitled to citizenship through your father. If you take the oath, you will be renouncing your Canadian citizenship. Fortunately, it doesn't go the other way. I was able to obtain my Canadian citizenship without having to renounce my US citizenship. Makes crossing the border much easier, and I can't be denied entry for any reason.
td0t0
Nov 12th, 2007, 04:20 PM
i wish one of my parents were american...
my mom had a similar problem
her dad was english but he died before she was born and because of that they wouldn't give her dual citizenship
Spray
Nov 12th, 2007, 04:36 PM
What? What are you talking about?
Video? Test?
I went to the consulate with my dad, we gave them our form and we left...
I sent in my passport picture and a month later got my passport and social security card.
No oath, no video, no test :S
hmm...a fellow dual'er huh. You must have had to pledge allegiance during your oath ceremony, I even had to sit and watch a video with John Denver music as a backdrop.
And how about that test, geeesh I think it was one of the easiest 10 questions I've been given.
Topher
Nov 12th, 2007, 07:27 PM
hmm...a fellow dual'er huh. You must have had to pledge allegiance during your oath ceremony, I even had to sit and watch a video with John Denver music as a backdrop.
And how about that test, geeesh I think it was one of the easiest 10 questions I've been given.
Try the Canadian citizenship test. 20 questions. Took me all of 5 minutes because I checked over my answer three times, as I wanted a perfect score.
Ben Jr
Nov 14th, 2007, 07:12 PM
What? What are you talking about?
Video? Test?
I went to the consulate with my dad, we gave them our form and we left...
I sent in my passport picture and a month later got my passport and social security card.
No oath, no video, no test :S
I misunderstood..I thought you became naturalized like I did, but you've already got that American blood in ya.
However, my process was fast tracked..green card in January, citizenship mid-July, about 9 months start to finish.
Try the Canadian citizenship test. 20 questions. Took me all of 5 minutes because I checked over my answer three times, as I wanted a perfect score.
20 questions? geeez, they really grilled ya eh? The American test had 10 easy questions and it took a little over a minute to answer while my interviewer was inputing data into the computer.
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