US citizen acquires D, A or CH citizenship from naturalization. Citizen forfeits US citizenship. True/False?

Question

US citizen acquires German, Austrian or Swiss citizenship as a result of living abroad and meeting naturalization requirements. US citizen forfeits US citizenship. True/False?

All my research would indicate the answer is Yes. These countries (barring extraordinary circumstances whereby it would impose an undue burden on the moving party) require as part of the naturalization process that the moving party renounce all other currently held citizenships.

However, I have also heard that this is not always strictly enforced and at times can be downright lax.

In sum, would a person lose their US (or other) citizenship if naturalized in these countries?

Thanks much,

~Tom

Answer 1

Swiss no (they allow dual citizenship now). German and Austrian you must renounce your US citizenship in order to be naturalized.

Answer 2

unless you qualify for dual citizenship, then most countries would require you to renounce your US citizenship before becoming naturalized.

once you become naturalized though even if you do manage a dual citizenship, the US Embassy can't protect you from any legal infractions.

Answer 3

It's a funny system this naturalization. The answer to your question is yes but no if you don't want to.

Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. This includeds obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA). However the Department of state 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 a declaration of allegiance to a foreign state, serve in the armed forces of a foreign state not engaged in hostilities with the United States, or accept non-policy level employment with a foreign government.

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.

Answer 4

I know that Germany does not allow dual citizenship in such cases and would (exceptions for minors with dual citizen parents exists) require to denounce U.S. citizenship before they grant German citizenship (don't know about the others).  But I'm quite certain that even though the U.S. does not request from new U.S. citizens to denounce their former  citizenship, the laws do not allow to gain another citizenship then one is an U.S. citizen (born or naturalized).

Summa Sumarum: yes, a U.S. citizen gaining a new citizenship would loose U.S. citizenship.