My_question_is: Applicable to both US and Canada
Subject: dual citizenship - is it worth it?
Expert: taxman at centa.com
Date: Friday October 21, 2005
Time: 11:16 AM -0700
QUESTION:
I am 27 years old, and from most of my research, I have found that I am
entitled to US citizenship by naturalization. My father was an american
citizen, I was born in Canada. I was unaware of the possibility of dual
citizenship until after he died. I do not have dual citizenship as I still
need to prove that I am entitled to it. I have an American boyfriend and we
of course are dealing the many difficulties associated with this. I am
considering applying for my American citizenship in order for us to be
together ( without having to get married, as we are not ready for that)....
but I am concerned that in the long run getting my US citizenship may be
extremely expensive? (tax wise) I do not make a lot of money. I do not want
to give up my Canadian citizenship as my family is here. Do you think this
is a good idea for us?
Sincerely
Kxxxxxx
===================================
david ingram replies:
For most people, dual citizenship is a nuisance because an American citizen
living in Canada (or any other country) has to keep on filing a US tax
return for as long as they are a US citizen. AND, if they give up their US
citizenship to stop having to file the tax returns, they are no longer
allowed into the US for anything but their own funeral.
For others, Dual citizenship is a major part of their success. The ability
to work back and forth between Canada and the US is a right that is worth
extra pay, extra benefits and extra promotions to those who take advantage
of it.
For instance, Truck drivers who can work on both sides of the border are a
major asset to a Canadian Trucking company with trucks crossing the border
because they can pickup and drop off multiple loads within the US while a
Canadian Citizen driver can only drop off one load and pick up one load
inside the US.
Defence contractor people who can call on both sides of the border and make
demonstrations and take orders and take cash are another one of fifty or
sixty jobs where the ability to work on both sides of the border is a
tremendous advantage.
When you acquire US citizenship, you do NOT lose your Canadian Citizenship.
You should go to www.centa.com and click on the Oct 1993 newsletter - Top
left hand box - click on Newsletters, click on 1993, click on October for my
dissertation on dual citizenship.
The following chart will help. There was no question, only your reference
in the subject line and I have changed that slightly.
david ingram
www.centa.com
NATURALIZATION CHART
For determining whether LEGITIMATE CHILDREN BORN OUTSIDE The U.S.
acquired U.S. citizenship at birth.
PERIOD | PARENTS | RESIDENCE REQUIRED OF:
| PARENT or | CHILD
STEP 1 |STEP 2 |STEP 3 |
STEP 4
Select | Select | Measure citizen parent's residence |
Determine whether child
period in | applicable | against the requirements for the |
has since lost U.S.
which | parentage | period in which child was born. |
citizenship. (The child
child was | | (The child acquired U.S. citizen- |
lost on the date it became
born. | | ship at birth if, at time of the |
impossible to meet the
| | child's birth, citizen parent had |
necessary requirements,
| | met applicable residence |
never before age 26.)
| | requirements.) |
Prior to | one parent | Citizen parent had resided in the |
None.
05/24/34 | US citizen | U.S. (Originally only fathers could |
| | transmit: mothers added Oct.94) |
(see note (5))
On/after | Both are | One had resided in the U.S. |
None.
05/24/34 | citizens | |
& prior to | One citizen | Citizen had resided in the U.S. | 5
year's residence in the
01/13/41 | one alien | |
U.S. or its outlying
| parent. | |
possessions between ages of
On or after | One citizen | Citizen had resided in U.S. or its | 13
and 21. OR. 2 years'
01/13/41 | one alien | outlying possessions 10 years, at |
continuous presence in
and prior | parent. | least 5 of which were after age |
U.S. between ages 14 and
to | | 16, or if citizen parent served |
28. (NONE, if at time
12/24/52 | | honorably in U.S. Armed Forces: | of
child's birth, citizen
| |(1) between 12/07/41 and 12/31/46 |
parent was employed
| |(5 of the required years may | by
a specified U.S.
| | have been after age 12); or note (2) |
organization. This
| | between 12/31/46 and 12/24/52, |
exemption is not applicable
| | parent needed 10 years physical | if
parent transmitted
| | presence, at least 5 of which |
under *(1) or *(2) opposite.)
| | were after age 14. |
Notes (1). (2). and (4).
| Both are | One had resided in the U.S. or its |
None.
| US citizens | outlying possessions. |
On/after | Both are | One had resided in the U.S. or its |
None.
12/24/52 | citizen | outlying possessions note (3). |
& prior to | One citizen |Citizen has been physically present in|
None.
11/14/86 | one alien | US or outlying possessions 10 years, |
| parent. |at least 5 which are after age 14 n(3)|
On/after | Both are | One had resided in the U.S. or its |
None.
11/14/86 | citizen | outlying possessions |
| One citizen | Citizen was physically present in |
None.
| one alien | US or outlying possessions 5 years,at|
| parent. |least 2 which are after age 14 note(3)|
1. Absence of less than 60 days in the aggregate (total) will not break
continuity of physical presence for this purpose. Honorable service in US
armed forces counts as residence or physical presence.
2. No specific period of residence is required if alien parent naturalized
before child reaches 18 years and child begins to reside permanently in U.S.
prior to 18th birthday.
3. Physical presence abroad of dependent unmarried son or daughter as member
of household of a person serving honorably in U.S. Armed Forces or employed
by U.S. government or international organization may be counted as physical
presence.
4. The retention requirement was repealed by Act of 10/10/78. Persons who
had on
10/10/78 failed to retain are relieved from having to do so. Those who have
previously lost citizenship by a failure to satisfy retention requirements
of the Acts of 1934, 1940, and 1952 may NOT be reinstated.
5. Until Oct 20, 94, only father could transmit. Changed with President
Clinton signing the Technical Corrections Bill giving citizenship to
children of US citizen mothers.
(Aug 16, 2003 recreated from official US documentation for the CEN-TA-PEDE.
newsletter of the CEN-TA GROUP,
4466 Prospect Road, North Vancouver, BC, CANADA V7N 3L7 www.centa.com PH
(604) 980-0321 taxman at centa.com).
=========================
Answers to this and other similar questions can be obtained free on Air
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David Ingram's US/Canada Services
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Home office at:
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North Vancouver, BC, CANADA, V7N 3L7
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