Question:
? I heard that even with a green card, paperwork may still need to be
filed every couple of years or so. I don't relish giving up my UK
citizenship, but what's the deal with dual-citizenship? Also, why do noted
Englishmen (such as Anthony Hopkins) choose to relinquish their British
citizenship? Is there some kind of tax advantage? The only advantage I can
see by doing this, is to get the vote. Am I missing something? Basically,
what's the best and most-hassle free method, where I don't have to keep
filling in and renewing forms?
Answer:
I'm a H1-B holder but I'm a bit confused as to my options with regard
staying permanently. I've still 30 months before I need to renew my H1-B for
my second 3-year period, but I am getting married to a US citizen in June
2001. What's the best option, since I obviously now plan to remain in the
US? I heard that even with a green card, paperwork may still need to be
filed every couple of years or so. I don't relish giving up my UK
citizenship, but what's the deal with dual-citizenship? Also, why do noted
Englishmen (such as Anthony Hopkins) choose to relinquish their British
citizenship? Is there some kind of tax advantage? The only advantage I can
see by doing this, is to get the vote. Am I missing something? Basically,
what's the best and most-hassle free method, where I don't have to keep
filling in and renewing forms?
Here is the scoop:
- a Green Card holder has the right to reside in the US permanently
until the end of his life, or until he gives up his residency (for
instance, by leaving the US for a prolonged time, or by explicitly
returning his GC).
- a Green Card is good for 10 years. This only means the plastic card
is good for 10 years; your status remains valid. It's much like the
fact that your passport expires every couple of years - you still
remain a UK citizen even without a passport. This is likely the
paperwork you are referring two.
- GC holders who get a GC through marriage to a US citizen before the
second anniversary of the wedding will get a conditional Green Card.
The conditional GC carries the provision that after two years, you
must file a petition to remove the condition, normally together with
your spouse. This is a one-time requirement, you don't have to keep
refiling that. Except for that one provision, the conditional GCs have
the same requirements and rights as full GCs.
So the paperwork is: possibly after two years, you must file for
removal of the condition, plus every 10 years, you must file for
renewal of the GC.
The US allows dual citizenship; you can become a US citizen without
giving up your foreign citizenship. Many foreign countries have laws
that say you automatically lose their citizenship by virtue of
becoming a US citizen - but as far as I know, the UK allows dual
citizenship, too.
You will be eligible for US citizenship after being married and having
had your GC for three years.
I don't know their reasons, nor what country's citizenship they
accepted. Maybe their new country of choice insisted on relinquishing
British citizenship. Not knowing UK tax laws (hey, this is about US
immigration, right?), I can't tell you whether there may be tax
advantages.
There are a couple other important rights and duties of US citizens.
For instance, jury duty. You can work in military-security jobs.
The one where you file the least forms is likely not the most
hassle-free in your case. You have two options:
- least forms: file form I-130 and I-485 right after the marriage in
your local INS office. That will likely take more than two years, so
you will immediately get an unconditional Green Card and won't have to
reapply for removal of the condition after two years. Then apply for
citizenship three years later.
- least hassle: file form I-130 by itself in the INS service center.
It will be forwarded to the US consulate in London. You travel to
London and pick up an immigrant visa. You come back to the US with the
immigrant visa, picking up your GC at the airport. This procedure will
be so fast that you will likely get a conditional GC and have to apply
for removal of the condition. Then three years later apply for US
citizenship.
I have been following this newsgroup and you are
one of the most knowledgeable people, so I would
appreciate you advice regarding the following.
I am trying to find out if Romania alows dual-
citizenship. Do I need to file any other forms
besides the N400 form when filing for
citizenship, (I am wondering if there are
additional forms or a different procedure I
should follow for obtaining dual citizenship).
Also, I know that if married with a US citizen
one can file after 3 years from receiving GC. If
the person filling for the citizenship was out of
the country for a couple of weeks, does
that "count" as part of the 3 years or not?
I am basically trying to find out if lets say you
are elligible to file N400 on December 1st but
because you were out of US for lets say 21 days,
you can only file starting Dec 21st?
I'm not an expert on US immigration law (that is for the
professionals), and I do not know *anything* about Romania, so I can't
tell you. You'll need to ask at a Romanian consulate, or a Romanian
lawyer.
As far as the US is concerned, no. But of course Romania may require
it.
It counts as part of the three years, as long as the absence was short
(I believe the limit is six months, but it might be a year).
You'll have to ask Romanian consular officials, or a Romanian lawyer
with special expertise in that country's citizenship laws.
Specifically, what you want to know is whether or not Romania will
still consider you to be a citizen of Romania, even after you become
a US citizen.
As far as the US (INS) is concerned, there is no such thing as filing
for "dual" citizenship. Quite to the contrary, the US naturalization
procedure requires =all= would-be US citizens to agree to renounce
any and all prior allegiances. There are no exceptions; the INS has
no legal authority to consider any special circumstances; don't even
bother to ask them, because they will =always= tell you no.
HOWEVER . . . . The US State Department (a different agency, totally
separate from the INS, which runs US embassies and consulates, issues
US passports, and handles cases in which it is believed that someone
may have lost or given up their US citizenship) takes a more permissive
position.
Specifically, if a new US citizen's "old country" decides not to
recognize the renunciatory statement in the US naturalization oath
-- that is, if someone becomes a naturalized US citizen, and takes
the US oath with the renunciation, but their old country says that
the renunciation in the US oath has no legal force and the person's
old citizenship is still in effect -- the State Dept. doesn't care
or mind. (http://travel.state.gov/dualnationality.html)
While the INS will require you to take the US naturalization oath,
including the renunciatory statement contained therein, neither the
INS nor the State Dept. will require, expect, or even ask you to take
any additional steps at all to get rid of your old citizenship.
What this means is that if you want to go visit Romania after you're
a US citizen, and you ask a Romanian embassy or consulate for a visa
(in your new US passport) so you can visit Romania, and if they decide
to tell you that they won't give you a visa because you're still a
citizen of Romania, and that you need to use a Romanian passport to
enter/exit the country -- as far as the US is concerned, this is
OK, and the State Dept. will =not= come after you to revoke your US
citizenship on the grounds that you said (in the US naturalization
oath) that you were renouncing your previous allegiances.
Now, as a US citizen, the US will still require that you must have a
US passport with you when you leave the US, and when you come back
from your trip, you must tell the US immigration people that you are
a US citizen and show them your US passport. In other words, you
might have to bring two passports with you (US and Romanian) in order
to go there and back -- but that's OK as far as the US is concerned.
(If it's not OK with Romania, then you might have a problem, because
the US won't back down on this point, regardless of what any other
country's laws may say.)
In any case, though, what you need to do first is to find out what
Romanian law says about keeping Romanian citizenship after becoming
a naturalized citizen of the US.
Romania allows dual citizenship.
There is no requirement that I know of, stating that romanian citizens
must enter romania with a romanian passport. Actually they don't care.
The thing is, if you just have a foreign passport, you would have to
pay for the visa at the port of entry.
If you want to know more : http://www.roembus.org
