Chicago, IL asked in Immigration Law and International Law for Illinois

Q: How might US citizenship affect my Dutch and Canadian dual citizenship?

I'm a dual Dutch and Canadian citizen. Both citizenships are important to me, and I do not want to lose them. I'm considering acquiring US citizenship through my spouse, which, according to Dutch policy, should not jeopardize my Dutch citizenship as acquiring citizenship through marriage is an exception. However, I'm concerned about whether the American Oath of Allegiance could be interpreted as automatically renouncing my other citizenships. I know from a friend that they lost their Dutch citizenship upon acquiring US citizenship, but they did not acquire US through a spouse. Could you provide guidance on whether the Oath of Allegiance could affect my Dutch citizenship considering these circumstances?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your Dutch and Canadian citizenships should remain secure when acquiring US citizenship through your spouse. The key factors supporting this are:

The Dutch government specifically allows dual citizenship when you acquire a foreign nationality through marriage. This is one of three exceptions to their general rule about losing Dutch citizenship when acquiring another nationality. Your situation fits precisely within this exception, which is why your friend who didn't acquire US citizenship through marriage had a different outcome.

While the US Oath of Allegiance does contain strong language about renouncing "all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty," in practice, this doesn't require you to formally surrender your other citizenships. The current US State Department policy provides that you don't need to choose between citizenship in the US and your home countries, and US courts have upheld this approach.

From the US perspective, the oath is largely ceremonial rather than legally binding in terms of forcing you to actually surrender foreign citizenships. The State Department explicitly states that "US law does not mention dual nationality or require a person to choose one nationality or another."

You'll need to be mindful of your responsibilities to all three countries, including using appropriate passports when entering or leaving each country, and following their respective laws. Each country will view you primarily as their citizen when you're within their borders.

To fully protect your Dutch citizenship, ensure you're following their specific procedures for maintaining dual citizenship in your case. Consider contacting the Dutch embassy for confirmation that your circumstances qualify for the marriage exception, as immigration laws can have nuances that require official clarification.

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