DavidMTY
Nov 30, 1919, 12:00 AM
Post #6 of 26
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Link on State Dept. & Mex. Constitution
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This link ought to help understand the State Department's current posture. While today, the chances one may lose their US nationality when acquiring the Mexican nationality, are basically nil if you are consciencious on how you do this, the interpretation in the courts, like Roe vs. Wade, is by no means something you can consider for your lifetime, and laws are not in place with any guarantees. A risk averse but not paranoid person, in my opinion might nix the double nationality decision for this reason. Likely things may improve regarding nationality recognitions, but the other possibility exists if the US begins to feel an erosion of national interests. Terrorists, bad economy, etc. influence this over the long haul. Thus, the State Department's posture is irrelevant today, but in its context, relevant tomorrow, thus one important factor to add to the mix to take into consideration when weighing the value of Dual Nationality. I say this because modifying nationality is not something to be taken lightly, is for life, as much as marriage, and a very important decision. By the way, citizens in Mexico: (1) cannot be convicted criminals (2) Must be 18 years old or more (3) must be Mexican nationals. Mexican citizens cannot vote in foreign elections. That is why I personally prefer to consider 'nationality', and not 'citizenship' in these discussions.<p>Finally, Artículo 37, A. IV. of the Mexican Constitution, is probably what motivates the SRE the require one to sign that they will not use a foreign passport, and other laws say that if you try to use your foreign nationality for some benefit for any goods (including real estate) or rights, you lose the goods or rights to the Mexican government.
Art. 37, A. The Mexican Nationality is lost:
IV. For trying to pass in any public instrument, being a Mexican by Naturalization, as a foreigner, or for obtaining and using any foreign passport.<p>Note: Mexico currently turns the other cheek and actually clarifies other Constitutional issues previously causing the loss of nationality, in the nationality law, making allowances for Mexicans by birth to acquire other nationalities elsewhere, but absolutely not use anything to do with them when it comes to Mexico. It is one sided as far as I can tell, as the nationality law do not extend these same dual nationality benefits to reverse situations, i.e., for Mexicans by Naturalization. This is a reflection of the "whatever benefits Mexico" philosophy I have discussed in the past. It is beneficial for Mexicans by Birth to acquire these things in the case of the US workers. But the reverse has no such compelling case, if you are a foreigner by birth. In practice there is probably no difference, but there is no law or case history recognizing dual nationality of Mexicans by naturalization that I have run across. Again, for the reasonably risk adverse person, food for thought. The internationally acclaimed corrupt Mexican judicial system can work wonders on people who have that almost uniquely American cultural attitude of Equality and Rights. I wish I could be the one to dispute the latter comment, but hey, this still is Mexico.<p>Best...David(MTY)
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