Dual Nationality Loophole

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asked on Apr 2, 2012 at 00:37
by   snowflake
edited on Dec 28, 2016 at 02:22
I was born in the USA to an American mother and Malaysian father. Due to my birth place I was able to apply for a US passport as a US citizen. Due to my father being Malaysian, I was also able to obtain a Malaysian birth certificate as a Malaysian citizen (Borang W), complete with a blue IC. Although at a younger age I would have been entitled to hold 2 passports, I did not ever apply for a Malaysian passport. Instead, I have been using my US passport all this while and had held a student visa while I was studying here. In 2005 I moved back to the US to attend university. Prior to that, I have spent my life growing up in KL and attending an International school.

Due to my grandfather in Malaysia being ill, I had decided to return to Malaysia after I graduated from University in the US. I applied for a job here as a Malaysian citizen using my Malaysian IC, although still entering and exiting with my US passport. Inside my US passport, I have been entering/exiting on a tourist visa.

I have managed to get myself stuck in this loophole whereby I am working in Malaysia (now engaged to a Malaysian also, will be married this year), yet I am still holding a US passport, entering on a tourist visa. I do not want to be stuck in this loophole anymore and was wondering if anyone has any advice or knows what I should do? I would like to give up my US passport and apply for a Malaysian passport, although I do not want to entirely renounce my US citizenship - I would rather just let my passport dissolve.

Does anyone have any advice or know anyone that I could consult about this? I am willing to pay for consultation as this has been really bothering me.. many many sleepless nights.
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answered on Aug 22, 2017 at 18:13
by   AliBinAbduallah
edited Oct 4, 2017 at 03:59
“Rip Off Britain" TV series memang tak ada di Malaysiia. Kamu di luar negara? Ada masalah "Dual Nationality? Jika tak puas dengan negara ni.. lebih baik tinggal di mana negara yang kamu ada sekarang.
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answered on Aug 22, 2017 at 18:56
by   BobtheBuilder
Memang tak ada di Malaysia. I spent a good portion of my childhood in Australia however where it was very famous. So silly of you to assume that Malaysians may not have had an overseas experience.

Your defensive tone is the reason why Malaysia is in so much trouble right now. If you and every other Malaysian learned to accept criticism and then try to change what's wrong with the country, perhaps Malaysia might become a great nation again. Currently it's broken.
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answered on Aug 24, 2017 at 01:10
by   immi lawyer
A person BORN overseas, must have the birth registered at a Hi Com or Embassy. Ipso facto, the child is a Malaysian Citizen. Malaysia also recognises that, if one parent is foreign the child can have dual nationality.

Malaysia accepts that the child can acquire the passport of the foreign nationality. Once acquired, the realm and protection of Malaysian Citizenship ceases to apply. The child becomes a “foreigner” having a non Malaysian Passport. Malaysia does not allow her citizens to have two passports. At the age of 21, if the child decides to apply for a Malaysian Passport, proof must be shown that the foreign citizenship has been rescinded before a passport is granted.

In the case of Malaysia in OZ:-
Born in Malaysia, immigrated to NZ at age of 10. Acquired a NZ passport at 20. Having been born in Malaysia of Malaysian Parents, the situation is different. A Foreign passport acquisition means the law is compromised. NZ citizenship was not a BIRTH RIGHT. In reality I hope the outcome was favourable if an application was tabled.

Singapore:- here I believe an individual must declare at 21 years that the foreign citizen element has been relinquished before continuing to enjoy the elements of a Singapore Citizen. I know many who have jumped ship to avoid national service.

Read carefully my responses on the subject. I never offered advice, only stated facts. The person concerned was advised to seek guidance officially. You questioned my integrity, that's your prerogative. Please confirm what I have said with a practising attorney.

You have used this topic as a vehicle to rant and disparage Malaysian. She has her issues and problems. Critic is welcome, but to rant and disparage when challenged???? Tell me one nation that does not have the same or worst, you naïve.......! We don't put our refugees on familiar? I will not respond to you any more. Your bias is evident. If you are not happy, be constructive, or go to a place where the sun don't shine.
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answered on Aug 26, 2017 at 01:20
by   Tanavaroot
edited Oct 4, 2017 at 04:42
@ imm lawyer

Yes I am a lawyer ...long since retired
 I never offered advice, only stated facts.
Once an Attorney is a Attorney, nevermind active or retired.

Your postings have given people an insight on issues. It is much appreciated. Nobody have written an answer using Constitutional Laws as clearly as you have done before.
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answered on Aug 26, 2017 at 12:23
by   BobtheBuilder
Once an Attorney is a Attorney, nvm active or retired...Nobody have written an answer using Constitutional Laws as clearly as you have done before.

Oh the hypocrisy from the person who was the one who initially questioned whether or not immilawyer was indeed a lawyer. I never doubted his/her handle name and took it at face value.

You have used this topic as a vehicle to rant and disparage Malaysian

No, I haven't, immilawyer. My initial post was written to question the fairness of the law as I genuinely believed it had failed Malaysian in Oz. I still find it incredibly rigid and ridiculous. I then made a throwaway comment (which in hindsight I shouldn't knowing how sensitive some of you people are at the time I made it) about the state of Malaysia, and this Tanavaroot character immediately jumped on it and made that the focus of the discussion. It was never meant to have been about the state of the country, but rather how silly I think the law is.

I was happy with your initial response actually, when you were talking about the workings of the law. Then you decided to get defensive about the Malaysian remark and made personal cracks at me. Hence my negative response questioning your integrity and so forth.

Interesting that you made the old "pot calling...." reference, immlawyer. I suggest that you have a look at the mirror because it definitely applies to you.
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answered on Aug 26, 2017 at 12:26
by   BobtheBuilder
"not knowing how sensitive..."
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answered on Sep 12, 2017 at 21:49
by   Jovi
I just want to know if you surrender your US passport in order to obtain the Malaysia passport, are you still can get a US visa to enter US? 
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