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The 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
United 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.
Loss of U.S. Citizenship
The 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.
Which Passport to Use
Section 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.
Korean Nationality
Laws establishing one's claim to citizenship can be complex, and differ
significantly from country to country. For information on other possible
claims of nationality you should direct your queries to the appropriate
country's embassy or representatives. This includes instances where your
American Citizen child has a Korean parent. The child may have acquired
Korean nationality at birth, though the final determination would rest
with the Korean authorities. Begin by contacting the Korean government's
Department of Nationality of the Immigration Bureau at 02-653-0462 (Korean
language only).
The Government of the Republic of Korea does not permit dual citizenship
after the age of 21. American citizens of Korean descent who hold dual
citizenship under South Korean law and work or study in South Korea are
usually compelled by the Republic of Korea to choose one or the other
nationality soon after reaching that age.
In addition, South Korean men over the age of 18, including American citizens
of Korean descent, are subject to compulsory military service. A dual
national may not be allowed to abandon his ROK nationality until he finishes
his military service, or has received a special exemption from military
service. There have been several instances in which young American men
of Korean descent, who were born and lived all of their lives in the United
States, arrived in the ROK for a tourist visit only to find themselves
drafted into the South Korean army.
Americans of Korean descent may request further information from the nearest
South Korean Embassy or Consulate before visiting Korea.
In the U.S., contact the Embassy of the Republic of Korea at 2320 Massachusetts
Avenue N.W., Washington, D.C. 20008, telephone (202) 939-5660/63 or online.
There are South Korean consulates in Atlanta, Boston, Chicago, Guam, Honolulu,
Houston, Miami, New York City, Los Angeles, San Francisco and Seattle.
Updated October 1, 2002
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