Expert: Cesar - 4/28/2009

Question
Hello. I was born in Medellin and adopted at the age of 6 months. My adoptive
parents told me that they wanted to keep my citizenship, but had to renounce it
when I was naturalized as a U.S citizen. Is it true that I am still considered a
Colombian citizen because I was born there? and if so, am able to apply for a
passport? Thanks!

Answer
Dear Alec:

You have double citizenship. To Colombia you are still a Colombian. I know that the US citizenship procedures ask you to renounce to other citizenships and that is something that worries many. I have not seen anyone being prosecuted because of using their double citizenship status. Double citizens normally would use US documents in the US and when entering the US. Those double citizens might decide to apply for the documentation from the other country when deciding to go to that other country to receive the benefits of that other country such as longer stays or when wanting to move there or work there without asking for a work permit or a visa. Others would enter the other country with the US passports and declare themselves US nationals. It is up to you how you would want to behave. In Colombia there is a new law that asks Colombians to show their Colombian passport when entering Colombia. Some double citizens might decide to enter Colombia as a US citizen and say that are a US citizens. Others apply for a Colombian passport at a Colombian consulate in the US. I recommend asking the Colombian Consulate about that new law and the effects of entering Colombian with the US passport while being Colombian. I do not think there is any prosecution for that in Colombia despite the new law because it conflicts with the US law (the person would not know which law to obey). I think that the smart choice would be to get the Colombian passport and not use it except for entering and exiting Colombia. That way you would be safe in both countries. I suggest asking that they would stamp the US passport too when entering and exiting Colombia. You would show both passports in Colombia, but only one in the US: the American passport (unless your American passport was not stamped and the Colombian was), but not to  worry with the stamp issues: both countries know about the situation and would not give you a hard time about that.

The requirements for the Colombian passport are posted on any of the websites belonging to Colombian Consulates.  There is a list of Colombian consulates at:

http://www.cesarusa.com/Colombia.htm

United States and Colombia know of the dilemmas and questions double citizens have and normally would not give them a hard time. Normally, all you have to do is have a valid passport and proof of legal permission to be where you are. Normally, when traveling from Colombia to the US you need to show proof of permission to go to the US, which is an US passport. When entering Colombia you need proof of permission of entering to Colombia such as an American passport (since Americans have permission for the first 90 days) or a Colombian passport. Citizens of some other countries might be required to have a visa to enter Colombia. I suggest you contacting your nearest consulate and ask their opinion since I am only giving you my personal opinion and what I have seen when I have traveled between both countries in several occasions. I am also a double citizen of those countries and I have not had problems. The same for other people with double citizenship as you and me. An uncle of mine has entered and exited as an American despite him being a double citizen, but that was prior to the new law. The only drawback is that if you enter as an US citizen then you are limited in the number of days that you may stay in Colombia to 90 days and if you want to stay longer you will have to fly or somehow go to Bogotá and apply for an extension (another short period of time such as another 90 days), which probably involves a payment of a fee and waiting in lines early morning. It is up to you how you want to do it. You could ask the US and Colombian governments for their opinions. Probably this question has been asked numerous times and the answer is probably posted in several web pages.

If you do not need to travel to Colombia and do not need to do anything related to Colombia then you might skip getting a passport from Colombia or a Colombian ID (called Cedula de Ciudadania) since you are not going to travel or do anything there. I was asked to get a military document many years ago since I was in the age to serve when I applied for my Colombian ID, but was living in another country. Colombians living in other countries are not asked to serve in the military in Colombia while living in other countries, but might be asked by the other countries if they become citizens of those other countries (such as the US). I had to pay a fee based on my income to get the Colombian military ID (called tarjeta militar) and I was considered enlistable until age 50 or so in case of war and being in Colombia. The Colombian consulate would give you the latest information about that if you ask them.

Best wishes,

Cesar