How To

Keeping your German citizenship when becoming a US citizen

Since we have received an increasing number of reports about troubles with entering and leaving the US (we wrote about this in our last newsletter), we now want to inform you about something that may be interesting especially to green card holders. This is keeping your German citizenship if you become a US citizen. According to previous law, Germans risked losing their German citizenship if they applied for a US passport. Because according to German law you had to prove that you had given up your German citizenship before you could obtain a US passport. The same principle applied to US law, since the US also doesn't recognize dual citizenship in general. The new regulations that became effective in January of 2001 now make it significantly easier for Germans to keep their German citizenship.

Generally speaking, you will still lose your German citizenship if you become the citizen of another country (§§ 17 No. 2, 25 paragraph 1 Staatsangehörigkeitsgesetz (Nationality Act)). However, the new regulations for keeping your German citizenship do away with these criteria for the most part. The decision is still a discretionary one. However, according to the new regulations of § 25 paragraph 2, it is based on private and public interests. For an applicant who has his residence abroad it will be important whether he or she still has close ties to Germany.

These may include: relationship with close family members, ownership of real estate and owner-occupation of apartments, pension or insurance services, shares in a company, savings or bank accounts, education or training in Germany, regular travel to Germany, stays in Germany over several years. Consistent ties to Germany may also be given for employees of internationally active or foreign companies or institutions or other persons who have moved their place of residence abroad for professional or business-related reasons for a longer period of time but still only temporarily, provided the work abroad is in German interest, or for spouses and children of such people.

It is not required to move back to Germany later. According to the new regulations of the nationality act there have to be plausible reasons for wanting US citizenship, such as preventing serious disadvantages, especially of an economic or proprietary nature. The general disadvantages foreigners are facing everywhere in the world, such as not being able to vote, having to take care of an appropriate residence permit (Resident Alien Card) or not being allowed into high governmental positions do not qualify as a disadvantage according to the German regulations.

The new regulations also include that a loyalty oath for naturalization is not in conflict with the issuing of the permission to keep your German citizenship, should the foreign state have a governmental and social order that is comparable to that of Germany, e.g. the US. This especially applies to German citizens in the US who wish to become US citizens.

In case you get the permission, you have two years to obtain the foreign citizenship without losing the German one. If this is not enough time, you have to apply for a new permission in good time.

CONCLUSION: If you would like to exchange your won green card for US citizenship, it is now possible in many cases to keep your German citizenship and the social security that goes along with it. And US citizenship has many advantage as well. Above all, however, you will no longer have to be present in the US at least once a year (with the appropriate permit once in twice years), as you have to as a green card holder. Because as soon as you have a US passport, you cannot lose it anymore. Even if you turn your back on the US after naturalization, return to Germany and stay for many years - you will still be welcome back in the US whenever you want.