I want to thank all those who responded to by various posts of dual citizenship. What I am writing here is MY opinion for myself, not a legal opinion and not authoritative for anyone except me. Seek your own legal counsel before making major life changing decisions.
This is a narrow opinion based on this one circumstance. A US citizen who comes to Panama and applies for Panamanian Citizenship.
Despite the statue to the contrary it appears that the US Supreme Court has indeed ruled that renouncing US citizenship to gain a second citizenship alone is not sufficient to lose US citizenship.
Vance v. Terrazas, 444 U.S. 252 (1980), was a United States Supreme Court decision that established that a United States citizen cannot have his or her citizenship taken away unless he or she has acted with an intent to give up that citizenship. The Supreme Court overturned portions of an act of Congress which had listed various actions and had said that the performance of any of these actions could be taken as conclusive, irrebuttable proof of intent to give up U.S. citizenship. However, the Court ruled that a person’s intent to give up citizenship could be established through a standard of preponderance of evidence (i.e., more likely than not) — rejecting an argument that intent to relinquish citizenship could only be found on the basis of clear, convincing and unequivocal evidence.”
Congress amended the Immigration and Nationality Act in 1986 to specify, as required by Vance v. Terrazas, that a potentially expatriating act may result in loss of U.S. citizenship only if it was performed “with the intention of relinquishing United States nationality”. As in the statue quoted in older posts.
Apparently merely stating, “” I , XXXXXXXXX now declare that I act freely, without coercion, intimidation, no pressure and expressly and irrevocably renounce my national origin and hoped free and spontaneous welcome me to the Panamanian nationality …” Is not sufficient to lose US citizenship unless when questioned by a State Department official a US citizen states it was their intent to relinquish their US citizenship.
This was affirmed by a one sentence response from the US Embassy in Panama. LINK
Therefore I have decided to march forward toward dual citizenship and see what speed bumps may be on the road.
This is not something you can do on your own, you need a lawyer and the collection of documents is time consuming. I have almost all the documents and it has taken a month to collect them. The list includes:
1. A Police report from the DIJ, free and the fastest document to get in David.
2. A letter from your Panamanian Bank saying you are a good client
3. A Paz y Salvo de renta. You first need to go to ANIP in David, with a two copies of your cedula, a utility bill in your name and apply for a RUC. Then the same office will print out a Paz y Salvo, free.
4. Copy of your passport, all of it, certified by the US Embassy and then by the MInisterio de Relations Exteriores, a long day in Panama or have your lawyer do it.
5. Certificate of good health from a Panamanian Doctor, that cost me $15
6. Two photos for a carnet, Arrocha in David
7. Certification from Immigration in David of migratory Status, I have been waiting for a month for this document to be delivered to David. Cost $10 and copies of cedula.
8.Authenticated copy of cedula from the Tribunal Electoral, $6.00
9. Cerificate of cedula extranjero from Tribunal Electoral, $7.25
and a couple of documents created by your lawyer including the document renouncing citizenship.
I do not wish to lose my US citizenship, I do wish dual citizenship. I am not hiding from the IRS or anyone else, this is an exercise with a goal of having a cedula with a N not an E and a second passport.