US Passport Renewal + Dual Citizenship

October 25, 2020 8:48 AM

I am a US citizen living in the US. About 15 years ago, I completed the paperwork to be recognized as a citizen of Canada by right of birth (one of my parents is Canadian). I need to renew my US passport for the second time since then, and can't remember exactly how I handled the dual citizenship issue on the form, specifically the "Acts or Conditions" statement, the first time. I want to avoid committing perjury! I also want to renew my passport.

I have successfully renewed my US passport once since having Canada recognize my citizenship. Based on advice I collected from other contacts in this situation, I attached a written statement explaining the circumstances and reaffirming that I did not and do not intend to renounce my US citizenship. I have a copy of that affirmation and will submit it with my application for renewal, but I can't remember what (if anything) I lined through on the "Acts or Conditions" section on the top of page 4. I did not save a copy of the application, so I can't just check.

So there's two questions:
1) What (if anything) is the correct thing to strike out in the Acts or Conditions statement?
2) If I strike out a different part of the statement this time around than I did the last time I applied, but include the same documentation/affirmation statement, how likely is this to be a problem in practice? Ten years ago it felt academic, but in 2020, I worry that giving the US government an easy way to exercise their displeasure with me is maybe not ideal.

I realize you are not my lawyer and this is not legal advice -- do I need a lawyer?

posted by anonymous to Law & Government (6 answers total)

I don’t see why you would need to strike anything out. You didn’t swear an oath of fealty to Canada nor did you become a naturalized Canadian citizen.
posted by phoenixy at 9:17 AM on October 25, 2020

Agreed with phoenixy. You shouldn't strike any of it out as none of it applies to you. You didn't become a Canadian citizen 15 years ago, you simply got the paperwork to prove you've always been one. No action is needed.
posted by brainmouse at 9:19 AM on October 25, 2020 [1 favorite]

1) What (if anything) is the correct thing to strike out in the Acts or Conditions statement?

Honestly? I think you don't need to cross anything out. It's hard to see what in that statement at the top of page 4 of the DS-82 passport renewal form you'd even be able to cross out. Your entire life, born to an American and a Canadian, has been both American and Canadian, so there's no "since acquiring United States citizenship/nationality": you've always had it. You didn't immigrate to the US on a visa and then apply for citizenship. I also note that the statement says nothing about retaining a foreign citizenship. There are millions of US citizens in the US with multiple nationalities; there is no risk to your citizenship to having one, let alone a risk incurred by applying for a US passport.

I think the crossing-out bit really applies (for whatever reason) to people from country X who only become an American citizen later in life then become a citizen of country Y before filling in this form. Here's the statement in full; the bit I bolded seems to be the only bit that might be an issue, but it again relies on you becoming, rather than just being, a citizen of somewhere else.

ACTS OR CONDITIONS

I have not, since acquiring United States citizenship/nationality, been naturalized as a citizen of a foreign state; taken an oath or made an affirmation or other formal declaration of allegiance to a foreign state; entered or served in the armed forces of a foreign state; accepted or performed the duties of any office, post, or employment under the government of a foreign state or political subdivision thereof; made a formal renunciation of nationality either in the United States, or before a diplomatic or consular officer of the United States in a foreign state; or been convicted by a court or court martial of competent jurisdiction of committing any act of treason against, or attempting by force to overthrow, or bearing arms against the United States, or conspiring to overthrow, put down, or to destroy by force, the government of the United States.

Furthermore, I have not been convicted of a federal or state drug offense or convicted of a "sex tourism" crime, and I am not the subject of anoutstanding federal, state, or local warrant of arrest for a felony; a criminal court order forbidding my departure from the United States; or a subpoena received from the United States in a matter involving federal prosecution for, or grand jury investigation of, a felon.

2) If I strike out a different part of the statement this time around than I did the last time I applied, but include the same documentation/affirmation statement, how likely is this to be a problem in practice? Ten years ago it felt academic, but in 2020, I worry that giving the US government an easy way to exercise their displeasure with me is maybe not ideal.

I have no hard data (and I think anyone who doesn't work in the State Department won't either), but I think it's beyond remote that the issue will crop up at all, especially since you're going to enclose your current passport with your application, proving to them that you are already eligible under their own rules for one. Also, the oath at the end protects you: you're not knowingly and willfully keeping a secret from them.

I declare under penalty of perjury all of the following: 1) I am a citizen or non-citizen national of the United States and have not, since acquiring U.S. citizenship or nationality,performed any of the acts listed under "Acts or Conditions" on page four of the instructions of this application (unless explanatory statement is attached); 2) the statements madeon the application are true and correct; 3) I have not knowingly and willfully made false statements or included false documents in support of this application; 4) the photograph submitted with this application is a genuine, current photograph of me; and 5) I have read and understood the warning on page one of the instructions to the application form.

Overall: just fill in the form as normal. I'm also a dual citizen and had never even noticed that part of the form. Good luck.
posted by mdonley at 11:01 AM on October 25, 2020 [1 favorite]

Just as a data point, I am also a dual US/Canadian citizen, and I do not cross anything out nor attach any explanatory statements, as I (like you) acquired both my citizenships at birth. I second everything in mdonley's post.
posted by goodbyewaffles at 11:42 AM on October 25, 2020 [1 favorite]

Side note, I have a passport out for renewal and it seems to be taking the full 12 weeks listed on State Department site.
posted by bendybendy at 5:41 PM on October 25, 2020

I have multiple citizenships including USA and Canada. It is as mdonley states; no need to cross anything out.
posted by lemon_icing at 10:46 AM on October 27, 2020