Ruminations of an Expatriate

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Wednesday, January 9th, 2008...2:42 pm

Mexican Immigration and Dual Citizenship

It is time again for me to renew my FM 3 “rentista” visa, so today I walked the ten or twelve blocks to the office. Again it was a very pleasant experience. The staff there knows me by sight, greets me warmly, and is patient with my still often insufficient Spanish. This is the second renewal of my visa, in addition to an address change and a couple of visits to translate for friends. I will return in one week to pick up my renewed visa, which must renewed each year.

There was a moment of levity during my visit. My computer has an English keyboard so in my letter requesting renewal of my visa I had typed ‘ano’, not ‘año’ as is correct in Spanish. The fellow helping me, who has helped me a number of times previously and has been very kind, pointed out to me that ‘ano’ is Spanish for ‘anus’. Actually he referred to it as a part of the body; and, chuckling, added the tilde over the ‘n’ in my letter with his pen. I have since located a site on line where I can type words with special Spanish diacritical marks and paste them into a document.

Once an extranjero has resided legally in Mexico for five years he or she may apply for Mexican citizenship. It is, I understand, a rather pro forma process. One applies, pays the fee, citizenship is approved, and once a year the President of the republic conducts a mass swearing in in Mexico City.

For those interested, here is the Mexican Secretaria de Relaciones Exteriores web page which enumerates the requirements in English.

I have a number of times read or heard gringos assert that a USA citizen may not have dual nationality or that obtaining citizenship in another country will result in the loss of USA citizenship. Assertions that are absolutely false.

There is a USA State Department web page which discusses the matter. The information on the page indicates that “U.S. law does not mention dual nationality or require a person to choose one citizenship or another…” and that in order to lose one’s USA citizenship one must demonstrate “the intention to give up U.S. citizenship” (emphasis added).

“Intent can be shown by the person’s statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person’s allegiance.

“However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there. Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship. Most countries permit a person to renounce or otherwise lose citizenship.”

Another State Department web page addresses the renunciation of one’s USA citizenship, indicating in part:

B. ELEMENTS OF RENUNCIATION

A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship:

appear in person before a U.S. consular or diplomatic officer,
in a foreign country (normally at a U.S. Embassy or Consulate); and
sign an oath of renunciation

Renunciations that do not meet the conditions described above have no legal effect. Because of the provisions of section 349(a)(5), Americans cannot effectively renounce their citizenship by mail, through an agent, or while in the United States. In fact, U.S. courts have held certain attempts to renounce U.S. citizenship to be ineffective on a variety of grounds, as discussed below.

I expect, when able, to apply for Mexican citizenship and to obtain a Mexican passport.

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