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Old 18.05.2008., 18:50   #6
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INA 8 USC § 1448(a)

Of particular relevance to the dual citizenship issue is that, as part of the oath, a new citizen must pledge "to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen."
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Citizenship by naturalization (INA § 337, 8 USC § 1448)
A description of the US naturalization oath is given in Section 337(a) of the INA [8 USC § 1448(a)]. Of particular relevance to the dual citizenship issue is that, as part of the oath, a new citizen must pledge "to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen."

In practice, it is unclear what if any true legal significance this statement has any more.The US does not require a new citizen to take any formal steps to renounce his old citizenship before officials of the "old country"; and when the other country continues to claim a naturalized US citizen as one of its own, current US policy recognizes that such a person may have to use a passport from the other country in order to visit there, and such an action does not put the person's US citizenship in jeopardy.

At one time, the US took the position that anyone who wished to renounce his prior citizenship in connection with US naturalization had an inherent, unquestionable right to do so. Well into the 19th century, many countries had no provisions at all for renouncing citizenship and did not even acknowledge that their citizens or subjects had any such right. This is, no doubt, why the renunciatory clause in the US naturalization oath is not linked to any additional requirement to give up one's old citizenship in accordance with another country's laws; as far as the US was concerned, the renunciatory statement in its own naturalization oath was sufficient, and all other countries had an obligation to respect it. In recent years, the State Department has apparently decided to take a more pragmatic and realistic stance on this issue.
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