Dual Citizenship for adult (with Taiwan mother)


#1

I have a question about dual citizenship and hope someone can answer it. First, I was born in Taipei, Taiwan, my mother is a native Taiwanese, and my father served in the ARMY, and was stationed in Taiwan where he met my mother. A couple of months after I was born (or weeks) I, along with my mother were brought to the states. She and I became US citizens. I want to know if Taiwan allows dual citizenship because I think I fit the mold? Also, how long will the process take? I need to know because I am a professional basketball player in Taiwan but my team would like me to play as a local player. Only two americans can be in the game at one time, but if I am a local, there could be an extra american, thus my team has an advantage. I can also have opportunities in China because they consider Taiwan players as locals? I hope someone can help, so far I have been unsuccessful.


#2

Hello,

Actually there is an entire section on this web site which provides in-depth detail regarding dual citizenship. It answers all the questions that you’ve posted and can be found here…
http://www.oriented.org/legal/ID-0.shtml

Hope this helps.


#3

Hello! I hope I can help you answer your question. Originally, Taiwanese citizenship could only be obtained through the father. Therefore, if your father was not Taiwanese, you were NOT eligible for citizenship. Thanks to years and years of dedicated lobbying by the NNFS, that law changed in February of this year. Now, you can obtain citizenship through either your mother or your father. I’m not exactly sure how long the process will take, but I believe it would only take a month (or less). You’ll more than likely be required to provide a lot of paperwork proving your relationship to your mother. If your mother has her original household registration (hukuo), that will be helpful to your case. You’ll also need your birth certificate, and a couple of photos. Give the foreign affairs office in Taipei a call. If they can’t answer your questions, then contact a TECO (Taiwan Economic and Cultural Office) in the U.S… Check to see which one has jurisdiction over the state you have residence in. Good-luck!


#4

Thanks,

I will try my luck with this.


#5

Found some helpful info for U.S. citizens seeking dual national status. FYI.

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 btained 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.

ADVICE ABOUT POSSIBLE LOSS OF U.S. CITIZENSHIP AND DUAL NATIONALITY

The Department of State is responsible for determining the citizenship status of a person located outside the United States or in connection with the application for a U.S. passport while in the United States.

POTENTIALLY EXPATRIATING STATUTES Section 349 of the Immigration and Nationality Act, as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain acts voluntarily and with the intention to relinquish U.S. citizenship.

Briefly stated, these acts include:
(1) obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
(2) taking an oath, affirmation or other formal declaration to a foreign state
or its political subdivisions (Sec. 349 (a) (2) INA);
(3) entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
(4) accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) a declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
(5) formally renouncing U.S. citizenship before a U.S. consular officer outside
the United States (sec. 349 (a) (5) INA);
(6) formally renouncing U.S. citizenship within the U.S. (but only “in time of
war”) (Sec. 349 (a) (6) INA);
(7) conviction for an act of treason (Sec. 349 (a) (7) INA).

ADMINISTRATIVE STANDARD OF EVIDENCE

As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to routine declarations of allegiance to a foreign state, or accept non-policy level employment with a foreign government.

DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS APPLICABLE

In light of the administrative premise discussed above, a person who:
(1) is naturalized in a foreign country;
(2) takes a routine oath of allegiance or
(3) accepts non-policy level employment with a foreign government and in so doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of
his or her intent to retain U.S. citizenship since such an intent will be presumed. When, as the result of an individual’s inquiry or an individual’s application
for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. citizen has performed an act made potentially expatriating by Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4), the consular officer will simply ask the applicant if there was intent to relinquish U.S. citizenship when performing the act. If the answer is no, the consular officer will certify that it was not the person’s intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship.

PERSONS WHO WISH TO RELINQUISH U.S. CITIZENSHIP

If the answer to the question regarding intent to relinquish citizenship is yes, the person concerned will be asked to complete a questionnaire to ascertain his or her intent toward U.S. citizenship. When the questionnaire is completed and the voluntary relinquishment statement is signed by the
expatriate, the consular officer will proceed to prepare a certificate of loss of nationality. The certificate will be forwarded to the Department of State for consideration and, if appropriate, approval.
An individual who has performed any of the acts made potentially expatriating by statute who wishes to lose U.S. citizenship may do so by affirming in writing to a U.S. consular officer that the act was performed with an intent to relinquish U.S. citizenship. Of course, a person always has the option of seeking to formally renounce U.S. citizenship in accordance with Section 349 (a) (5) INA.

DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS INAPPLICABLE

The premise that a person intends to retain U.S. citizenship is not applicable when the individual:
(1) formally renounces U.S. citizenship before a consular officer;
(2) takes a policy level position in a foreign state;
(3) is convicted of treason; or
(4) performs an act made potentially expatriating by statute accompanied by conduct which is so inconsistent with retention of U.S. citizenship that it compels a conclusion that the individual intended to relinquish U.S. citizenship. (Such cases are very rare.) Cases in categories 2, 3, and 4 will be developed carefully by U.S. consular officers to ascertain the individual’s intent toward U.S. citizenship.

APPLICABILITY OF ADMINISTRATIVE PREMISE TO PAST CASES

The premise established by the administrative standard of evidence is
applicable to cases adjudicated previously. Persons who previously lost U.S. citizenship may wish to have their cases reconsidered in light of this policy.

A person may initiate such a reconsideration by submitting a request to the nearest U.S. consular office or by writing directly to:
Director Office of American Citizens Services
(CA/OCS/ACS)
Room 4817 NS
Department of State
2201 C Street N.W.
Washington, D.C. 20520

Each case will be reviewed on its own merits taking into consideration, for example, statements made by the person at the time of the potentially expatriating act.

LOSS OF NATIONALITY AND TAXATION

P.L. 104-191 contains changes in the taxation of U.S. citizens who renounce or
otherwise lose U.S. citizenship. In general, any person who lost U.S. citizenship within 10 years immediately preceding the close of the taxable year, whose principle purpose in losing citizenship was to avoid taxation, will be subject to continued taxation. For the purposes of this statute, persons are
presumed to have a principle purpose of avoiding taxation if 1) their average
annual net income tax for a five year period before the date of loss of citizenship is greater than $100,000, or 2) their net worth on the date of the loss of U.S. nationality is $500,000 or more (subject to cost of living adjustments). The effective date of the law is retroactive to February 6, 1995.
Copies of approved Certificates of Loss of Nationality are provided by the Department of State to the Internal Revenue Service pursuant to P.L. 104-191.

Questions regarding United States taxation consequences upon loss of U.S. nationality, should be addressed to the U.S. Internal Revenue Service.

DUAL NATIONALITY

Dual nationality can occur as the result of a variety of circumstances. The automatic acquisition or retention of a foreign nationality, acquired, for example, by birth in a foreign country or through an alien parent, does not affect U.S. citizenship. It is prudent, however, to check with authorities of the other country to see if dual nationality is permissible under local
law.

Dual nationality can also occur when a person is naturalized in a foreign state
without intending to relinquish U.S. nationality and is thereafter found not to
have lost U.S. citizenship the individual consequently may possess dual nationality. While recognizing the existence of dual nationality and permitting Americans to have other nationalities, the U.S. Government does not endorse dual nationality as a matter of policy because of the problems which it may cause. Claims of other countries upon dual-national U.S. citizens often place them in situations where their obligation to one country are in conflict with the laws of the other. In addition, their dual nationality may hamper efforts to provide U.S. diplomatic and consular protection to them when they are abroad.

ADDITIONAL INFORMATION
See also information flyers on related subject available via the Department of
State, Bureau of Consular Affairs home page on the internet at http://travel.state.gov or via our automated fax service at
202-647-3000. These
flyers include:

QUESTIONS

For further information, please contact the appropriate geographic division of the Office of American Citizens Services:
Africa Division at (202) 647-6060;
East Asia and Pacific Division at (202) 647-6769;
Europe Division at (202) 647-6178;
Latin America and the Caribbean Division at (202) 647-5118;
Near East and South Asia Division at (202) 647-7899.

Counsel representing persons in matters related to loss of U.S. nationality may
also address inquiries to Director, Office of Policy Review and Inter-Agency Liaison, Overseas Citizens Services
Room 4817 N.S., Department of State
2201 C Street N.W., Washington, D.C. 20520, 202-647-3666.
6/98
American Citizens http://travel.state.gov/acs.html


#6

In regard to the comments of crbkstiles of 10 September 2000, I would note the following:

A child of a foreign father and an ROC mother may claim ROC citizenship based on the terms of the revised Nationality Law if (1) the child was under the age of 20 on February 9, 2000, the date of the promulgation of the revised law, -OR- (2) the child was born after the promulgation of the revised law.

It is obvious that a child with two ROC parents qualifies for ROC citizenship. Additionally, under the revised ROC Nationality Law, a child with one ROC parent also qualifies for ROC citizenship. However, in some cases where one (or both) parent has foreign nationality, the child currently may be holding a foreign passport and residing in Taiwan on a resident visa. In other words, although the child “qualifies” for ROC citizenship, the parents have not actually completed the formal registration procedures to “claim” that citizenship.

The Ministry of the Interior (MOI) is not ACTIVELY pushing the requirement that a “foreign child” who qualifies for ROC citizenship must actually claim that citizenship. However, the MOI is PASSIVELY enforcing such a requirement.

This is explained as follows. A foreign child can reside in the ROC with a resident visa (based on the existing relationship with the parents) up to the age of 20. At that point if he/she meets the requirements to apply for permanent residency, such an application should be made immediately if there is a desire to remain in Taiwan. For a “foreign child” who qualifies for ROC citizenship based on the provisions of the revised Nationality Law, however he/she could theoretically apply for permanent residency status at the age of 14, however the Foreign Affairs Police will not accept the application. They will say “You are an ROC citizen, so you cannot get permanent residency. That is for real foreigners.” At the age of twenty when this youth no longer qualifies for a resident visa, he/she must make a decision to (1) get a tourist visa, or (2) claim ROC citizenship, in order to continue living in Taiwan.

Obviously, for males who claim ROC citizenship, the call for military service will come shortly thereafter.

This may all seem rather confusing, but it is quite important to those families living in the ROC who are affected. If your family needs personal counseling on this matter, please contact the Moderator and arrange for a personal appointment.

richard@oriented.org


#7

I’m in the same situation as last44. I’m “too old” to be able to qualify for the compliance date revision pointed out by Mr. Hartzell.

I’ve tried for seven years (yup, 7!) to find a way to get citizenship from the country where I was born, where I have tons of relatives, and where I claim half of my ancestry from, but it has all been a waste of time, effort and money, only resulting in grievous frustration and heart wrenching disappointment.

I would have thought Taiwan would be glad someone would want to be called a Taiwanese citizen. Even more so since that person actually wants to stay in this country and contribute to society, rather than emigrate outta here! But nope.

Where in the world did the date of Feb. 9, 2000, originate from anyway? and why did the gov’t even have to stipulate that restriction?

What is even more discouraging is the fact that not one person in any of the agencies that I had approached was willing to help; help as in championing my worthy cause to see if a challenge could be made for that cut off date or even if an exception to the rule would be possible. No. Nothing. Nada. I even went so far as to wonder if a red envelope (gasp!) under the right table (anyone? anyone?) would have been more effective (not that I would ever do such a thing, of course).

“The rule’s the rule and it sucks to be you.” Well, that was never said, but it pretty much sums it up.

If there is anyone out there who has found or experienced an exception to the rule, I would be delighted to hear from you. Or even if you are one of the “older” ones looking for your right to citizenship, let’s talk about it. Who knows, if there are more of us out there and we make enough noise, perhaps we can make a difference and finally claim our heritage.

=====================
Re-topia Revolving Clearance!


#8

I am dealing with several related cases at the present time, and would be happy to meet with you and discuss the appropriate strategy for dealing with your ROC citizenship application.