Can U.S. citizens maintain dual citizenship with another country?
Citizenship of the United States
A person who is considered a citizen by more than one nation has "dual citizenship". It is possible for a United States citizen to have dual citizenship; this can be achieved in various ways, such as by birth in the United States to a parent who is a citizen of a foreign country (or in certain circumstances the foreign nationality may be transmitted even by a grandparent) by birth in another country to a parent(s) who is/are a United States citizen/s, or by having parents who are citizens of different countries. Anyone who becomes a naturalized U.S. citizen is required to renounce any prior "allegiance" to other countries during the naturalization ceremony; however, this renunciation of allegiance renunciation of citizenship to those countries.
Filip Jan Rymsza
Rymsza has dual citizenship between the United States and Poland.
German passport
The right to hold both a German passport and a foreign passport at the same time (dual citizenship) is restricted under the current German nationality law. Germany allows dual citizenship with other EU countries and Switzerland; dual citizenship with other countries is possible with special permission or if obtained at birth (for example, one German parent and one foreign parent, or if a child is born to German parents in a jus soli country such as the United States of America). Under Article 116 par. 2 of the Basic Law (Grundgesetz), former German citizens who between January 30, 1933, and May 8, 1945, were deprived of their German citizenship on political, racial, or religious grounds may re-invoke their citizenship and the same applies to their descendants, and are permitted to hold dual (or multiple) citizenship.
Royal Bank of Canada
On January 15, 2007, CBC Radio reported RBC is "refusing" people of certain nationalities to open U.S. dollar accounts with the bank. Canadian citizens with dual citizenship in Cuba, Iran, Iraq, Myanmar, North Korea or Sudan (mostly countries with U.S. sanctions) are affected. The U.S. Treasury Department restricts certain foreign nationals from using the U.S. dollar payment system to limit terrorism and money laundering after the September 11, 2001, attacks. RBC replied that compliance with such laws does not represent an endorsement by the bank and on January 17, clarified its position on the application of the U.S. laws, specifying that "with some exceptions" it does open accounts for dual citizens of the sanctioned countries. There have also been reports that the bank has closed the accounts of some Iranian-Canadian citizens.
Jessica Miller
Miller has dual citizenship with the United States and Canada.
Barack Obama citizenship conspiracy theories
It has been suggested that Obama obtained Indonesian citizenship (and thus may have lost U.S. citizenship) when he lived there as a child. As an attempt to prove that Obama was no longer a U.S. citizen (or held dual citizenship), some claim his 1981 trip to Pakistan took place at a time when there was supposedly a ban on United States passport holders entering that country, which would in turn have required him to use a non-U.S. passport. There was in fact no such ban. A "New York Times" article and U.S. State Department travel advisories from 1981 make it clear that travel to Pakistan by U.S. passport holders was legal at that time.
Dissolution of Czechoslovakia
By contrast, the Czech Republic has formerly prohibited dual citizenship for naturalized citizens, requiring them to give up existing citizenship(s) prior to receiving citizenship of the Czech Republic. This requirement could only be waived if giving up an existing citizenship might put the applicant or their relatives in danger of persecution in their homeland, which was not the case of applicants from Slovakia. This situation changed with the new Citizenship Act of 2013 (186/2013 Sb.), in force since January 1, 2014. However, most Slovak citizens are still unable to become dual citizens of both the Czech Republic and Slovakia, since they automatically lose Slovak citizenship upon voluntarily acquiring another one (see previous paragraph). Exempt from this law are only those Slovak citizens who obtain a foreign citizenship by virtue of marriage with a foreign national. Some Slovak politicians have speculated in the media about softening the Citizenship Act, but no change has yet materialized as of January 2015.
Multiple citizenship
As a result, the theory of perpetual allegiance largely fell out of favor with governments during the late 19th century. With the consensus of the time being that dual citizenship would only lead to diplomatic problems, more governments began prohibiting it, and revoking the nationality of citizens holding another nationality. By the mid-20th century, dual nationality was largely prohibited worldwide, although there were exceptions. For example, a series of U.S. Supreme Court rulings permitted Americans born with citizenship in another country to keep it without losing their U.S. citizenship.
Relinquishment of United States nationality
Although the U.S. government has removed most restrictions on dual or multiple citizenship from its nationality laws, some other countries retain such restrictions, and U.S. citizens in such countries may choose to give up U.S. citizenship to comply with those restrictions.
Ukrainian nationality law
Ukrainian law currently does not recognise dual citizenship. However, there are citizens of Ukraine who hold dual citizenship. Ukrainian law states that (after gaining Ukrainian citizenship) the new Ukrainian citizen must renounce its non-Ukrainian citizenship(s) within two years. A 2009 estimate put the number of Ukrainians with more than one passport from 300,000 to a few million. Within Ukrainian boundaries Ukrainian citizens who also hold multiple citizenships are considered to be solely Ukrainian citizens.
On February 8, 2014, the Verkhovna Rada proposed a bill to criminalize the act of holding two citizenships.
Lawful permanent residents (United States)
Green card holders are statutorily entitled to U.S. citizenship after showing by a preponderance of the evidence that they, "inter alia", have continuously resided in the United States for at least five years and are persons of good moral character. Those who are less than 18 years old automatically derive U.S. citizenship through at least one of their American parents.
Romanian nationality law
In accordance with the Law on Romanian Citizenship of 1991, Romanian citizens currently have the right to hold dual citizenship. Romanian citizens who apply for dual citizenship are not required to establish their residency in Romania and, if accepted, are granted all the same rights as non-dual citizens. The Romanian policy on dual citizenship is irrelevant to other states policy. In order to successfully become a dual citizen of Romania, a person must also meet the requirements of dual citizenship in the other country. There have been cases in which applicants have successfully restored their Romanian citizenship and as a result, lost citizenship of another country. The Romanian state does not claim responsibility for the loss of citizenship to another state as a result of being granted dual citizenship by Romania.
Travel document
Non-citizen U.S. nationals may reside and work in the United States without restrictions, but must apply for citizenship under the same rules as resident aliens. Like resident aliens, they are not presently allowed by any U.S. state to vote in federal or state elections, although, as with resident aliens, there is no constitutional prohibition against their doing so.
United States nationality law
Based on the U.S. Department of State regulation on dual citizenship (7 FAM 082), the Supreme Court of the United States has stated that dual citizenship 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 he asserts the rights of one citizenship does not, without more, mean that he renounces the other", "Kawakita v. U.S.", 343 U.S. 717 (1952). In "Schneider v. Rusk", 377 U.S. 163 (1964), the U.S. Supreme Court ruled that a naturalized U.S. citizen has the right to return to his native country and to resume his former citizenship, and also to remain a U.S. citizen even if he never returns to the United States.
Dual accreditation
Dual accreditation is the practice in diplomacy of a country granting two separate responsibilities to a single diplomat. One prominent form of dual accreditation is for a diplomat to serve as the ambassador to two countries concurrently. For example, Luxembourg's Ambassador to the United States is also the non-resident Ambassador to Canada and the non-resident Ambassador to Mexico.
Permanent residency
Usually permanent residents may apply for citizenship by naturalization after a period of permanent residency (typically five years) in the country concerned.
Dual citizenship may or may not be permitted.
Citizenship of the United States
American Samoans continue to be U.S. nationals but not U.S. citizens. People born in American Samoa receive passports declaring the holder is only a U.S. national, not a U.S. citizen. For an America Samoan to become a U.S. citizen, he or she must relocate to another part of the United States, initiate the naturalization process, pay the $680 fee (as of February 11, 2014), pass a good moral character assessment, be fingerprinted and pass an English/civics examination.
Tanzanian nationality law
Tanzania does not currently allow its citizens to hold foreign citizenship in addition to their Tanzanian citizenship, except in the case of Tanzanian woman acquiring foreign nationality through marriage, or persons under 18 who acquire Tanzanian citizenship by birth or descent. Multiple nationals automatically lose their Tanzanian citizenship at 18 unless they renounce all other citizenships. The ban on dual citizenship has historically been motivated by suspicions about potential disloyalty amongst the sizable Asian minority. Nevertheless, a debate has arisen about permitting dual citizenship. In August 2007, the minister of home affairs submitted a report recommending that the law be changed. Nevertheless, Tanzania currently continues to restrict dual citizenship.
Citizenship of the United States
U.S. citizens can relinquish their citizenship, which involves abandoning the right to reside in the United States and all the other rights and responsibilities of citizenship. "Relinquishment" is the legal term covering all seven different potentially-expatriating acts (ways of giving up citizenship) under . "Renunciation" refers to two of those acts: swearing an oath of renunciation before a U.S. diplomatic or consular officer abroad, or before an official designated by the Attorney General within the United States during a state of war. Out of an estimated three to six million U.S. citizens residing abroad, between five and six thousand relinquished citizenship each year in 2015 and 2016. U.S. nationality law treats people who performs potentially-expatriating acts with intent to give up U.S. citizenship as ceasing to be U.S. citizens from the moment of the act, but U.S. tax law since 2004 treats such individuals as though they remain U.S. citizens until they notify the State Department and apply for a Certificate of Loss of Nationality (CLN).
Iranian Americans
The U.S. government does not have diplomatic or consular relations with the Islamic Republic of Iran and therefore cannot provide protection or routine consular services to U.S. citizens in Iran. The Swiss government, acting through its embassy in Tehran, serves as protecting power for U.S. interests in Iran. The Iranian government does not recognize dual citizenship and will not allow the Swiss to provide protective services for U.S. citizens who are also Iranian nationals. The Iranian authorities make the determination of a dual national's Iranian citizenship without regard to personal wishes. In 2016, the U.S. Department of State warned U.S. citizens of the risks of travel to Iran. In some instances, foreigners, in particular dual nationals of Iran and Western countries including the United States, have been detained or prevented from leaving Iran.
Multiple citizenship
Concern over the effect of multiple citizenship on national cohesiveness is generally more acute in the United States. The reason for this is twofold:
Devyani Khobragade
A month after her return to India in December 2013, Devyani Khobragade was asked to deposit her childrens' Indian diplomatic passports with the Ministry of External Affairs. It was only at this time that Khobragade revealed that her children had passports from two countries, India and the United States.The ministry instated a panel headed by the Ministry’s Joint Secretary of Cypher, NGO and Vigilance (CNV), A.K. Chatterjee to determine whether she had violated Central Civil Services Conduct rules. After a nine-month enquiry, the panel ruled against her and found her guilty of "serious misconduct".
In another administrative action, the ministry revoked the childrens' Indian passports. Khobragade filed a petition in Delhi High Court against this action, arguing that though Indian law forbids dual citizenship, it is permitted for minors. Legal opinion holds that though minors are allowed to hold dual citizenship once they reach the age of majority (18 years), they have 6 months in which to decide which citizenship to go with. If they fail to make the decision within that timeframe, they automatically lose Indian citizenship. It is unclear, however, whether it is legal for minors to hold both a foreign passport and an Indian passport. In May 2015, Justice Shakdher of the Delhi High Court put a hold on revoking the passports and asked the Ministry of External Affairs to explain to the court why it took this administrative action.
Afroyim v. Rusk
The concept of dual citizenship, which previously had been strongly opposed by the U.S. government, has become more accepted in the years since "Afroyim". In 1980, the administration of President Jimmy Carter concluded that the Bancroft Treaties—a series of bilateral agreements, formulated between 1868 and 1937, which provided for automatic loss of citizenship upon foreign naturalization of a U.S. citizen—were no longer enforceable, due in part to "Afroyim", and gave notice terminating these treaties. In 1990, the State Department adopted new guidelines for evaluating potential loss-of-citizenship cases, under which the government now assumes in almost all situations that Americans do not in fact intend to give up their citizenship unless they explicitly indicate to U.S. officials that this is their intention. As explained by Peter J. Spiro, "In the long run, "Afroyim"'s vision of an absolute right to retain citizenship has been largely, if quietly, vindicated. As a matter of practice, it is now virtually impossible to lose American citizenship without formally and expressly renouncing it."
Relinquishment of United States nationality
Additionally, aliens face restrictions on eligibility for payments based on their country of citizenship or residence, whereas U.S. citizens do not. Residents of countries which have a totalization agreement with the United States, as well as citizens of 53 other countries, can receive Social Security payments indefinitely while residing outside of the United States. Otherwise, Social Security benefit payments will stop after the alien has spent six full calendar months outside of United States, and cannot be resumed until the alien spends one full calendar month inside of the United States and is lawfully present for that entire month. U.S. citizens, in contrast, can receive Social Security payments outside of the U.S. regardless of their length of residence abroad.
Dominican Americans
The electoral participation of Dominicans in the United States may improve as a result of the 1994 approval of dual citizenship by the Dominican legislature, which makes it easier for migrants to become U.S. citizens without relinquishing their Dominican nationality. A 1997 Dominican law, which took effect in 2004, allows Dominicans living abroad to retain their Dominican citizenship and voting rights even if they become citizens of another country.
Relinquishment of United States nationality
Even countries which permit dual citizenship may bar dual citizens from government positions. Australia for example does not allow dual citizens to stand for election to Parliament, while Taiwan bars dual citizens from most public-sector positions. Diplomatic and consular positions present additional difficulties. The Vienna Convention on Diplomatic Relations and Vienna Convention on Consular Relations state that a country may refuse to receive a diplomat or consular officer who holds the citizenship of the receiving country. Based on this, the State Department does not receive U.S. citizens and non-citizen nationals as diplomats representing a foreign country to the United States. The State Department permits such individuals to represent a foreign country in its diplomatic mission at United Nations Headquarters in New York City, but while in such positions they enjoy only official acts immunity and not diplomatic immunity. Thus, an individual wishing to assume a diplomatic or consular position in the United States may choose to relinquish U.S. citizenship. One early example of this, which was described at the time as the first such case in U.S. diplomatic history, was Oskar R. Lange's decision to renounce citizenship in 1945 to become the Polish ambassador to the United States.
Multiple citizenship
In the United States, dual citizenship is associated with two categories of security concerns: foreign influence and foreign preference. Contrary to common misconceptions, dual citizenship in itself is not the major problem in obtaining or retaining security clearance in the United States. As a matter of fact, if a security clearance applicant's dual citizenship is "based solely on parents' citizenship or birth in a foreign country", that can be a mitigating condition. However, taking advantage of the entitlements of a non-US citizenship can cause problems. For example, possession or use of a foreign passport is a condition disqualifying one from security clearance and "is not mitigated by reasons of personal convenience, safety, requirements of foreign law, or the identity of the foreign country" as is explicitly clarified in a Department of Defense policy memorandum which defines a guideline requiring that "any clearance be denied or revoked unless the applicant surrenders the foreign passport or obtains official permission for its use from the appropriate agency of the United States Government".
Multiple citizenship
In effect, this approach argues, the self-centered taking of an additional citizenship contradicts what it means to be a citizen in that it becomes a convenient and painless means of attaining improved economic opportunity without any real consequences and can just as easily be discarded when it is no longer beneficial. Proponents argue that dual citizenship can actually encourage political activity providing an avenue for immigrants who are unwilling to forsake their country of origin either out of loyalty or due to a feeling of separation from the mainstream society because of language, culture, religion, or ethnicity.
Multiple citizenship
In former times, some countries (Latin American countries and Canada) advertised their policy of unconditional birthright citizenship to become more attractive for immigrants. Despite wide acceptance of dual citizenship, industrialized countries now try to protect themselves from birth tourism and uncontrollable immigration waves, so only Canada and the United States still grant unconditional birthright citizenship (even for children of illegal immigrants). In both countries, there have been calls to change the laws, but, so far, they have not been successful. Brazil has similar policies; the only people born in Brazil who do not automatically acquire Brazilian citizenship are those whose parents are residing in Brazil while serving their own countries (as diplomats, military attachés, cultural attachés and the like).
Citizenship of the United States
U.S. law permits multiple citizenship. A citizen of another country naturalized as a U.S. citizen may retain their previous citizenship, though they must renounce allegiance to the other country. A U.S. citizen retains U.S. citizenship when becoming the citizen of another country, should that country's laws allow it. U.S. citizenship can be renounced by Americans who also hold another citizenship "via" a formal procedure at a U.S. Embassy, and it can also be restored.
Constitution of Bhutan
The Constitution prohibits dual citizenship. If citizens of Bhutan acquire another citizenship, their Bhutanese citizenship is terminated.
Residency (domicile)
Residency in any given U.S. state is recognized by the United States Constitution as "citizenship" of that state, a somewhat unusual arrangement known as "dual citizenship" (though not in the original multi-national context).
2018 Sierra Leonean general election
The previously dormant issue of dual citizenship was raised during the election. The ruling party, APC, raised the issue citing Section 76(1) of the 1991 Constitution, which states that "“No person shall be qualified for election as a Member of Parliament — if he is a naturalised citizen of Sierra Leone or is a citizen of a country other than Sierra Leone having become such a citizen voluntarily or is under a declaration of allegiance to such a country.”" The dual citizenship debate engulfed three presidential candidates: Kandeh Kolleh Yumkella of the National Grand Coalition (NGC), Dr. Samura Kamara of the All People's Congress (APC), and Mohamed Kamarainba Mansaray of the Alliance Democratic Party (ADP). Yumkella claimed he denounced his American citizenship in 2017, while Mansaray said he has never held any other citizenship. Two cases were brought to the Supreme Court: one filed on 5 February by an activist of the ruling All Peoples Congress party claiming that Yumkella is a "naturalised citizen" and therefore unqualified to contest the elections; and another filed by Charles Margai, a flag bearer for People's Movement for Democratic Change (PMDC), claiming that the APC’s standard bearer is unqualified to run for president because he is a dual citizen and did not resign his ministerial position – for which he was paid from the state’s consolidated revenue – long enough to meet the constitutional requirement. The defense of Yumkella appealed to the Supreme Court to have two of the judges removed from the case, then the matter was adjourned until 28 March (after the 7 March election) for the two new judges to study the case. The dual citizenship issue will be remembered by citizens for propagating the slang term "two-SIM" to describe a person with dual citizenship.
Citizenship of the United States
U.S. citizens are required by federal law to identify themselves with a U.S. passport, not with any other foreign passport, when entering or leaving the United States. The Supreme Court case of "Afroyim v. Rusk" declared that a U.S. citizen did not lose his citizenship by voting in an election in a foreign country, or by acquiring foreign citizenship, if they did not intend to lose U.S. citizenship. U.S. citizens who have dual citizenship do not lose their United States citizenship unless they renounce it officially.
Citizenship
The United States has a federal system in which a person is a citizen of their specific state of residence, such as New Jersey or California, as well as a citizen of the United States. State constitutions may grant certain rights above and beyond what are granted under the United States Constitution and may impose their own obligations including the sovereign right of taxation and military service; each state maintains at least one military force subject to national militia transfer service, the state's national guard, and some states maintain a second military force not subject to nationalization.
Identity documents in the United States
A child born abroad to two U.S. citizen parents, or one citizen parent and one non-citizen, also typically has citizenship from birth. Such births are registered with the nearest U.S. embassy or consulate. If the embassy or consulate determines the child acquired citizenship at birth, it issues a Consular Report of Birth Abroad, also known as Form FS-240. A birth certificate will also be issued locally in the country where the child was born. The consular report is proof of U.S. citizenship and may be used to obtain a passport for the child and register the child for school, among other purposes.
Accidental American
U.S. law also states that a child born outside of the U.S to a U.S. citizen parent who previously spent sufficient time in the U.S. is a U.S. citizen at birth, regardless of whether the child also has the citizenship of the country of birth or another citizenship. U.S. citizens married to fellow U.S. citizens can transmit U.S. citizenship to their children if either parent has ever had a residence in the United States (without any minimum time limitation on how long they held that residence.) However, for U.S. citizens married to non-U.S. citizens, the required period of residence is longer; under the Nationality Act of 1940 and the Immigration and Nationality Act of 1952, the required period of residence was set to ten years, five of which had to be after the age of 14. The Immigration and Nationality Act Amendments of 1986 reduced this to five years, two of which had to be after the age of 14.
Visa requirements for German citizens
Israel, subject to the Arab League boycott, does not stamp passports anymore. Instead, it issues ID cards to visitors. Previously, it was possible to get the stamp on a separate piece of paper. Kuwait, Lebanon, Libya, Saudi Arabia, Sudan, Syria and Yemen do not allow entry to people with evidence of travel to Israel, or whose passports have either a used or an unused Israeli visa.However, similar conflicts exist between other countries. Visitors with passport stamp of such countries may have trouble to enter the other countries. Germany allows its citizens to hold several German passports (two or three, in extreme cases up to ten) to circumvent such travel restrictions. However, these additional passports are valid only for a maximum of six years, even if the "main passport" is valid for ten years. Holding a German passport and a foreign passport at the same time, that is, dual citizenship, is restricted under the current German nationality law. Germany allows dual citizenship with other EU countries and Switzerland; dual citizenship with other countries is possible with special permission or if obtained at birth. Dual citizenship is also routinely granted when the other citizenship cannot be renounced or renunciation would be practically impossible.
Multiple citizenship
Some countries do not simply allow or forbid dual or multiple citizenship in general, but have more complex rules, such as:
Talbot v. Janson
Talbot v. Janson, 3 U.S. (3 Dall.) 133 (1795), was a case in which the Supreme Court of the United States held that the jurisdiction of the court extended to the seas and that a citizen of the United States could also hold the citizenship of another nation (in the case of Talbot, France). This holding means that dual citizenship may be held by Americans.
Multiple citizenship
Some countries do not permit dual citizenship. This may be by requiring an applicant for naturalization to renounce all existing citizenship, or by withdrawing its citizenship from someone who voluntarily acquires another citizenship, or by other devices. Some countries do not permit a renunciation of citizenship. Some countries permit a general dual citizenship while others permit dual citizenship but only of a limited number of countries.
Juan Mari Brás
In light of the Supreme Court's decision, on June 4, 1998, the U.S. State Department reversed its November 22, 1995 decision and declared that Mari Brás was still a US citizen. The U.S. State Department argued that as Mari Brás had continued living in a US territory, he was still a US citizen. According to the State Department, US Immigration and Naturalization law stipulates that anyone who wants to give up their US citizenship must live in another country.
United States Citizenship and Immigration Services
USCIS focuses on two key points on the immigrant's journey towards civic integration: when they first become permanent residents and when they are ready to begin the formal naturalization process. A lawful permanent resident is eligible to become a citizen of the United States after holding the Permanent Resident Card for at least five continuous years, with no trips out of the United States lasting 180 days or more. If, however, the lawful permanent resident marries a U.S. citizen, eligibility for U.S. citizenship is shortened to three years so long as the resident has been living with the spouse continuously for at least three years and the spouse has been a resident for at least three years.
Dual intent
Certain types of foreign visitors are allowed dual intent, and other categories of visitors are not. Persons with H-1B visas (for specialty workers and their spouses and minor children with H-4 visas), K visas (for fiancees or foreign spouses of US citizens and their minor children), L visas (for corporate transferees & their spouses and minor children), and V visas (spouses and minor children of lawful permanent residents) are permitted to have dual intent under the Immigration and Nationality Act. Federal regulations also appear to recognize dual intent O visas (for workers who have extraordinary ability and their spouses and minor children), P visas (for athletes, artists or entertainers and their spouses and minor children), and E visas (for treaty traders or treaty investors and their spouses and minor children).
Marshallese Americans
Children born in the United States to Marshallese families have dual citizenship.
Multiple citizenship
In Australia, France, Germany, Ireland, New Zealand, South Africa, and the UK, a child born there is regarded as a citizen only if at least one parent is either a citizen or a legal permanent resident who has lived there for several years. (Germany usually restricts dual citizenship, so non-EU/non-Swiss citizens born and grown up abroad must usually renounce their old citizenship when naturalizing.) Some countries (e.g. Liechtenstein) allow only citizens by descent to have dual citizenship, but require naturalized citizens to renounce their old citizenship.
Irish nationality law
Ireland allows its citizens to hold foreign citizenship in addition to their Irish citizenship. Some countries, however, do not permit multiple citizenship e.g. adults who acquired Irish and Japanese citizenship by birth must declare, to the latter's Ministry of Justice, before turning 22, which citizenship they want to keep.
Afroyim v. Rusk
Afroyim v. Rusk, 387 U.S. 253 (1967), is a major United States Supreme Court case in which the Court ruled that citizens of the United States may not be deprived of their citizenship involuntarily. The U.S. government had attempted to revoke the citizenship of Beys Afroyim, a man born in Poland, because he had cast a vote in an Israeli election after becoming a naturalized U.S. citizen. The Supreme Court decided that Afroyim's right to retain his citizenship was guaranteed by the Citizenship Clause of the Fourteenth Amendment to the Constitution. In so doing, the Court struck down a federal law mandating loss of U.S. citizenship for voting in a foreign election—thereby overruling one of its own precedents, "Perez v. Brownell" (1958), in which it had upheld loss of citizenship under similar circumstances less than a decade earlier.
Multiple citizenship
Military service for dual nationals can be an issue of concern. Several countries have entered into a "Protocol relating to Military Obligations in Certain Cases of Double Nationality" established at The Hague, 12 April 1930. The protocol states "A person possessing two or more nationalities who habitually resides in one of the countries whose nationality he possesses, and who is in fact most closely connected with that country, shall be exempt from all military obligations in the other country or countries. This exemption may involve the loss of the nationality of the other country or countries." The protocol has several provisions.
Expatriation Act of 1907
This act was an attempt by Congress to resolve issues related to the status of citizenship, including those Americans living outside the United States, married women, and children born outside the country to American citizens. A particular concern during the last half of the nineteenth century was that of dual citizenship. During this period, several countries had established laws which gave their nationality to alien wives of male citizens. Did this then grant dual citizenship to American women married to men from these countries?
Logan Brown
He is a dual citizen of the United States and Canada.
United States nationality law
One circumstance where dual citizenship may run counter to expectations of government agencies is in matters of security clearance. For example, any person granted a Yankee White vetting must be absolutely free of foreign influence, and for other security clearances one of the grounds that may result in a rejected application is an actual or potential conflict of national allegiances.
Tax advantage
However, there are international limitations regarding tax advantages realized through pensions plans. If a person with dual citizen in the United States and in the United Kingdom, they may have tax liabilities to both. If this person is living in the United Kingdom, their pension could have tax advantages in the UK, for example, but not in the US. Even though a UK pension may be exempt from UK tax, it doesn’t necessarily mean that it is exempt from US taxes. In short, a US Tax payer with dual citizenship may have to pay taxes on the gains from the UK pension to the United States government, but not the United Kingdom.
United States passport
By law, a valid unexpired U.S. passport (or passport card) is conclusive (and not just "prima facie") proof of U.S. citizenship, and has the same force and effect as proof of United States citizenship as certificates of naturalization or of citizenship, if issued to a U.S. citizen for the full period allowed by law. U.S. law does not prohibit U.S. citizens from holding passports of other countries, though they are required to use their U.S. passport to enter and leave the U.S.
Citizenship of the United States
Non-citizen nationals of the United States may reside and work in the United States without restrictions, and may apply for U.S. citizenship under the same rules as permanent U.S. residents. Both of these groups are not allowed to vote in federal or state elections, although there is no constitutional prohibition against their doing so. Every national of the United States statutorily transmits nationality to children born outside the United States.
Nationality law of the Federated States of Micronesia
Article III, Section 3 of the Constitution, as well as 7 FSMC § 201, prohibit dual citizenship, stating that "A citizen of the Federated States of Micronesia who is recognized as a citizen of another nation shall, within 3 years of his 18th birthday, or within 3 years of the effective date of this Constitution, whichever is later, register his intent to remain a citizen of the Federated States and renounce his citizenship of another nation. If he fails to comply with this Section, he becomes a national of the Federated States of Micronesia."
Burkinabe nationality law
Burkinabé citizens are permitted to hold dual citizenship.
United States passport
United States law permits dual nationality. Consequently, it is permissible to have and use a foreign passport. However, U.S. citizens are required to use a U.S. passport when leaving or entering the United States. This requirement extends to a U.S. citizen who is a dual national.
Surrogacy
The citizenship and legal status of the children resulting from surrogacy arrangements can be problematic. The Hague Conference Permanent Bureau identified the question of citizenship of these children as a "pressing problem" in the Permanent Bureau 2014 Study (Hague Conference Permanent
Bureau, 2014a: 84-94). According to U.S. Department of State, Bureau of Consular Affairs, for the child to be a U.S. citizen one or both of the child's genetic parents must be a U.S. citizen. In other words, the only way for the child to acquire U.S. citizenship automatically at birth is if he/she is the biological son or daughter of a U.S. citizen. Further, in some countries, the child will not be a citizen of the country in which he/she is born because the surrogate mother is not legally the parent of said child. This could result in a child being born without citizenship.
Joseph Carens
In short, there is a conflict between these rising questions and objections on one hand, and on the other hand the positive sides of dual citizenship. Dual citizenship enables people who have substantial ties to more than one political community because of their residence, place of birth, family ties to protect their vital human interests in each of them.
Family reunification
Citizens and permanent residents of the United States may sponsor relatives for immigration to the United States in a variety of ways. Citizens of any age may sponsor their spouses and their children, but only citizens who have reached the age of 21 may sponsor siblings and parents. (The Supreme Court decision "United States v. Windsor" ruled in 2013 that same-sex spouses must be treated the same as opposite-sex spouses.) Permanent residents may only sponsor spouses and unmarried children. The sponsor must demonstrate the capacity to support their relative financially at 125% of the poverty level.
United States nationality law
Although all U.S. citizens are also U.S. nationals, the reverse is not true. As specified in , a person whose only connection to the U.S. is through birth in an outlying possession (which is defined in as American Samoa and Swains Island (which is administered as part of American Samoa)), or through descent from a person so born, acquires U.S. nationality but not U.S. citizenship. This was formerly the case in only four other current or former U.S. overseas possessions.
Austrian nationality law
An Austrian citizen who acquires another citizenship by voluntary action automatically loses Austrian citizenship. The exception is in cases where permission to retain Austrian citizenship has been obtained in advance. This may be difficult to obtain, as the aim of the lawgiver is to reduce the number of dual citizenships granted. Exceptions are made for situations where it is in the interest of the Republic of Austria to grant this dual citizenship (e.g. when somebody is a celebrity in arts, sports, science, economy etc.), or in situations where the citizen would suffer hardship due to not having the second citizenship. If, for example, an Austrian citizen wants to obtain U.S. citizenship because he/she lives in the U.S. and, without a U.S. citizenship, would lose their green card due to being made to travel more than 180 days per year by their employer, then if they apply for permission to retain Austrian citizenship, that request is usually granted and has become almost a formality.
Identity documents in the United States
For citizens who acquire United States citizenship not by virtue of being born in the United States, the federal government issues a Certificate of U.S. Citizenship or Certificate of Naturalization, which are documents that function similarly to a birth certificate. These two documents, along with a U.S. passport, are by law one of the few primary documents for proving U.S. citizenship. These certificates are normally not carried on a day-to-day basis; instead, they are used to procure other documents, such as a passport or driver's license, which are then carried and used as a primary means of identification.
Citizenship of the United States
The Immigration and Nationality Act of 1952 (INA) made a minor distinction between U.S. citizenship and U.S. nationality. Citizenship comprises a larger set of privileges and rights for those persons that are U.S. citizens which is not afforded to individuals that are only U.S. nationals by virtue of their rights under the INA. It is well-established that all U.S. citizens are U.S. nationals but not all U.S. nationals are U.S. citizens.
Americans
Americans are nationals and citizens of the United States of America. Although nationals and citizens make up the majority of Americans, some dual citizens, expatriates, and permanent residents, may also claim American nationality. The United States is home to people of many different ethnic origins. As a result, American culture and law does not equate nationality with race or ethnicity, but with citizenship and permanent allegiance.
Chilean nationality law
Chile allows dual citizenship.
Latvian nationality law
Dual citizenship is not prohibited by Latvian citizenship law. According to the amendments to the Citizenship Law which came into force on 1 October 2013, citizenship of Latvia may be retained for persons who have acquired the citizenship of:
Children of citizens of Latvia may hold dual citizenship with any country. Some countries, such as Japan, however, do not permit their nationals to also, after reaching adulthood, hold a foreign citizenship. A dual Latvian-Japanese national must declare, to Japan's Ministry of Justice, his or her intention as to which citizenship to keep, before turning 22.
Master Nationality Rule
During the Cold War era, the United States signed consular agreements with certain Warsaw Pact countries providing that a U.S. citizen who entered that country with a U.S. passport and the appropriate visa would not be subsequently treated as a citizen of that country (and hence prevented from leaving). The Warsaw Pact countries involved (notably Poland) wished to encourage tourism from emigrants and their descendants settled in the U.S. Since the dissolution of the Warsaw Pact in 1991, many of those countries have abolished visa requirements for U.S. citizens thus nullifying those provisions (for detailed discussion see under Dual citizenship of Poland).
Dual intent
Dual intent is a United States immigration law concept. It generally refers to the fact that certain U.S. visas allow foreigners to be temporarily present in the U.S. with lawful status and immigrant intent. This allows those visa holders, particularly H-1B professionals, to enter the U.S. while simultaneously seeking lawful permanent resident status (green card status) at a port of entry. Otherwise, visa holders may be presumed to have immigrant intent and can be kept from entry (summarily excluded) as a matter of law.
Multiple citizenship
Some have questioned whether allowing dual citizenship impedes cultural assimilation or social integration, increases disconnection from the political process, and degrades national or civic identity/cohesiveness.
Zydrunas Ilgauskas
Ilgauskas became a United States citizen in 2014. Due to that, he lost his Lithuanian citizenship, as the country limits the possibility of dual citizenship.
Section 44 of the Constitution of Australia
Compared to other Anglosphere nations, this is an unusual law. Neither the British Parliament nor the US Congress, both of which served as models for the Australian Parliament, forbid dual citizens from holding office. Canada and New Zealand similarly have no prohibitions on MPs holding dual citizenship.
New Zealand nationality law
New Zealand has permitted dual or multiple citizenship since the creation of New Zealand citizenship on 1 January 1949, although dual citizens who actively acquired or exercised their other citizenship could lose their New Zealand citizenship if their continued citizenship was judged "not conducive to the public good". The modern wording is similar; dual citizens may lose New Zealand citizenship by acting "in a manner that is contrary to the interests of New Zealand". A New Zealand citizen who holds another citizenship may renounce their New Zealand citizenship (see below), although this may not be registered if they reside in New Zealand or the country is at war.
Security clearance
Dual citizenship is associated with two categories of security concerns: foreign influence and foreign preference. Dual citizenship in itself is not the major problem in obtaining or retaining security clearance in the USA. If a security clearance applicant's dual citizenship is "based solely on parents' citizenship or birth in a foreign country", that can be a mitigating condition. However, "exercising" (taking advantage of the entitlements of) a non-U.S. citizenship can cause problems. For example, possession and/or use of a foreign passport is a condition disqualifying from security clearance and "is not mitigated by reasons of personal convenience, safety, requirements of foreign law, or the identity of the foreign country" as is explicitly clarified in a Department of Defense policy memorandum which defines a guideline requiring that "any clearance be denied or revoked unless the applicant surrenders the foreign passport or obtains official permission for its use from the appropriate agency of the United States Government". This guideline has been followed in administrative rulings by the Department of Defense (DoD) Defense Office of Hearings and Appeals (DOHA) office of Industrial Security Clearance Review (ISCR), which decides cases involving security clearances for Contractor personnel doing classified work for all DoD components. In one such case, an administrative judge ruled that it is not clearly consistent with U.S. national interest to grant a request for a security clearance to an applicant who was a dual national of the United States and Ireland. DOHA can rule on issues involving the granting of security clearances.
Diane Lee
On 16 January 2009, the American Institute in Taiwan issued a letter to clarify that under United States nationality law, a person may lose U.S. citizenship by committing certain acts with the intention of losing U.S. citizenship, as long as the person's conduct after the said act is consistent with that of a non-U.S. citizen. Lee's lawyer Lee Yung-jan argued that this supported Lee's earlier statement that she had automatically lost U.S. citizenship upon taking office, and that her subsequent conduct such as travelling to the U.S. on a Republic of China passport instead of a United States passport confirmed her intention to lose citizenship. However, the Central Election Commission revoked Lee's status as an elected official in February 2009. The CEC allowed Lee to keep over NT$8.6 million in election subsidies because the Election and Recall Act for Public Servants did not preclude natural-born dual citizens from running in local elections. Foreign citizenship must only be renounced before the oath of office is administered. Her name appeared in the Internal Revenue Service's Quarterly Publication of Individuals Who Have Chosen to Expatriate in the final quarter of 2009.
List of naturalized American citizens
Citizenship of the United States of America can be acquired in different ways, one of those being naturalization.
Multiple citizenship
On the other hand, Israel may view some dual citizens as desirable candidates for its security services due to their ability to legitimately enter neighbouring states which are closed to Israeli passport holders. The related case of Ben Zygier has caused debate about dual citizenship in Australia.
Executive Order 13769
The United Kingdom's Foreign and Commonwealth Office issued a press release that the restrictions apply to those traveling from the listed countries not those that merely have their citizenship. The confusion led companies and institutions to take a more cautious approach; for example, Google told its dual-national employees to stay in the United States until more clarity could be provided. On January 31 the State Department updated the restrictions to allow persons holding dual citizenship to enter the US provided they possessed a US visa and entered using a passport from an unrestricted country.
European Free Trade Association
Since each EFTA and EU country can make its own citizenship laws, dual citizenship is not always possible. Of the EFTA countries, Iceland and Switzerland allow it (in Switzerland, the conditions for the naturalization of immigrants vary regionally), but Norway only in exceptional cases, and Liechtenstein only for citizens by descent, but not for foreigners wanting to naturalize.
Accidental American
Many accidental Americans who become aware of their U.S. citizenship status begin looking into ways of renouncing or relinquishing it. Although it is possible for children to acquire U.S. citizenship "accidentally" without any voluntary action on their part, under current law they cannot lose that citizenship status accidentally or automatically as adults; instead, they must take voluntary action to give it up. United States nationality law () formerly provided for automatic loss of U.S. citizenship by dual citizens resident abroad, but this was repealed by the Immigration and Nationality Act Amendments of 1978 (; ).
Birthright citizenship in the United States
Another problem arises where a Canadian child, born to Canadian parents in a U.S. border hospital, is treated as a dual citizen and added to the United States tax base on this basis despite having never lived, worked nor studied in that nation. While Canadian income tax is only payable by those who reside or earn income in Canada, the U.S. Internal Revenue Service taxes its citizens worldwide. Campobello Island is particularly problematic as, while legally part of New Brunswick, the only year-round fixed link off the island leads not to Canada but to Lubec, Maine—leading to many Canadians whose families have lived on Campobello for generations not being able to claim to be born in Canada.
Relinquishment of United States nationality
People who relinquish U.S. citizenship generally have lived abroad for many years, and nearly all of them are citizens of another country. Unlike most other countries, the U.S. does not prohibit its citizens from making themselves stateless, but the State Department strongly recommends against it, and very few choose to do so. It is usually impossible to relinquish citizenship while in U.S. territory, and courts have rejected arguments that U.S. state citizenship or Puerto Rican citizenship give an ex-U.S. citizen the right to enter or reside in the U.S. without the permission of the U.S. government. Like any other foreigner or stateless person, an ex-U.S. citizen requires permission from the U.S. government, such as a U.S. visa or visa waiver, in order to visit the United States.
British nationality law
A number of other countries do not allow multiple citizenship. If a person has British nationality and is also a national of a country that does not allow dual nationality, the authorities of that country may regard the person as having lost that nationality or may refuse to recognise the British nationality. British nationals who acquire the nationality of a country that does not allow dual nationality may be required by the other country to renounce British nationality to retain the other citizenship. None of this affects a person's national status under UK law.
United States nationality law
Adult citizens of the United States who are residents of one of the 50 states or the District of Columbia (Washington, D.C.) have the right to participate in the political system of the United States, as well as their state and local governments, (with most states having restrictions on voting by persons convicted of felonies, and a federal constitutional prohibition on naturalized persons running for President and Vice President of the United States), to be represented and protected abroad by the United States (through U.S. embassies and consulates), and to live in the United States and certain territories without any immigration requirements.
Felons can vote in over 40 states, and in at least 2 while incarcerated. Felons can also serve jury duty if approved.
Relinquishment of United States nationality
In the early 20th century, the State Department and the Immigration and Naturalization Service clashed on the question of whether parental action could result in loss of citizenship of minor children. Though the Attorney-General favored the State Department's view that it could, in 1939 the Supreme Court held in "Perkins v. Elg" that a citizen born in the U.S. did not lose her own citizenship when her parents, both naturalized Americans of Swedish origin, returned to Sweden and her father renounced his American citizenship. In the 2010s, the U.S. Consulate in Calgary ruled that Carol Tapanila, an American-born Canadian woman who had renounced her own U.S. citizenship, could not renounce on behalf of her developmentally disabled son; the son was also ruled unable to renounce on his own due to his inability to understand the concept of citizenship or renunciation, thus leaving him permanently subject to U.S. taxation on gains in his Canadian government-funded Registered Disability Savings Plan.
Colombian nationality law
Nevertheless, certain government positions are barred for those with dual citizenship. For example, career diplomats may not hold dual citizenship as per Colombian law, but an individual with dual citizenship might be appointed to a diplomatic position, but will not acquire career rights.
United States Passport Card
A citizen or national is allowed to hold both a card passport and a booklet passport. A passport in either form entitles its holder to apply for the other form (or both forms) as a "renewal" by mail at the end of its validity period.
United States nationality law
A person's record of birth abroad, if registered with a U.S. consulate or embassy, is proof of citizenship. They may also apply for a passport or a Certificate of Citizenship as proof of citizenship.
Indian Americans
Unlike many countries, India does not allow dual citizenship. Consequently, many Indian citizens residing in U.S., who do not want to lose their Indian nationality, do not apply for American citizenship (ex. Raghuram Rajan).
Indian nationality law
In response to persistent demands for dual citizenship, particularly from the diaspora in North America and other developed countries, the "Overseas Citizenship of India" (OCI) scheme was introduced by amending "The Citizenship Act, 1955" in August 2005. The scheme was launched during the Pravasi Bharatiya Divas convention in Hyderabad in 2006. Indian authorities have interpreted the law to mean a person cannot have a second country's passport simultaneously with an Indian one — even in the case of a child who is claimed by another country as a citizen of that country, and who may be required by the laws of the other country to use one of its passports for foreign travel (such as a child born in the United States or in Australia to Indian parents), and the Indian courts have given the executive branch wide discretion over this matter. Therefore, Overseas Citizenship of India is not an actual citizenship of India and thus, does not amount to dual citizenship or dual nationality or anyone no longer to use Indian IDs after OCI. Moreover, the OCI card is not a substitute for an Indian visa and therefore, the passport which displays the lifetime visa must be carried by OCI holders while travelling to India. OCI Cards are now being printed without the lifelong “U” Visa Sticker (which is normally pasted on the applicant's passport). The proof of lifelong visa will be just the OCI Card which will have “Life Time Visa” printed on it. The OCI Card will be valid with any Valid Passport. However, countries may consider the OCI as dual citizenship: for example, the UK government considers that, for purposes of the British Nationality Act 1981, "OCI is considered to be citizenship of another State".
Passport
Although all U.S. citizens are also U.S. nationals, the reverse is not true. As specified in , a person whose only connection to the U.S. is through birth in an outlying possession (which is defined in as American Samoa and Swains Island, the latter of which is administered as part of American Samoa), or through descent from a person so born, acquires U.S. nationality but not U.S. citizenship. This was formerly the case in only four other current or former U.S. overseas possessions.
International Traffic in Arms Regulations
This means that a person who was born in the UK but is a U.S. permanent resident working in the U.S. for a U.S. company will be considered a U.S. person only (under the definition of "US person"). If, however, the same person emigrated to Canada, obtained Canadian citizenship and commenced employment with a Canadian company, she would be treated as a Canadian-UK Dual National for the purposes of any U.S. export authorization to which her employer was a party. If she did not obtain Canadian citizenship but instead became a temporary or permanent Canadian resident, she would be treated as a UK Third Country National for the purposes of such U.S. export authorization.
Emirati diaspora
Emirati nationality law does not offer dual citizenship, hence those who become citizens of other countries have to give up their UAE nationality. The giving up of UAE citizenship is generally frowned upon in Emirati society. Government figures show that around 250 Emiratis became British citizens between 1990 and 2012, while a few others also gained American and Western citizenships over the years. Most such cases are typically of those who have been settled in their resident countries for long periods, or have married foreign spouses.
Lawful permanent residents (United States)
Green-card holders married to non-U.S. citizens are able to legally bring their spouses and minor children to join them in the USA, but must wait for their priority date to become current. The foreign spouse of a green-card holder must wait for approval of an "immigrant visa" from the State Department before entering the United States. Due to numerical limitation on the number of these visas, the wait time for approval may be months or years. In the interim, the spouse cannot be legally present in the United States, unless he or she secures a visa by some other means. Green-card holders may opt to wait to become U.S. citizens, and only then sponsor their spouses and children, as the process is much faster for U.S. citizens. However, many green-card holders can choose to apply for the spouse or children and update their application after becoming a U.S. citizen.
Afroyim v. Rusk
The "Afroyim" decision opened the way for a wider acceptance of dual (or multiple) citizenship in United States law. The Bancroft Treaties—a series of agreements between the United States and other nations which had sought to limit dual citizenship following naturalization—were eventually abandoned after the Carter administration concluded that "Afroyim" and other Supreme Court decisions had rendered them unenforceable.
Houry Gebeshian
She maintains dual citizenship of America and Armenia.
Israeli citizenship law
Israel allows its citizens to hold dual (or multiple) citizenship. A dual national is considered an Israeli citizen for all purposes, and is entitled to enter Israel without a visa, stay in Israel according to his own desire, engage in any profession and work with any employer according to Israeli law.
Relinquishment of United States nationality
In absolute terms, few people relinquish U.S. citizenship or citizenship of any other developed country; in almost all countries, the number of people who give up citizenship each year is small relative to the total number of citizens abroad, let alone the total number of citizens in that country. In a 2017 study of citizenship relinquishments in twenty-eight countries, mostly OECD members, the U.S. came in sixth place in relative terms (i.e. relinquishers as a proportion of citizens abroad), behind Singapore, South Korea, Taiwan, Estonia, and Japan; and second in absolute numbers behind South Korea. The study author noted that emotional factors and prohibitions on dual citizenship may affect the rates of citizenship relinquishment, and that military conscription may explain the high rates in the other top countries besides the United States. Peter Spiro notes that most countries with military conscription provide exemptions for non-resident citizens. Regardless of the reasons, even for South Korea, the top country, only about 0.7% of citizens abroad relinquish each year, while for the U.S. the rate is only about 0.1%, though in both cases unreliability of population figures for citizens abroad means the rates are open to question. One former Foreign Service Officer, noting that State Department estimates of the population of U.S. citizens abroad have grown from 3.2 million in 2004 to 9 million in 2017, cautions that these estimates were "generated to justify consular assets and budget" and so "may be self-serving".
Nationality
Dual nationality is when a single person has a formal relationship with two separate, sovereign states. This might occur, for example, if a person's parents are nationals of separate countries, and the mother's country claims all offspring of the mother's as their own nationals, but the father's country claims all offspring of the father's.
Diane Nukuri
She became a U.S. citizen in 2017. She holds dual citizenship from both Burundi and the United States.