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
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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.
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*** 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
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© Steven M. Fry
Read-on MacDuff . . .
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