[netmon]

Does anyone know what we need to do to maintain dual citizenship for our children? I think I heard somewhere that we need to re apply for Guatemalan passport for them. Does anyone know how to do so or if there is a special time frame it needs to be done within?

[debhorner04]

I'm not sure where or when I heard it, but I remember something about every 5 years you had to do something to keep up the Guat. citizenship. Is there any real benefit to doing this?

[DPline]

If she doesn't see this, PM Devora. She has researched it and posted about it before, though I don't remember the details.

[Ana01]

Keeping dual citizenship requires that the Guatemalan passport be maintained current. So before it expires, renew it at your local consulate.

The question is the name on the Guatemlaan passport. In order for your child's US name to appear on the Guatemalan passport, you must submit a name change in Guatemala. People have done it, it's not impossible nor anything shockingly unusual.

Why would you want to keep dual citizenship? Well, it's your child's birthright. That should be reason enough. And it also offers your child the ability to keep his/her citizenship to his/her birthcountry should he/she want to keep it.

[MamaS]

Doesn't it also provide INS or Homeland Security the means to deport your child in the event that he ever breaks the law? I know that is not a concern right now, but I remember reading something about a 15-year-old who was arrested for joy-riding in a car and was sentenced to be deported to the Phillipines (where he had never ever been!) because his mother was Filipino and had registered him as a citizen - although he was born in US and father was a US born citizen. Things we do now can come back later to harm.
I listed El Salvador as my daughter's birthplace on the adopted BC because it was the truth and it has caused us a lot of trouble. If I had it to do again, I would have listed a US city.

[ej-momtobe]

Originally Posted by MamaS

Doesn't it also provide INS or Homeland Security the means to deport your child in the event that he ever breaks the law? .

No. Absolutely not. Your adopted child who gains US citizenship is in the eyes of the US fully a US Citizen. INS does not care that he/she has a relationship with another country. That does not lessen his/her standing as a US citizen.

[Pipercub]

That's correct. The US does not recognize (per se) dual citizenship. Technically you revoke your citizenship when you obtain US citizenship. But that doesn't preclude the other country from being able to say "We still recongnize your citizenship." You won't lose your US citizenship for having it elsewhere. The US just won't recognize it. You have to deliberate choose to denounce your US citizenship to lose it.

The way the US Dept of State puts it is "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 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. Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad."

US State Department Services Dual Nationality

[Jensboys]

I am in the opposite situation in that my husband and sons (adopted) are American citizens, and became Canadian citizens. It is exactly what the others have stated -- my sons are still considered American citizens by the USA, but are considered Canadian citizens by Canada. They all travel under a Canadian passport, but could apply for an American one at any time.

We chose to maintain the kids American citizenships for the reasons others have stated (heritage, employment or university opportunities) and would only consider rescinding it if there was a draft issue. When my husband contacted the American consolate asking about his citizenship after becoming a Canadian, they said that if he wanted to quit being an American he had to submit a notarized letter but other than that, he retained his citizenship automatically.

The (sad and awful) cases of adoptees being returned to their country of birth after criminal acts is because of paperwork errors or their parents not completing their citizenship processes. It has happened, sadly, in both Canada and the USA.

[Bucky]

The question I have is if the child holds dual citizenship with US and Guatemala... can they have military responsibilities in both countries if demanded. Does anyone know anything about this? We don't have the draft here in the US right now and we know that could change at some time...don't have a crystal ball but what about Guatemala and responsibilities there? Any thoughts or knowledge on this as I am truly ignorant about this and is a concern. I would like to maintain the dual citizenship until my kids can make their own decision but also don't want to prematurely put my child in any military obligation... Please shed light on this if you have it.

[Devora]

At this time in Guatemala there is no military obligation. If that changes in the future then the only way it could be enforced would be if your child returned to Guatemala. So any fears about "forced conscription" or "draft" are easily avoided by not traveling to Guatemala during any time when there is a draft in place or there is volatility that makes it risky.

Important clarification of a common misunderstanding: Our children are considered by Guatemala to be citizens for their entire lives, whether or not they have Guatemalan passports. The issue is that it is much easier to maintain a passport than it is to get a new one if you let it expire. If it expires and they want a new one as an adult then the consulate's office indicated to me that they would have to return to Guatemala and stay for a period (I didn't ask how long) to establish residency. But they are still Guatemalan citizens regardless of whether or not they have an active passport. (Just like there are millions of US citizens who never have a passport.) For children, their Guatemalan passports are good for 5 years (just like a US passport).