Dual Citizenship for South Korea immigrant to USA
October 21, 2015 6:19 PM Subscribe
My wife has her green card. In the future she may consider becoming a US citizen. If anyone happens to know off hand if the immigration laws have changed to allow this? So far everything I have found online is cryptic. I'm not in a rush for an answer and may eventually see an immigration lawyer about it. Curious if anyone ran into this before.
What is your question? How long has she been an LPR? How did she obtain LPR status?
posted by Capri at 6:29 PM on October 21, 2015 [1 favorite]
posted by Capri at 6:29 PM on October 21, 2015 [1 favorite]
Best answer: The US pretty much allows dual citizenship. S. Korea does not apparently:
http://www.loc.gov/law/foreign-news/article/south-korea-permanent-dual-nationality-allowed-after-60-years/
Furthermore, the amended Act manifestly excludes from the possibility of holding dual citizenship children born during a “birth tour,” i.e., whereby an expectant mother travels overseas, typically to the United States, and returns to Korea right after giving a birth, thereby procuring for the child the tour destination country’s citizenship. Those children must choose one nationality before they reach 22 years of age, unless they are able to prove that the mother was not birth-touring. (Id.)
The Act remains unchanged in regard to persons who voluntarily become foreign nationals after attaining *majority; in such cases there is automatic deprivation of their Korean citizenship. (Id.)
*Majority presumably meaning 21 years old. (asterisk added)
posted by kinoeye at 6:51 PM on October 21, 2015 [1 favorite]
http://www.loc.gov/law/foreign-news/article/south-korea-permanent-dual-nationality-allowed-after-60-years/
Furthermore, the amended Act manifestly excludes from the possibility of holding dual citizenship children born during a “birth tour,” i.e., whereby an expectant mother travels overseas, typically to the United States, and returns to Korea right after giving a birth, thereby procuring for the child the tour destination country’s citizenship. Those children must choose one nationality before they reach 22 years of age, unless they are able to prove that the mother was not birth-touring. (Id.)
The Act remains unchanged in regard to persons who voluntarily become foreign nationals after attaining *majority; in such cases there is automatic deprivation of their Korean citizenship. (Id.)
*Majority presumably meaning 21 years old. (asterisk added)
posted by kinoeye at 6:51 PM on October 21, 2015 [1 favorite]
So far the countries don't share citizenship databases thus unless you tell them they don't know if you gained citizenship in another country. Keep passports current and use that countries papers when entering. If the passport is chipped keep it in a metal envelope.
The US has become very strict about the first two years of marriage to restrict immigration by week long marriages, if you've been married living at the same address for over two years there should be no problem at all. Keep track of any trips for the last 5 years because they just want to know but unless it's been to Syria for bad reasons it shouldn't be any problem.
The special case of a pregnant woman that goes on vaca and comes back with a baby seems to annoy some but there really is not much they can do about it.
posted by sammyo at 8:25 PM on October 21, 2015
The US has become very strict about the first two years of marriage to restrict immigration by week long marriages, if you've been married living at the same address for over two years there should be no problem at all. Keep track of any trips for the last 5 years because they just want to know but unless it's been to Syria for bad reasons it shouldn't be any problem.
The special case of a pregnant woman that goes on vaca and comes back with a baby seems to annoy some but there really is not much they can do about it.
posted by sammyo at 8:25 PM on October 21, 2015
Best answer: Unfortunately for your wife, kinoeye is right about South Korea not allowing dual citizenship. I know this having visited the consulate in Seattle to inquire about this very matter.
posted by loquat at 8:01 AM on October 22, 2015 [1 favorite]
posted by loquat at 8:01 AM on October 22, 2015 [1 favorite]
kinoeye's answers are the relevant ones here. The US oath of citizenship doesn't project any legal force beyond the US; whether another country considers it an affirmative renunciation is up to that country, and South Korea apparently does. The embassy will confirm that.
So far the countries don't share citizenship databases thus unless you tell them they don't know if you gained citizenship in another country.
I don't think that's the wisest advice: flight manifests may betray you, passport renewals may change to force you to disclose other citizenships or risk making a fraudulent application. If naturalization is treated as a renunciation, then you have to choose.
posted by holgate at 8:13 AM on October 22, 2015
So far the countries don't share citizenship databases thus unless you tell them they don't know if you gained citizenship in another country.
I don't think that's the wisest advice: flight manifests may betray you, passport renewals may change to force you to disclose other citizenships or risk making a fraudulent application. If naturalization is treated as a renunciation, then you have to choose.
posted by holgate at 8:13 AM on October 22, 2015
Response by poster: Oh well thanks all. Hopefully that changes in the future but i won't hold my breath. Coincidentally the best answer is left by someone with the same name as some dive bar in Busan.
posted by andendau at 2:16 PM on October 22, 2015
posted by andendau at 2:16 PM on October 22, 2015
Allowing dual citizenship has been a long and ongoing discussion here in Korea for a what seems like forever. They do not allow it mostly (common wisdom holds, at least) because it would introduce a loophole to avoid compulsory military service. Keep an eye on things, though... it always seems to be a year or two away, but will probably happen at some point.
posted by stavrosthewonderchicken at 6:28 PM on October 26, 2015
posted by stavrosthewonderchicken at 6:28 PM on October 26, 2015
Response by poster: Crossing my fingers for the future. would be nice to spend some extra time in Jeollanam-do.
posted by andendau at 10:07 PM on November 6, 2015
posted by andendau at 10:07 PM on November 6, 2015
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posted by KathrynT at 6:26 PM on October 21, 2015 [1 favorite]