本文发表在 rolia.net 枫下论坛美国对双重国籍的认定
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html
The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.
A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth.U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.
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.
Information on losing foreign citizenship can be obtained from the foreign country's embassy and consulates in the United States. Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.
这是美国国务院对双重国籍的解释，简单翻译一下：
。。。自动获得外国国籍的美国公民不会失去美国国籍。然而，主动申请获得外国国籍的则可能失去美国国籍。若要失去美国国籍，法律要求此人必须是自愿、自由的申请外国国籍，并且有放弃美国国籍的意向。
该意向可由此人书面或行为来表明。美国政府承认双重国籍的存在但不在政策上予以鼓励，因为其可能引出一些问题。。。
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这里的关键是，你有没有放弃美国国籍的意向。书面的意向简单，而怎样界定你的行为有放弃美国国籍的意向，则比较灵活。
但不管怎样，与中国的‘一旦入外国籍，自动失去中国国籍’显然是不同的。
应该去掉这个‘一刀切’的‘自动失去’条款。更多精彩文章及讨论，请光临枫下论坛 rolia.net
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html
The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.
A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth.U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.
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.
Information on losing foreign citizenship can be obtained from the foreign country's embassy and consulates in the United States. Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.
这是美国国务院对双重国籍的解释，简单翻译一下：
。。。自动获得外国国籍的美国公民不会失去美国国籍。然而，主动申请获得外国国籍的则可能失去美国国籍。若要失去美国国籍，法律要求此人必须是自愿、自由的申请外国国籍，并且有放弃美国国籍的意向。
该意向可由此人书面或行为来表明。美国政府承认双重国籍的存在但不在政策上予以鼓励，因为其可能引出一些问题。。。
------------------
这里的关键是，你有没有放弃美国国籍的意向。书面的意向简单，而怎样界定你的行为有放弃美国国籍的意向，则比较灵活。
但不管怎样，与中国的‘一旦入外国籍，自动失去中国国籍’显然是不同的。
应该去掉这个‘一刀切’的‘自动失去’条款。更多精彩文章及讨论，请光临枫下论坛 rolia.net