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Author Topic: Dual Citizenship (any lawyers out there?)  (Read 1809 times)

ConsideringOptions

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Dual Citizenship (any lawyers out there?)
« on: April 19, 2004, 10:56:49 am »

My question is really twofold...

For personal reasons, I will soon be moving to Canada, with the intent of acquiring Permanent Residency and eventually, dual nationality [yes, I know, I know, Canada is more fiscally statist and all, but generally more respectful of privacy rights and other civil liberties, and all of that stuff is inconsequential to my circumstances, anyway].

Eventually (though for practical reasons, probably not within the 5 yr FSP window), I'd like to move back to the States, to New Hampshire, and help further the project's aims. Despite my near-term personal circumstances, I was still wondering about various ways I might be able to help with the project.

Which brings us to my question:

Assuming I emigrate to Canada, would I be permitted to vote in a US state (As opposed to voting only federally as a part of the US diaspora) under any circumstances? Provided I had some kind of tie to the state perhaps? OR does it have to be my *primary* (>50%) *world* residence, as opposed to just primary US residence? If this situation is in any way, or under any circumstances permissible, I wonder if it might help numerous other international people add to the FSP numbers.

Presuming I'm permitted to vote as a resident of NH under some kind of minority-of-the-time residency situation, is there anyone who would like to rent a place where I could legally call "home" in NH, for very cheap, realizing that though of course, I'd have to keep the legal right available to be there, I'd intend to be there as minimally as possible in order to maintain the legality (if available at all) of the circumstances I'm describing on the up-and-up. [Feel free to store stuff in "my" room, whatever, we could work it out.. pending the legal possibility of all of this, of course].

Any informed answers would be greatly appreciated.
-A Pseudononymous Liberty Lover
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bostnfound

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Re:Dual Citizenship (any lawyers out there?)
« Reply #1 on: April 19, 2004, 11:50:47 am »

I am not a lawyer, but I take the New York Bar in July (3rd year law student).  I have taken Immigration Law and have worked at a Corporate Immigration Law Firm.  

Under your synopsis you would not be able to vote in any federal elections.  I do not know NH's current voting laws though.  But for most states you have to be domiciled in that state to vote.  This means that your intention is to be a state citizen.  By immigratting to Canada, or trying to acquire permanent residency there (I assume by the point system), this would strip you of your voting rights.  However, if you were simply working in another country, as my friends parents have lived in Saudi Arabia working for Exxon for 12 years, you would be allowed to vote in your home state, since they plan on coming back to that state and pay taxes for that state.  If you choose not to pay the Federal Income tax you would lose your rights to vote as a citizen.

Granted I am not an attorney of NH, but my guess is if you want to vote in NH, you should not seek permanent residence status in Canada but rather get a work visa.
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Tracy Saboe

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Re:Dual Citizenship (any lawyers out there?)
« Reply #2 on: April 19, 2004, 02:24:06 pm »

Quote
If you choose not to pay the Federal Income tax you would lose your rights to vote as a citizen.

Is the converse also true? Can I choose to wave my right to vote by not paying taxes?

Tracy
« Last Edit: April 19, 2004, 02:24:24 pm by Tracy Saboe »
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bostnfound

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Re:Dual Citizenship (any lawyers out there?)
« Reply #3 on: April 19, 2004, 02:51:45 pm »

Sadly no
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