• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Citizen vs National ???

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

borreman

Member
What is the name of your state? Nevada

I have been a US resident for almost 2 years. I was planning on applying for the US citizenship at the 3 year mark. However, my country does not allow the double nationality.

I called my country's consulate and they told me that there was a difference between being a national (which I think I will never become in the USA) and being a citizen. Does that mean I can become a US citizen (and as such have a US passport) without losing my nationality to my original country? Their answer was unclear. Is there a difference in legal rights between being a national or a citizen?

Any advice appreciated.

Thank you.
 


FlyingRon

Senior Member
I don't know what your country is referring to. In the US, citizenship is a definite thing, conveyed either by birth or naturalization.

National and citizenship in the US are the same thing. The one thing you can't get is "naturally born" status. The only thing this really applies to in our constitution is being president. For instance, this is why the governor of California can never be president.

It's possible however, that your original country may still consider you a national (subject to their laws) despite any attempt to renounce or switch allegiances to the US.
 

evcalyptos

Senior Member
What is the name of your state? Nevada

I have been a US resident for almost 2 years. I was planning on applying for the US citizenship at the 3 year mark. However, my country does not allow the double nationality.

I called my country's consulate and they told me that there was a difference between being a national (which I think I will never become in the USA) and being a citizen. Does that mean I can become a US citizen (and as such have a US passport) without losing my nationality to my original country? Their answer was unclear. Is there a difference in legal rights between being a national or a citizen?

Any advice appreciated.

Thank you.

What is your original citizenship country?
 

borreman

Member
My original citizenship country is Belgium. I was certain that, despite the efforts of the EU to harmonize their laws on this, Belgium did not allow double citizenship. However, it came to my attention a few days ago, that an American athlete, also competing for the US national team, and living from his skills in Belgium for the past years is being granted the Belgian nationality... Does that mean I would have to become an American citizen, lose my Belgian citizenship under Belgian law, and then re-apply, as an American this time, to get the Belgian nationality back (providing that the USA allows double nationality status)?
 

evcalyptos

Senior Member
My original citizenship country is Belgium. I was certain that, despite the efforts of the EU to harmonize their laws on this, Belgium did not allow double citizenship. However, it came to my attention a few days ago, that an American athlete, also competing for the US national team, and living from his skills in Belgium for the past years is being granted the Belgian nationality... Does that mean I would have to become an American citizen, lose my Belgian citizenship under Belgian law, and then re-apply, as an American this time, to get the Belgian nationality back (providing that the USA allows double nationality status)?

I don't think it is even that complex; suggest you look into this further, and consider consulting with a Belgian immigration attorney who has worked with other US-Naturalizers. It appears to be entirely possible:

Official Gov't site:
http://www.diplomatie.be/en/services/nationalitydetail.asp?TEXTID=42527
10. How can I lose my Belgian nationality?

You can lose your Belgian nationality if:

- you are at least 18 years old and you have voluntarily obtained another nationality (as of 9 June 2007 : You will lose your Belgian nationality only in case the other nationality you voluntarily obtain is the nationality of one of the following countries : Austria, Denmark, France, Ireland, Italy, Luxemburg, the Netherlands, Norway, Spain, United Kingdom)

OR; (more)

(you can look for the US-based Belgian Consulate for similar info)
http://www.diplomatie.be/toronto/default.asp?ACT=5&content=32&id=34&mnu=34
Dual citizenship
Since the 9th of june 2007, Belgian nationals who acquire of their own free will the citizenship of a country non part of the Council of Europe Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality (May 6, 1963), keep their Belgian citizenship.

Belgian nationals who acquire of their own free will the citizenship of a country part of the aforesaid Convention, that is to say Austria, Denmark, Spain, France, Ireland, Italy, Luxemburg, Norway, The Netherlands and Great-Britain, still lose by right their Belgian citizenship.

http://en.wikipedia.org/wiki/Belgian_nationality_law

Loss of Belgian citizenship

You are at least 18 years old and you have voluntarily obtained another nationality (as of 9 June 2007 : You will lose your Belgian nationality only in case the other nationality you voluntarily obtain is the nationality of one of the following countries : Austria, Denmark, France, Ireland, Italy, Luxembourg, the Netherlands, Norway, Spain, United Kingdom)

It is also possible to lose Belgian citizenship in the following circumstances

Dual citizenship

There are some circumstances where it is possible to hold Belgian citizenship alongside another citizenship:

* As of June 9, 2007, a person acquiring another nationality will not lose Belgian nationality. The only exceptions to this rule are when the nationality acquired is that of one of the following nations: Austria, Denmark, France, Ireland, Italy, Luxembourg, the Netherlands

* "Belgian nationality? Official Belgium government website", AD, June 03, 2007
* (Dutch) "België voert dubbele nationaliteit in", AD, May 14, 2007
* Belgium Today, Vol. 12, Issue 1
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top