# inmigrado vs. Nacionalizado



## Willright (Mar 29, 2012)

My Wife and I have lived in Mexico for 13 years we have inmigrado status but we were recently advised by our local lawyer that it would be better to become nationalized (which would be essentially becoming Mexican) My question is what are the ramification as a US Citizen? Does this put my Citizenship in jeopardy? Can someone direct me to on the legal references about this issue.


----------



## joaquinx (Jul 3, 2010)

Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. See Advice about Possible Loss of U.S. Citizenship and Dual Nationality


----------



## sparks (Jun 17, 2007)

The important part



> As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship.


----------



## La Osita (Oct 31, 2010)

That's really interesting. I had no idea. My daughter (US Citizen) has dual citizenship with Australia. I am assuming here that her voluntary action would be included under Section 349. I wonder how often and for what extenuating reason the United States would revoke a US Citizen's status as such? I thought that dual citizenship was an acceptable legal status. Hmm.

Although it specifically reads... voluntarily *and* with the intention of relinquishing U.S. citizenship. Would the act of acquiring Mexican Nationalization or Australian Citizenship for that matter necessarily determine an intent to relinquish U.S. citizenship?


----------



## RVGRINGO (May 16, 2007)

itnavell said:


> .............Would the act of acquiring Mexican Nationalization or Australian Citizenship for that matter necessarily determine an intent to relinquish U.S. citizenship?


Absolutely not; it isn't a problem at all. When in the USA, a dual citizen is a US citizen with a US passport. While in Mexico, a Mexican citizen with a Mexican passport.
One would have to actually make a concerted, official effort, before US officials, in order to renounce US citizenship. It won't be taken from you.


----------



## mickisue1 (Mar 10, 2012)

itnavell said:


> That's really interesting. I had no idea. My daughter (US Citizen) has dual citizenship with Australia. I am assuming here that her voluntary action would be included under Section 349. I wonder how often and for what extenuating reason the United States would revoke a US Citizen's status as such? I thought that dual citizenship was an acceptable legal status. Hmm.
> 
> Although it specifically reads... voluntarily *and* with the intention of relinquishing U.S. citizenship. Would the act of acquiring Mexican Nationalization or Australian Citizenship for that matter necessarily determine an intent to relinquish U.S. citizenship?


That is the pertinent piece of the law: WITH THE INTENTION.

I could, because my dad was born in England, become a citizen of the UK. It would give me much greater ease in traveling around the EU, as well. But the only things that might cause me to lose my US citizenship would be such things as choosing to vote in elections in my second country.


----------



## Isla Verde (Oct 19, 2011)

mickisue1 said:


> That is the pertinent piece of the law: WITH THE INTENTION.
> 
> I could, because my dad was born in England, become a citizen of the UK. It would give me much greater ease in traveling around the EU, as well. But the only things that might cause me to lose my US citizenship would be such things as choosing to vote in elections in my second country.


Not really. I have an American friend who's lived in Mexico for over 35 years and a few years ago became a Mexican citizen. He votes in Mexican elections and has a Mexican passport while retaining his US citizenship and passport.


----------



## La Osita (Oct 31, 2010)

I wonder if Section 349 has the greater purpose of allowing the United States as it deems fit to revoke a US Citizenship for what they might consider subversive or anti-American behaviors.


----------



## Isla Verde (Oct 19, 2011)

itnavell said:


> I wonder if Section 349 has the greater purpose of allowing the United States as it deems fit to revoke a US Citizenship for what they might consider subversive or anti-American behaviors.


That makes sense. In my friend's case, voting in Mexican elections is not seen as a dangerous activity.


----------



## joaquinx (Jul 3, 2010)

itnavell said:


> I wonder if Section 349 has the greater purpose of allowing the United States as it deems fit to revoke a US Citizenship for what they might consider subversive or anti-American behaviors.


You'd have to ask Anwar al-Awlaki. Oops, he's dead.


----------

