Ok Does This Finally Explain It

[thailand_tom]

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html Dual Nationality

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.

[DirectorIntegrityLegal]

That pretty well sums it up. If anyone is interested, there are also Supreme Court cases that deal with Dual Nationality that can be found here:

http://www.richw.org/dualcit/cases.html

US Department of State is usually the information source to listen to, but they are not always correct in their interpretation of one's right to citizenship. The Supreme Court is the forum of last resort with regard to questions of Federal Law (like citizenship issues).

Ben Hart

US Immigration Attorney

Managing Director

Integrity Legal

[thailand_tom]

That pretty well sums it up. If anyone is interested, there are also Supreme Court cases that deal with Dual Nationality that can be found here:

http://www.richw.org/dualcit/cases.html

US Department of State is usually the information source to listen to, but they are not always correct in their interpretation of one's right to citizenship. The Supreme Court is the forum of last resort with regard to questions of Federal Law (like citizenship issues).

Ben Hart

US Immigration Attorney

Managing Director

Integrity Legal

ben, what i was getting at was, my wife is leaving tuesday or wendsday for thailand on a one way ticket, for maybe 1 year she will leave usa on american passport, and enter thailand with her thai passport, since both countries agree on dual citizens, there should be no problem, going or coming back, just reverse it. is this correct, thanks

[DirectorIntegrityLegal]

It should not be a problem leaving the US on her US Passport and entering Thailand on her Thai Passport.

The US Passport states:

The Secretary of State of the United States of America hereby requests all whom it may concern to permit the citizen/national of the United States named herein to pass without delay or hindrance and in case of need to give all lawful aid and protection.

The Thai Passport states:

The Minister of Foreign Affairs of Thailand hereby requests all whom it may concern to permit the citizen/national of Kingdom of Thailand named herein to pass freely without delay or hindrance and to give all lawful aid and protection. This passport is valid for all countries and area.

I would say the worst case scenario is that they may ask to see the other passport since the entry and exit stamps won't add up on either of the passports singularly, but it should not be a problem it will just take an extra second to pull it out and give it to the officer reviewing the documents. Technically speaking, from a legal standpoint they cannot do this if one is a lawful citizen (hence the term "without hindrance"), but I wouldn't get too argumentative about this fine point of law with the Immigration authorities.

Have a good trip between the US and Thailand!

Ben Hart

US Immigration Attorney

Managing Director

Integrity Legal

[thaihome]

I don’t think immigration at either end will question the issue of exit or entry stamps (besides, the US does not have an exit stamp). Her issue will be with airline check-in personnel.

TH

[thailand_tom]

It should not be a problem leaving the US on her US Passport and entering Thailand on her Thai Passport.

The US Passport states:

The Secretary of State of the United States of America hereby requests all whom it may concern to permit the citizen/national of the United States named herein to pass without delay or hindrance and in case of need to give all lawful aid and protection.

The Thai Passport states:

The Minister of Foreign Affairs of Thailand hereby requests all whom it may concern to permit the citizen/national of Kingdom of Thailand named herein to pass freely without delay or hindrance and to give all lawful aid and protection. This passport is valid for all countries and area.

I would say the worst case scenario is that they may ask to see the other passport since the entry and exit stamps won't add up on either of the passports singularly, but it should not be a problem it will just take an extra second to pull it out and give it to the officer reviewing the documents. Technically speaking, from a legal standpoint they cannot do this if one is a lawful citizen (hence the term "without hindrance"), but I wouldn't get too argumentative about this fine point of law with the Immigration authorities.

Have a good trip between the US and Thailand!

Ben Hart

US Immigration Attorney

Managing Director

Integrity Legal

thanks ben, i did not think there would be a problem. .everyone does this, and not just between usa and thailand.

[thailand_tom]

It should not be a problem leaving the US on her US Passport and entering Thailand on her Thai Passport.

The US Passport states:

The Secretary of State of the United States of America hereby requests all whom it may concern to permit the citizen/national of the United States named herein to pass without delay or hindrance and in case of need to give all lawful aid and protection.

The Thai Passport states:

The Minister of Foreign Affairs of Thailand hereby requests all whom it may concern to permit the citizen/national of Kingdom of Thailand named herein to pass freely without delay or hindrance and to give all lawful aid and protection. This passport is valid for all countries and area.

I would say the worst case scenario is that they may ask to see the other passport since the entry and exit stamps won't add up on either of the passports singularly, but it should not be a problem it will just take an extra second to pull it out and give it to the officer reviewing the documents. Technically speaking, from a legal standpoint they cannot do this if one is a lawful citizen (hence the term "without hindrance"), but I wouldn't get too argumentative about this fine point of law with the Immigration authorities.

Have a good trip between the US and Thailand!

Ben Hart

US Immigration Attorney

Managing Director

Integrity Legal

ben, why would the thai embassy tell me that my wife would need a visa to go to and stay in thailand, i see were it say's if visiting family and are staying over 30 days, but she still holds her thai passport and isn't she still a thai national..also.. thanks

[Mario2008]

There is no issue here. Both immigration and airlines deal with dual nationality on a daily base. Just enter and leave the country on the passport of that country and at check-in show both passports so the airline can see that your wife doesn't need a visa. As a national she doesn't need a visa to enter her own country.

[slapout]

Agree with mario. Our children have been traveling between US and Thailand on US and Thai passports over the past 15 years with no problem. As has been mentioned, show the passport to airline to where you are traveling and to immigration, the passport of country you are exiting.

[DirectorIntegrityLegal]

Thailand Tom,

Not knowing more facts, I have no idea why they would say this. She is still a Thai national and if her passport is valid she should be allowed free entry. The best guess off the top of my head is that the Thai official who told her this didn't know what they were talking about. Some Thais believe that one can only have one nationality (an example of this is the fact that you turn in your old passport when taking Thai nationality, this doesn't mean you're renouncing citizenship in your home country, unless the laws of that country say so, but the Thais seem to think it does). I would say, without knowing all of the facts, that whomever she talked to was misinformed.

Ben Hart

US Immigration Attorney

Managing Director

Integrity Legal