My wife was born in the U.S. and lived here many years. Yet, in 1989 she resigned to her nationality...?

Question

She was misslead to resign and become a mexican citizen so she could run a bussiness there. They told her back then that that she wouldn't loose her US citizenship. Is she still american? Can she get a passport with her Social Security number?

Answer 1

The below is a question and answer from Rich Wales's FAQ on Citizenship.


18. I lost my US citizenship some years ago after I became a citizen of another country. I told the people at the US consulate that I intended to remain a dual citizen, but they wouldn't listen. I think I got a raw deal. Is there any way I can get my US citizenship back now?

Very possibly yes. The State Department info on dual citizenship cases says that the current guidelines for ascertaining intent to keep US citizenship are applicable retroactively to past cases, and it explicitly says that "persons who previously lost US citizenship may wish to have their cases reconsidered in light of this policy."

To initiate such reconsideration, these guidelines say that one should contact the nearest US embassy or consulate, or else write the State Department at the following address:

Director
Office of American Citizens Services (CA/OCS/ACS)
Room 4817 NS
Department of State
2201 C Street N.W.
Washington, DC 20520

If your situation is not straightforward, you may wish to consult a lawyer before doing this. But if the other country didn't require you to swear or sign away your US citizenship, and if you told the State Department you intended to keep it, and if they revoked your US status anyway, my impression is that all you need to do is write them and ask them to reconsider.

Given the lax attitude the State Department is taking nowadays toward renunciatory declarations in foreign naturalization oaths, you might even be in luck if you can convince them that you would rather not have made that declaration, but saw no way out of it because (1) you felt circumstances required you to get a foreign country's citizenship and (2) taking a renunciatory oath was the only way you could get it.

A similar line of argument might also work if you asked a US consulate if dual citizenship was possible, were told it was not, but decided to go ahead and become a citizen of some other country anyway because you felt you "needed" to. But in such cases, a consultation with a lawyer before approaching US officials would probably be a wise move. Make sure your case is stronger than that put forth unsuccessfully by William Richards (Richards v. Secretary of State et al.).

If you had previously appealed a loss of citizenship to the State Department's administrative review board, and lost your case there, it is my understanding that State will not restore your US citizenship simply upon request; their position in such cases is that the matter went out of their jurisdiction when it was appealed. In such a case, it would probably be advisable to see a lawyer.

I have personally exchanged e-mail with two people who successfully regained their US citizenship via this new procedure.

One (whose US citizenship had been revoked in the late 1970's after he had become a Canadian citizen) requested reinstatement in late 1992, and the State Department notified him that his US status had been restored in early 1994.

The other (also an American who had obtained Canadian citizenship) requested reinstatement in 1993 and got it back in a matter of weeks. This person had made a renunciatory statement as part of his Canadian naturalization (required by Canada in the early 1970's, but not now). One likely reason he was able to get his US citizenship reinstated was that he had previously told US consular officials that he did not want to give up his US citizenship but needed to become a Canadian citizen in order to work in his chosen profession.

On the other hand, I have corresponded with one person who was not able to regain her US citizenship in this manner. After she became a Canadian citizen in the 1970's, she signed a form at a US consulate stating that she had voluntarily relinquished her US citizenship. She claimed that a US consular official had pressured her to sign this declaration, telling her that she had no choice but to sign it -- but when she asked for her US citizenship back, she was told she could not have it because of the form she had signed. I do not know if this woman ever took her case to the courts or not.

Answer 2

No. She voluntarily abandoned her citizenship.

She can go to the US embassy in Mexico City and appeal to have her citizenship restored. It's not a sure thing. There will be an investigation and it will take time. It could take a long time. It will be expensive.

I would highly, very highly, recommend that you find a US attorney who is board certified to work with immigration and citizenship matters to assist you and guide you through the process.

Answer 3

Your wife may have dual citizenship. I've never heard of having to give up your citizenship in one country to run a business in another. Your wife may want to check with the US government regarding her status if she is not sure. Does she have any of her paperwork? She may need to get those papers together before talking to someone.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=54519c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD
Good luck.

Answer 4

When you officially resign American citizenship that is it! You are no longer an American.

Answer 5

Sorry she is a foreigner now, but she can do the same in reverse with all the rights and privileges she had before.

Answer 6

What difference does it make? We have open borders and millions who live here illegally anyway.

Answer 7

yes

Answer 8

Sorry

Answer 9

Probably not, but she doesn't need to pay taxes either...