Dual Citizenship-can someone help?

Discussion in 'Miscellaneous (Czech-Related)' started by MichaelaZ, Jul 18, 2008.

  1. MichaelaZ

    MichaelaZ Member

    Hi. My name is Michaela. I am Czech. Last year I married an american citizen. We live in the US now but we are thinking about maybe moving to Prague eventually. My husband (American) would like to get a dual citizenship (American-Czech). I was wondering if someone has any experience with this and could give me some information about the process.
    I would also like to know how does a dual citizenship work for kids born in the US.

    Thank you,
  2. Petronela

    Petronela Well-Known Member

    I may be wrong here but as far as I know U.S. does not recognize dual-citizenship of any kind. C.R. does, or at least used to …. So anyways, not sure how that would work if one of the countries would recognize it and another one not.
    I’m definitely curious what answers you get from people who know how it actually works.
    As for kids born on U.S. soil, well they are automatically American citizens (if you want them to be that is).
  3. AxeZ

    AxeZ Active Member

    I believe he has to have residence in CZ for some time which shouldn't be the problem since he is family member of the Czech citizen.
    Don't know exactly how long, it used to be 8 years but I think they cut it down to 5 now.
  4. dzurisova

    dzurisova Well-Known Member

    He would have to relinquish his US citizenship to have Czech citizenship. The US will not recognize both.
  5. Sova

    Sova Well-Known Member

  6. Petronela

    Petronela Well-Known Member

    Great links Sova! Seems almost like catch-22, you can if you find a legal loop type of thingy. I know that when you are becoming U.S. citizen you have to relinquish your former citizenship, so maybe you can then turn around and get it back after you are sworn in as U.S. citizen and hope for the best? lol Seems way too much like playing Russian roulette… :twisted:
  7. dzurisova

    dzurisova Well-Known Member

    Which is why I said that the US doesn't recognize both. I didn't even think that perhaps its different when its the other way around. :)
  8. MichaelaZ

    MichaelaZ Member

    Thank you guys all for your replays. I'll definitely check the links Sova. Thank you so much.
    I'm planning on becoming an American Citizen so I'm wondering how it's going to be because Czech Republic allows a dual citizenship. But if the US don't then it's a strange situation.
  9. meluzina

    meluzina Well-Known Member

    before you applu for u.s. citizenship, take a look at the czech citizenship laws - from my understanding of them, if you voluntarily take another citizenship, you will lose czech citizenship (an exception is ifyou acquire another citienship solely on the basis of marriage - i don't think this is the case in the u.s., as you still have to be aresident for acertain period of time??? )

    as far as u.s. goes, it has no problems with dual citizenships - look at the numbers of irish who have gotten irish coitizenships based on their grandparents, i know of several latvians, and many czechs who fall into the right categories

    the czech republic is actually much stricter about it - the current law requires you to sumbit proof of relinquishing any other citizenship at the time you apply for naturalization

    note: a new version of the citizenship law for the cr is currently being prepared - a preliminary proposal passed and the miniter of the interior was assigned the task of actually drafting the law - his deadline is may 2009 i believe - i loooked at it a while back - if i recall properly, the rules on losing czech citizenship will be relaxed - the proposal would also change some of the current provisions, which are discriminatory agaisnt certain age groups as far as acquiring czech citizenship based on parentage is concerned

    btw - if a child is born who has at least one parent who is a czech citizen, czech citizenship is automatic no matter where the child is born - the child just needs to be registered with the czech authorities (czech embassy has the info)
  10. dzurisova

    dzurisova Well-Known Member

    Perhaps if you are already a US citizen and then want to become a citizen of another country, the US has no problem with it - that I don't know. However, what I do know is to become a US citizen, you must relinquish citizenship to your former country. I have friends and family (by marriage) that had to do just this when they became US citizens.
  11. MichaelaZ

    MichaelaZ Member

    So does that mean if I become a US citizen before I have kids they wont get a Czech citizenship since I lose mine?
    Meluzina can you give me the link or web side where I could read what the czech law is?

    Thanks a lot guys for your help?
  12. meluzina

    meluzina Well-Known Member

    but did they have to do this because of the u.s. ??? or because of the other side ????

    unless the u.s. has changed in the past two years, i have never known anyone who has to submit a document to the u.s. proving they have relinquished citizenship - the czech reqpublic requires that at the moment...
  13. meluzina

    meluzina Well-Known Member

    if you lose czech citizenship, then they will not have the right to czech citizenship -

    this is what the legislation says: ČÁST DRUHÁ
    Pozbývání státního občanství

    § 13

    Státní občanství České republiky se pozbývá
    a) propuštěním ze státního svazku České republiky (§ 14 a 15),
    b) prohlášením (§ 16),
    c) nabytím cizího státního občanství (§ 17) s výjimkou případů, kdy k nabytí cizího státního občanství dojde v souvislosti s uzavřením manželství nebo narozením dítěte.

    here is the full text of it : http://www.pravnik.cz/uplna-zneni/uz-83.html

    again, i'm not sure how they interpret obtaining another citizenship through marriage or the birth of a child - in my opinion, the u.s. doesn't grant citixenship based on marriage alone - there are other criteria you have to fulfill....

    this is the most updated one i could find - like i said, they are working on a rewrite - in this case, patience really might be a virtue :D
  14. Petronela

    Petronela Well-Known Member

    The Oath goes like this:

    “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the Armed Forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God.”

    So it kind of confuses me as to how anyone could still claim being a citizen of their previous country after making this oath and why their previous country would still have them. :p
  15. meluzina

    meluzina Well-Known Member

    are allegiance and fidelity linked to citizenship??? how many u.s. citizens don't currently feel much fidelity towards the supreme commander of the u.s.? how many would lay their lives down for him??? ;) :D

    actually even the u.s. itself accepts the fact that that oath does not mean renouncing citizenship:

    "Based on the U.S. Department of State regulation on dual citizenship (7 FAM 1162), the Supreme Court of the United States has stated that dual citizenship is a “status long recognized in the law” and that “a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both. The mere fact he asserts the rights of one citizenship does not without more mean that he renounces the other,” (Kawakita v. U.S., 343 U.S. 717) (1952). In Schneider v. Rusk 377 U.S. 163 (1964), the US Supreme Court ruled that a naturalized US citizen has the right to return to their native country and resume their former citizenship and also remain a US citizen, even if they never return to the United States."
  16. dzurisova

    dzurisova Well-Known Member

    Ok, so you both have documentation for each arguement so I'm throwing up my hands, shrugging my shoulders and pulling out of the debate. :) I only know what the Czech/Americans in my life told me. :? :)

    As far as laying down your life for the president vs. the country - those are two different things. One doesn't pledge allegiance to the president, but the country. Many still loved America, even when that horrid adulterant liberal Clinton was in power. :) And yes, loved it enough to fight for it, lay down their life for it - regardless of the Commander and Chief. :)
  17. Petronela

    Petronela Well-Known Member

  18. meluzina

    meluzina Well-Known Member

    1) i've added smileys to my post - as those first questions i posed i didn't mean all that seriously - just forgot to add the smileys to the text

    2) aboslutely agree that contacting a u.s. immigration attorney will clarify the u.s. side of things, however, i think it is just as important to talk to the authorities from the other side - in this case, the czech rep. -

    as i have seen it, the czech rep is much stricter on this - most likely the czech embassy in the u.s. would have more info - another possibility is to take a look at the czech ministry of interior website and address a question to them...

    actuallz - i just did the latter - found a bit more for michaela and it seems they have already modified the bit about obtaining another citizenship even on the basis of a request as long as that second citizenship is the citizenship of the spouse...

    here is the link: http://www.mvcr.cz/clanek/pozbyvani-sta ... bliky.aspx
  19. wer

    wer Well-Known Member

    This is a question for Dana and Jeff, isn't? They could be familiar with it.

    Maybe you don't distinguish properly the Czech citizenship from Czechoslovak citizenship (resp citizenships).
  20. Sova

    Sova Well-Known Member

    This is why immigration lawyers get paid so much. Seriously, though, it may not hurt to have a short consultation with an immigration lawyer, prior to submitting any application paperwork--just to be safe.

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