Dual Citizenship

The term dual nationality refers to the situation in which an individual holds citizen status in two separate countries simultaneously.  There are a variety of circumstances that can contrive to create this situation.  U.S. immigration policy does not limit or deter foreign citizenship gained automatically through birth or marriage but it does not encourage the practice as it may cause a number of problems for the dual national.  In particular, if a U.S. citizen acquires foreign citizenship through naturalization then they may be eligible to lose their U.S. citizenship.

Eligibility Requirements:

  1. You married a foreign citizen and were automatically granted citizenship.
  2. You were born in a foreign country to U.S. citizen parents and were automatically granted citizenship.
  3. You immigrated to the U.S. and were naturalized as a citizen but still retained your foreign citizenship.

Acquiring Dual Citizenship without losing U.S. Citizenship:

  1. You must have attained the second citizenship automatically through birth in a foreign country; or
  2. You must have attained the second citizenship automatically through marriage to a foreign citizen; or
  3. You must have attained the second citizenship prior to being naturalized as a U.S. citizen;

Note: The only way you can lose your citizenship is if you voluntarily obtain citizenship from another country with the intention of relinquishing your U.S. citizenship.


FAQ's


Q1. If I am currently a dual citizen through automatic operation of law am I required to choose one over the other?
If you acquired another citizenship through an automatic operation of law then you are not required by immigration law to choose one over the other. On the other hand, every sovereign country has its own laws and procedures so you cannot discount the fact that your other country of citizenship might require you to choose one over the other. In order to be prepared for such a situation you should visit the Department of State website to learn more country specific information on foreign laws and procedures.

Q2. As a dual citizen are there any possible conflicts that may arise?
A. As a dual national you are in a position that requires you to give your allegiance to two separate nations. You are required to obey the laws of both countries and both countries have the sovereign right to enforce their laws. As a U.S. citizen you are required to use your U.S. passport for entering and exiting the U.S. while at the same time you may be required to use the passport of your second citizenship to enter and exit that country. If the dual national is residing in the other country of citizenship the U.S. government would be limited in its ability to intercede and assist you if necessary. Apart from these more obvious issues there are still a host of other possible problems stemming from country specific laws that may conflict with U.S. law. In general, the country where the dual citizen resides tends to have the stronger claim on the citizen’s allegiance since they are able to enforce their own laws on their own citizen.
 
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