Q. If I naturalize, will I lose my German citizenship? I have been living here legally now for 43 years. I want to naturalize but first I want to know how that will affect my German citizenship.
- Verena Phipps, New York
A. If you naturalize here, you will likely lose your German citizenship. Whether an individual naturalizing in the United States can be a dual citizen depends on the laws of the home country. When a foreigner naturalizes in the U.S., the naturalizing citizen takes an oath renouncing all foreign citizenships. Some countries choose to ignore this renunciation and consider the new U.S. citizen a citizen of both countries.
Many countries now allow for dual citizenship. Among of them are Antigua, Barbados, Bulgaria, France, the Dominican Republic, Mexico, Ecuador, El Salvador, Greece, Guatemala, Hungary, Jamaica, Ireland, Israel, Italy, Mexico, Peru, Poland, St. Kitts, Syria, Switzerland, Turkey, and the United Kingdom. The modern trend is to allow for dual citizenship. Germany, however, is not following this trend. Readers can find out whether their country allows for dual citizenship by calling their country’s consulate.
Born out of wedlock
Q. Is my boy, who was born abroad out of wedlock, a U.S. citizen? Three years ago, I became a U.S. citizen. I lived as a permanent resident in Puerto Rico until I was 14. Then I spent several years abroad with USCIS permission. Last year, I returned, traveled to a foreign country and fathered a child out of wedlock. Can I get a U.S. passport for my boy?
- E. Jorge, New York
A. Under current law, your child can claim U.S. citizenship if:
You were physically present in the U.S. (including associated states such a Puerto Rico) for five years prior to your son’s birth, two of which were after you turned 14;
The child was either born legitimate under the laws of our country, is legitimated or you acknowledge paternity in writing under oath or a court establishes paternity before he turns 18, and
The child was born illegitimate, you agree in writing to support your son until he turns 18. Once you can document that you have met these requirements, you can apply for a U.S. passport for your son at a U.S. consulate abroad.
These are the current rules for a child born abroad to one U.S. citizen parent and one foreign parent. The rules for getting citizenship at birth abroad have changed over the years. You can get more information about citizenship rules for children born abroad at the CUNY Citizenship Now! web site: www.cuny.edu/citizenshipnow. Click on “Get U.S. Citizenship,” then “Citizenship for Children.”
Can I pay taxes?
Q. I am here illegally. May I start paying taxes? Will I get in trouble with immigration if I do so? I came legally, but stayed longer than allowed. I am self-employed. If I want to pay taxes, how do I go about it?
- E.W. Sim, New York
A. You may report income and pay taxes despite being here unlawfully. If you do, I doubt that immigration will come after you. After all, the Internal Revenue Service wants you and others here illegally to report income.
I will be writing more about immigrants and taxes as the April 15, 2009, tax filing deadline for 2008 tax returns approaches. To get ready, put aside some of your earnings. Once you are ready to file your 2008 returns, include IRS form W-7, Application for IRS Individual Taxpayer Identification Number. The IRS will then issue you a number you can use for financial record keeping.
Allan Wernick is a lawyer and director of the City University of New York Citizenship and Immigration Project. He is the author of “U.S. Immigration and Citizenship - Your Complete Guide, Revised 4th Edition.” Send questions and comments to Allan Wernick, Daily News, 450 West 33rd Street, New York, N.Y. 10001. Professor Wernick’s web site is www.allanwernick.com.
Allan Wernick’s Immigration column is reprinted from the Thursday, December 18 edition of The New York Daily News.
