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Dual nationality
IntroductionThe Supreme Court of the United States has stated that dual nationality is "a status long recognized in the law" and that "a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both. The mere fact that he [sic] asserts the rights of one citizenship does not without more mean that he renounces the other" (see Kawakita v. U.S., 343 U.S. 717 [1952] ).Current Law and PolicyUnited States law does not contain any provisions requiring U.S. Citizens who are born with dual nationality or who acquire a second nationality at an early age to choose one nationality or the other when they become adults (see Mandoli v. Acheson, 344 U.S. 133 [1952] ). The current nationality laws of the United States do not specifically refer to dual nationality.While recognizing the existence of dual nationality and permitting Americans to have other nationalities, the U.S. Government does not endorse dual nationality as a matter of policy because of the problems which it may cause. Claims of other countries upon dual-national U.S. Citizens often place them in situations where their obligations to one country are in conflict with the laws of the other. In addition, their dual nationality may hamper efforts to provide diplomatic and consular protection to them while they are abroad. It generally is considered that while a dual national is in the other country of which the person is a citizen, that country has a predominant claim on the person. In cases where a dual national encounters difficulty in a foreign country of which the person is a citizen, the ability of the U.S. Government to provide assistance may be quite limited since many foreign countries may not recognize the dual national's claim to U.S. Citizenship. Which Passport to UseSection 215 of the Immigration and Naturalization Act ( 8 U.S.C. 1185) requires U.S. Citizens to use U.S. passports when entering or leaving the United States unless one of the exceptions listed in Section 53.2 of Title 22 of the Code of Federal Regulations applies. Dual nationals may be required by the other country of which they are citizens to enter and leave that country using its passport, but do not endanger their U.S. citizenship by complying with such a requirement.Loss of U.S. CitizenshipThe automatic acquisition or retention of a foreign nationality does not affect U.S. citizenship; however, the acquisition of a foreign nationality upon one's own application may cause loss of U.S. citizenship under Section 349(a)(1) of the Immigration and Naturalization Act (8 U.S.C. 1481). In order for loss of nationality to occur under Section 349(a)(1), it must be established that the naturalization was obtained with the intention of relinquishing U.S. citizenship. Such an intention may be shown by a person's statements or conduct. If the U.S. Government is unable to prove that the person had such an intention when applying for and obtaining the foreign citizenship, the person will have both nationalities.More on Loss of U.S. CitizenshipLoss of Citizenship. Section 349 of the Immigration and Nationality Act states that US citizens are subject to loss of citizenship if they perform certain acts voluntarily with the intention to relinquish US citizenship. These acts are: Becoming a naturalized citizen of a foreign state; Taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions; Entering or serving in the armed forces of a foreign state engaged in hostilities against the US or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state; Accepting employment with a foreign government if (a) one has the nationality of that state or (b) a declaration of allegiance is required in accepting the position; Formally renouncing US citizenship before a US consular officer outside of the United States; formally renouncing US citizenship within the US (but only in time of war); Conviction for an act of treason. The Department of State is responsible for determining the citizenship status of a person located outside of the United States. When such cases come to the attention of a US consular officer, the person concerned will be asked to complete a questionnaire to ascertain his/her intention to relinquish US citizenship. Unless that person clearly and affirmatively asserts that it was his/her intention to relinquish US citizenship, the consular officer is required by law to assume that the person acted with the intention to retain his/her US citizenship, and therefore rule that the person did not lose his/her US citizenship. Consequently a person will be judged to have lost nationality only in those cases where: The individual formally renounces US citizenship in writing before a consular officer; Takes a policy level position in a foreign state; Is convicted of treason; or The expatriating act is accompanied by conduct which is so inconsistent with retention of US citizenship that it compels a conclusion that the person intended to relinquish US citizenship (such cases are very rare). The statutory presumption of an intention to retain US citizenship is applicable to cases previously adjudicated by the Department. Therefore, persons who previously were ruled to have lost their US citizenship may request a reconsideration in light of the new guidelines. A person may initiate such a request by writing to the nearest consular office or directly to: Director, Office of Citizens Services (CA/OCS/ACS) Department of State Washington, D.C. 20520-4818 Each case will be reviewed on its own merits taking into consideration, for example, statements made by the person at the time of the potentially expatriating act. Want to know the (unofficial) Japanese perspective on dual nationality issues?
For more information, including our phone and FAX number, please contact the office serving your part of Japan. The U.S. Embassy and our Consulates are closed on both U.S. and Japanese holidays. This is an official source of U.S. Government information on the Web. Inclusion of Non-U.S. Government links or information does not imply endorsement of contents.
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