When a person has “dual nationality” or “dual citizenship,” it means that the person is a lawful citizen of two countries simultaneously.
There are several ways in which one can acquire dual citizenship status:
- Everyone who is born in the United States automatically obtains U.S. citizenship. If you are a citizen of another country and you give birth while you are in the United States, your child will have two nationalities: first, the one that you and/or your spouse have, and second, U.S. citizenship.
- Any child of a U.S. citizen is entitled to U.S. citizenship. Therefore, if you are a U.S. citizen and give birth in another country, your child will have the nationality of the country where they were born, and U.S. citizenship.
- If you become a U.S. citizen while maintaining citizenship in the country you emigrated from, you will have dual citizenship.
- Sometimes, a U.S. citizen who marries a foreign national acquires the citizenship of their spouse’s birth country. In those cases, the U.S. citizen-spouse can make a voluntary request to obtain citizenship of their new home country without needing to give up their U.S. citizenship.
A person with dual nationality is subject to the laws of both countries. This grants the person whatever each country confers legal rights and also subjects the person to legal obligations (such as paying taxes) that each country requires.
Which Countries Allow Dual Citizenship?
Many countries permit dual citizenship. These include, to name a few, the United States, France, Australia, Germany, Greece, Canada, Hong Kong, Russia, and Israel.
Certain countries do not permit dual citizenship with any other country. These countries currently include North Korea, Japan, and Saudi Arabia, among others. In these countries, a person would automatically lose their native citizenship if they become a citizen of another nation.
Some countries permit dual citizenship with only specific countries. For example, Bangladesh allows dual citizenship only to foreigners who have never been citizens of Afghanistan, Bhutan, India, the Maldives, Nepal, Pakistan, or Sri Lanka. Spain allows its citizens to be dual citizens of certain Latin American countries but does not allow dual citizenship with the United States.
What Precautions Should I Take Before Traveling as a Dual Citizen?
If there is any doubt about it, you should confirm you are a citizen of two countries. While you may have filed appropriate paperwork for dual citizenship, it may not have been fully processed yet. If you do in fact hold dual citizenship and you plan to travel, you should contact the nearest diplomatic office of the country to which you intend to travel to find out whether there are specific requirements that need to be met.
You should be aware that U.S. government assistance may be limited when you are abroad and are subject to the laws of the country of your second citizenship. For dual nationals, the country where they are physically located usually has a greater claim on them.
Some issues that may arise include the following:
- Entry Requirements: When traveling to a country with a second citizenship, you may be required to enter and exit on a passport from that country alone.
- Military Service: U.S. citizens with dual nationality may be subject to mandatory military service in their second nation of citizenship, often upon arriving in the country
- Double Taxation: Dual nationals are often subject to taxation in both countries. This can be avoided only if the other nation and the U.S. have a tax treaty that exempts a dual national from double taxation.
- Limited Assistance Abroad: Local authorities may not recognize your U.S. citizenship, especially if you did not enter the country using your U.S. passport. The U.S. embassy or consulate’s ability to provide help may be limited.
- Notification and Access to Detained Dual Nationals: U.S. consular officials abroad may not be given access to U.S. citizens in detention if they are citizens of the country where they are detained. If you are a dual national and you are arrested or detained, you should ask police or prison officials to notify the closest U.S. embassy or U.S. consulate because you are entitled to the help of the embassy or consulate. Some countries, especially those that do not recognize dual citizenship, will not contact the U.S. embassy when a dual national is arrested or detained.
What Passport Should I Carry When I Travel?
If a person’s travel destination is their other country of citizenship, they should travel with their U.S. and destination’s passports. U.S. law requires its citizens to have a U.S. passport to show U.S. Customs and Border Patrol officials when they re-enter the country.
Renouncing U.S. Citizenship
It is (intentionally) quite hard to voluntarily give up your U.S. citizenship.
First, you must obtain citizenship in another country. If that weren’t a requirement, then when you lose your U.S. citizenship, you would become a “stateless” person, unable to claim the right to live in any country.
Second, you must “renounce” your U.S. citizenship. This requires irrefutable proof that you intend to renounce U.S. citizenship voluntarily. Because U.S. law presumes that those who give up their citizenship will regret it later, it makes it difficult to present enough evidence to a Department of State embassy or consulate official that you mean to give up your citizenship permanently.
Can I Get My U.S. Citizenship Reinstated If I Renounced It?
You can have your status as a U.S. citizen reinstated if you renounced it for one or more of the legally permissible reasons. For instance, if you desired to keep your status as a U.S. citizen but were forced to swear a declaration or oath to gain citizenship in a foreign country, you may well be able to reinstate your U.S. citizenship. Do this by submitting a request to the U.S. Department of State through an embassy or consulate.
If I Become a Citizen of Another Country, Am I at Risk of Losing My U.S. Citizenship?
By U.S. law, U.S. nationals who are granted citizenship in another country will not lose their U.S. citizenship because of it. However, in countries that do not allow for dual citizenship with the United States, they must give up their U.S. citizenship to become a citizen of that country.
It is very hard to lose U.S. citizenship. An individual may lose individual citizenship only if they:
- Voluntarily commit an act of treason against the United States, such as carrying out an act of terrorism, levying war against the United States, or assisting its enemies by giving them “aid and comfort” within the meaning of the United States Constitution
- Enlists in the military of a country that is at war with the U.S.
- Choose to run for public office in a foreign nation (this factor may not apply in every situation)
- Work in a policy level position for a foreign government
Do I Need Help From an Immigration Law Attorney?
Persons with dual nationality can face some very unique legal issues. You may wish to hire an immigration lawyer if you have any questions or concerns involving dual nationality or dual citizenship.
Your attorney can provide legal advice on your rights, both domestically and internationally. If you require legal representation in immigration court or an immigration hearing, or if you need advice on how to fill out any necessary forms, your attorney can help you accomplish these tasks as well.
