Spanish Nationality

Posted by: ceb

Spanish Nationality - 05/19/05 02:26 PM

I've commented before about the right to immigrate to Spain based on the 09-Jan-03 law that allowed those with a Spanish grandparent to do so---but with a catch for those of some countries like the U.S. Basically, you have to live in Spain for one year and at the end of that time give up your American passport---your U.S. nationality in other words. I was told that if my mother became Spanish (since her dad was) she would get a passport with no problems, and while never leaving the U.S. When I asked if I can become Spanish once I have a "Spanish" mother (w/out losing my U.S. citizenship), I was told by many Spanish consulates here in the U.S. that I would have to be less than 21 yrs. of age---which I am not.

A friend of mine told me recently that another Spanish consulate (one of the many I didn't contact here in the U.S.) told her that she wouldn't lose her U.S. citizenship---as she is in the same "grandparent scenario".

Does anyone have an idea which is the correct information?
Posted by: jabch

Re: Spanish Nationality - 05/19/05 02:57 PM

As far as I know only citizens of former Spanish colonies are allowed double citizenship with Spain. However, in real life how likely it is that if you take the Spanish citizenship, and you have not formally renounced your U.S. citizenship before a U.S. authority, that your U.S. passport will be taken away from you. Actually, I think the U.S. itself doesn't allow you to have another citizenship. However, other countries do. For example Mexico, the many sons and daughter of Mexicans born here in the U.S., are allowed, but under Mexican Law to have both citizenships. However, if you are living in Europe, commit a crime under U.S. law and the U.S. tries to prosecute you under its (super) long arm statute and bring you back home, and you claim you have renounced your U.S. citizenship to become Spaniard, that's something different, and more likely than not your U.S. passport will be taken away from you, and you will be prosecuted anyway because an exemption to the rule is that you quit your citizenship to evade the law (like paying your taxes).

There are many U.S. citizens who also are English, Mexican or Canadian. I might be wrong, but think that the only real life situation where you will endanger your U.S. citizenship is when you claim before a U.S. authority that you are a citizen of another country. Hope it helps….For specific legal advice talk to an attorney!
wink
Posted by: ceb

Re: Spanish Nationality - 05/19/05 03:30 PM

Hi Jabch, and thanks for your reply. Yes, Americans can have dual citizenship---this is a fact. I don't know how the Spanish government proves that one has renounced their U.S. citizenship---but it is what I've been informed by several Spanish consulates here in the states. You ended with the suggestion of seeking pro legal advice, but how can I find one knowlegeable in both American and Spanish legalities?