New Rules for Naturalized Mexican Citizens with US Passport Renewals

Nov. 29, 2016:

The US State Department issued new passport renewal application forms in July 2016,:  http://www.state.gov/documents/organization/212241.pdf

Unfortunately, the new~current State Department form includes an “Acts or Conditions” section that   causes problems & traps for American citizens who have become naturalized Mexican citizens.**

The US State Department is always on the lookout, trying to detect US citizens and US nationals who have committed  acts that can cost us our US citizenship & our US nationality.

Fortunately, we’ve sleuthed-out a set of procedures that successfully evade the current ‘ Catch 22’s ‘ – offering solutions that ironically are  NOT explained anywhere in published US rules, law, CFR, or US govt. websites.

… Hint:  These issues are likely to become even more important under Trump’s scrutiny of people with formal connections to Mexico …

First:   Note the OFFICIAL US State Department department policy on US nationals and US citizens who commit acts that are potential grounds for loss of ‘US Nationality’ … official provisions that are triggered when we apply to renew our US passport :

“When, as the result of an individual’s inquiry or an individual’s application for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. national has performed an act made potentially expatriating by INA Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4) as described above,

the consular officer will simply ask the applicant if he/she intended to relinquish U.S. nationality when performing the act.

If the answer is no, the consular officer will certify that it was not the person’s intent to relinquish U.S. nationality and, consequently, find that the person has retained U.S. nationality. ”

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality.html

======================================

That clause, by itself, appears innocuous,   right?

… Unfortunately, it does NOT end there….

**Next:  Read the new~current July 2016 version of the application to renew a US passport form

“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 an outstanding 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 felony.”

This LOOKS GRIM for naturalized Mexican citizens,  because
~ We have become Naturalized Citizens   (strike one)
~  We have taken oaths/affirmations of allegiance to a foreign state   (strike two)

BUT,   there is an ‘out’

” “(If any of the below-mentioned acts or conditions have been performed by or apply to the applicant, ~ the portion which applies should be lined out,~  and a supplementary explanatory statement under oath (or affirmation) by the applicant should be attached and made a part of this application.)” ”

*** So, WHEN AT THE CONSULATE,  we are supposed to line out the sections about

… 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; …

.
.
Next … NOTE THAT OUR US CONSULATE insists:
However, he should not do this until he is present at the Consulate for the interview and/or submission of the application.
.

So, NO lining out the problematic statements on the passport renewal application, until you are in front of a Consular agent.

==========================
*** Next Requirement…  As Naturalized citizens of Mexico, We are supposed to include  …  “a supplementary explanatory statement under oath (or affirmation) ” … attached to our renewal application.

According to the US Consulate in Merida, this attached document is just a simple letter that describes the following items:

~  Give your official Name as listed on your US passport.
~  List your current US passport number.
~ The approximate date that you naturalized as a Mexican citizen.

~  A statement:
…   ” I swear (affirm) that I did not intend to relinquish U.S. nationality when I became a naturalized Mexican citizen.”  

and
~  Applicant’s signature & Date

So…   These procedures successfully evade the ‘Catch 22’s – practical solutions that ironically are NOT explained anywhere in published US rules, law, CFR, or US govt. websites.

These procedures also very nicely fit official published US State Department policies … They fit the July 2016  US Passport Renewal Form  requirements … and they fit the US Merida Consuls specific advice on how to make the  US passport renewal process work for US Nationals & US Citizens who have also become naturalized Mexican citizens.

Clear as mud ??

Happy Trails

*     *     *     *
Feel free to copy while giving proper attribution: YucaLandia/Surviving Yucatan.
© Steven M. Fry

Read-on MacDuff . . .

 

 

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11 Responses to New Rules for Naturalized Mexican Citizens with US Passport Renewals

  1. wksite@mac.com says:

    Friggin crazy crazy….fyi Probably better for now that Steve does not have a mx psport.

    >

  2. Ah, qué bueno that I renewed my U.S. passport last spring, good for a decade, at which point I will be either (1) dead or (2) not caring if my U.S. passport is renewed or not. I will be 82.

    The U.S. government gets more impossible by the day. Good time to be a Mexican

  3. Eric Chaffee says:

    Hi Steve, Very helpful piece. I wonder if such technicalities could cost expats our social security benefits. (I’m contemplating an application for dual citizenship in the new year; but I don’t need to renew my passport until 2021.)

    Please update my email address to the one shown above. Thanks!

    ~eric.

  4. Steve C. says:

    I think this information is mistaken. The reason why you won’t find it in any U.S. government information circulars or manuals is because it is unnecesary!

    The only way one loses their U.S. citizenship is by AFFIRMATIVELY stating, in writing that YOU INTEND TO DO SO.

    There is no need to put in writing that YOU HAVE NO INTENTION of relinquishing your citizenship. This is scare-mongering at its worst. And as far as advice from an employee at the U.S. consulate in Merida: If they knew up from down, they wouldn’t be working for the U.S government!

    Finally, this sort of practice was made illegal in the business world years ago. Back then, companies would send you offers in the mail. If you didn’t reply in writing stating that you didn’t want that new television, or what have you, they’d promptly ship one out to you – which you’d be obligated to pay for!

    • yucalandia says:

      Hi Steve,
      Unfortunately, you are mistaken, on every single false claim you’ve written.

      Please read the official US govt. pdf file “Acts or Conditions” section of the application for renewing a US passport.

      The official forms specifically say that
      and
      … a supplementary explanatory statement under oath (or affirmation) by the applicant should be attached and made a part of this application.

      as written proof that we ~certify~affirm~swear that we

      did not intend “to relinquish U.S. nationality when performing the act.”

      The US Consulate confirmed (in writing) these specific things, including saying we must provide written certification document that “we do not intend to relinquish our US nationality” …

      Again, please read the official State Dept. web links … and if needed, I can forward you a copy of the US Consulate’s email describing these requirements.

      Happy Trails,
      steve

      • Steve C. says:

        The intention to relinquish MUST BE done affirmatively. It can’t occur INADVERTENTLY, which is what you are saying will occur. If one REFUSES to supply this “written certification document that ‘we do not intend to relinquish our US nationality’ …”, they CANNOT take away, and YOU WILL NOT, lose your citizenship!!! THAT IS THE LAW. I suggest you consult a lawyer knowledgeable about these matters before posting such things. Consulting with consulate employees for the answer is asking the blind to lead the blind.

      • yucalandia says:

        Hi Steve,
        Where did anyone write that you would lose your citizenship if you did not affirm/swear that you did not intend to relinquish citizenship?

        Please stop making things up.

        Reality 1:
        If you read the official US govt. references I asked you to read, you find that answering the question wrong (falsely) is a Federal felony.

        Reality 2:
        An additional consequence of not affirming/swearing that your “intent was to keep your US nationality”, then the US Govt. has the right to not issue you a new passport.

        Reality 3:
        Being stuck in a foreign country with no valid passport is a big problem.

        Finally, if you continue to write false things, make up things, and insulting things, our policy is to block people who cannot communicate appropriately.

        READ the US Govt. official links & official publications.

        EDUCATE yourself.

        Treat others with RESPECT.

        and
        Be happy,
        steve

  5. Cristina Potters says:

    Steve, I talked with an attorney this afternoon who works with many, many people here in Mexico–both in CDMX and in other states, helping them through both SRE citizenship process and US passport proceedings. He refutes everything you’ve written. I’m sure your intentions are good and your heart is in the right place, but someone somewhere is giving you bad information.

    • yucalandia says:

      Hi Christina,
      “He refutes everything” … says it all.

      Does your Mexican attorney refute the US Govt. websites?

      Does your Mexican attorney refute the quotes from the State Dept. rules?

      Does your Mexican attorney refute the quotes from the application form we must sign?

      Should we really follow the instructions of a Mexican attorney who refutes the official government publications?

      or
      Should we follow the direct written instructions of the State Department and the direct written instructions of the US Consular Agent who handles our passport renewals?

      Below follows the reply & written answers from the US Consulate to those exact direct questions I present.
      *********************************************
      “…
      Kolb, Derek R | Merida
      10:59 AM (19 hours ago)
      11/29/2016

      Good Morning Steven,

      Thank you for your question. You are correct that your friend will need to cross out the relevant sections of the oath before signing it. However, he should not do this until he is present at the Consulate for the interview and/or submission of the application.
      .
      Also, the signed supplamentle oath can be very simple, on a blank piece of paper that includes the statement ” I swear (affirm) that I did not intend to relinquish U.S. nationality when I became a naturalized Mexican citizen.”, and include the information that you listed below.

      And yes, it is helpful if he has the date (even approximate) that he naturalized as a Mexican citizen.

      ====================================
      ACTS OR CONDITIONS
      (If any of the below-mentioned acts or conditions have been performed by or apply to the applicant, the portion which applies should be lined out, and a supplementary explanatory statement under oath (or affirmation) by the applicant should be attached and made a part of this application.)
      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 an outstanding 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 felony
      ====================================


      I hope that helps,
      Best,
      Derek

      cid:image001.png@01D0BED5.A1BB69F0
      Derek R Kolb |American Citizen Services Chief
      Consulate General of the United States | Merida, Yucatan, Mexico
      United States Department of State
      Calle 60 #338K, por 29 y 31 | Colonia Alcala Martin | Merida | C.P. 97050
      (+52)-999-942-5700|KolbDR@state.gov

      *********************************************

      .
      Conclusion:
      I’m sure your Mexican attorney has his heart in the right place, but your report of his advice

      ~ contradicts official State Department publications,
      ~ contradicts the official published passport renewal application,
      and
      ~ contradicts the direct simple written instructions of a US Consulate.

      Really… If you understand him correctly …

      it may be time to get a new attorney,

      because bad, false, legally-incorrect advice can get us into big trouble.

      Happy Trails,
      steve

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  7. Ric Hoffman says:

    The latest DS-11 Passport Application form has updated instructions:

    ACTS OR CONDITIONS

    If any of the below-mentioned acts or conditions have been performed by or apply to the applicant, the portion which applies should be lined out,
    and a supplementary explanatory statement under oath (or affirmation) by the applicant should be attached and made a part of this application.

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