i’m not sure wether this is the correct thread to ask this but i was wondering anyone here have dual USA / Canadian citizenship especially someone applied as a us permenant resident for canadian residency?
Re: us/ can dual citizens
Well as the concept of dual nationality goes like a person , citizen of wo countries at the same time and we all know that 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.
Lets take an example here, 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 of the 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.
As for Canada, you do have to apply for permanent residency first ...
which may take as much as two years to be processed (depending on the category you use) , and then another 3 years after that to apply for citizenship.
And currently taking 18 months to process ,so altogether you might be waiting for anywhere from 5 to 7 years to get a Canadian passport.
Re: us/ can dual citizens
Here is something more technical and clear as the law is relatively clear on that:
Sec. 349. [8 U.S.C. 1481]
(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality
(1) obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or...
Basically the US law does not allow dual citizenship if it is based on a voluntary act of an American citizen over 18 years of age. But then there is this curious half-sentence: "with the intention of relinquishing United States nationality" and that was the fodder for some interesting law suits, the latest important one being Vance v. Terrazas before the Supreme Court in 1980.
In 1990 then the State Department reversed its policy and from now on declared to "presume" that any American citizen obtaining naturalization in a foreign country also intends to keep his American citizenship unless his conduct is so clear that it would be unreasonable to assume that. That was the birth of official tolerance of dual citizenship.
Therefore you should not have problems obtaining your Canadian citizenship and keeping the American.
In case a foreigner wants to be naturalized and keep his former citizenship the law is not as clear. It says:
Sec. 337. [8 U.S.C. 1448]
(a) A person who has applied for naturalization shall, in order to be and before being admitted to citizenship, take in a public ceremony before the Attorney General or a court with jurisdiction under section 310(b) an oath
(1) to support the Constitution of the United States;
(2) to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen;