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I have a dilemma that bothers me and I cannot find a clear answer.
My family wants to travel to Ukraine this summer (2016). We were all born in Ukraine and had its citizenship until we moved to the US and acquired the US passports not that long ago. My brother is 24 (still eligible for military draft), but he has the US passport/citizenship and is going to use it to enter Ukraine. He also changed his first name a bit. However, he hasn't officially renounced his Ukrainian citizenship.
The main question(s), with all the staff that is going on in Ukraine now:
Will he have problems at the border of Ukraine? Can/will they take him away to server in the military? Any issues exiting Ukraine?
I appreciate any input on this matter from people who have done this or from people with legal knowledge.
Thank you
P.S.
He is not going to take his UKR passport and he doesn't want to keep his UKR citizenship. He just wants to visit his grandmother.
That'd be a great question for the US State Department probably.
If he's a legal US resident I don't see how they could detain him (unless there were criminal charges) or force him into serving in the military at this point.
Also contact the Ukranian Embassy in the USA. It's unlikely that this is the first time the question has been asked and they've probably got a set response for the answer.
As of recent, you are recognized as a Ukrainian citizen.
You can be mobilized for the military. Most likely if this hapoens, you can pay some money and get out of it, or just flee the country right away.
They do not take you, they issue you a paper. I seriously doubt any issue will come of it with being a US citizen. Many Ukrainians flat out ignore the mobilization as it is.
I really would not worry about it.
If you want more info, PM me.
Edit, I just now called someone in Ukraine about this, he said you may get hassled, may not depending on who is at the entry point. The general assumption is a US citizen will have no issues versus a Russian citizen for example, but the possibility exists.
That'd be a great question for the US State Department probably.
If he's a legal US resident I don't see how they could detain him (unless there were criminal charges) or force him into serving in the military at this point.
They can as he is considered a Ukrainian citizen. This has happened before with US citizens holding dual citizenship, just Google it.
Quote:
Originally Posted by beachmouse
Also contact the Ukranian Embassy in the USA. It's unlikely that this is the first time the question has been asked and they've probably got a set response for the answer.
Normally good advice, but not in this case. The Ukrainian embassy will lie or just say anything they feel like at the moment, not a good source of info.
I've done some study in the past on US dual citizenship. Although the US government recognizes that dual citizenship exists, it does not extend any special consideration to those who are dual citizens. What that means is that if your brother was detained by Ukraine and forced in to military service, the US government will likely do nothing to stop it. As a dual citizen you are bound by the laws of both countries, and the US government generally won't interfere in another country's enforcement of a law upon one of its own citizens even for people who are also US citizens.
In other words, don't expect the US government to come to his rescue if things go against him.
Now, depending on how he was naturalized he may have already renounced his Ukranian citizenship. The standard oath taken by adults being naturalized includes the statement "Renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen". But if he was naturalized as a child then he likely did not take that oath. Also, the oath itself may not be enough for the government of Ukraine.
I've read legal perspective on this matter and for anyone wondering, URK doesn't recognize US citizenship, on its soil, unless you renounced URK citizenship. You can however travel with US passport and that's a matter of luck if they decide to dig in and figure out if you renounced URK citizenship.
So for anyone who is just trying to throw ideas out without knowing much, thank you, but I have investigated it and need more of the "real life" situations and experiences + legal perspectives.
He did take the Oath of Allegiance. And Ukraine does not recognize dual citizenship.
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