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Opinion

The advantages and disadvantages of being a dual citizen (Part 2)

IMMIGRATION CORNER - Michael J. Gurfinkel -

In a previous article, I discussed some of the advantages and disadvantages of Filipinos applying for US citizenship and dual citizenship. Here are more factors and issues:

Even if a person becomes a US citizen, it is possible that he or she could lose US citizenship because of certain actions or conduct including:

• Taking a “policy level” position in a foreign government. For example, if a US citizen runs for the Senate or Congress of the Philippines, that is considered a “policy-level” position, and could result in the loss of US citizenship. Such a person may be required to take an “oath of allegiance” to the Philippines (which is natural to do), and may be required, as a condition of holding such public office, to renounce any other citizenship.

• Joining the military of a foreign country and serving as an officer in the armed forces of that foreign country. Therefore, a US citizen should not become a general, captain, etc. in the Philippine or any other foreign armed forces.

• While voting in a foreign election at one time resulted in the loss of US citizenship, the US Supreme Court held that such a rule was unconstitutional. However, the issue of voting in foreign elections is still subject to debate, and in many cases is determined by the intent of the US citizen (i.e. did they perform certain specified acts “voluntarily and with the intention to relinquish U.S. citizenship”.)

In addition, according to the website of the Consulate General of the Philippines, the Philippines also recognizes dual citizenship. According to Republic Act No. 9225, also known as the Citizenship Retention and Re-Acquisition Act of 2003, an individual who was a natural born Filipino citizen, but lost his/her Philippine citizenship due to naturalization as a citizen of a foreign country (such as the US), may now apply for the Administration of Oath of Allegiance to the Republic of the Philippines. Among the “privileges and entitlements” that a person gains from reacquiring Filipino citizenship, is the right “to acquire and own private lands with no size limitations, as well as condominium units”.

I know that many Filipinos were holding off on becoming US citizens because they owned or wanted to own property in the Philippines. It would appear that under the Citizenship Retention and Re-Acquisition Act of 2003, dual citizens would be able to own land in the Philippines.

I truly believe that America is the land of opportunity, and that U.S. citizenship is the crown jewel of the “American Dream”. Therefore, I would strongly encourage anyone who is lawfully entitled to U.S. citizenship to pursue that dream.

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WEBSITE: www.gurfinkel.com

 Four offices to serve you:  PHILIPPINES: 894-0258 or 894-0239; LOS ANGELES; SAN FRANCISCO;NEW YORK : TOLL FREE NUMBER: 1-866-GURFINKEL (1-866-487-3465)

ADMINISTRATION OF OATH OF ALLEGIANCE

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CITIZENSHIP RETENTION AND RE-ACQUISITION ACT

CONGRESS OF THE PHILIPPINES

CONSULATE GENERAL OF THE PHILIPPINES

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