Yes, the U.S. allows dual citizenship. The United States government recognizes that a person can be a citizen of both the U.S. and another country simultaneously. This status has a long-standing basis in American law, with the Supreme Court of the United States affirming 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.”
Understanding Dual Citizenship
Dual citizenship, also known as dual nationality, means that an individual is a citizen of two countries at the same time. While the U.S. government does not actively encourage dual nationality, it also does not prohibit it. U.S. law does not require a person to choose between their U.S. citizenship and their foreign citizenship.
How Dual Citizenship Arises
Dual citizenship can occur in several ways, often unintentionally:
- Birthright Citizenship (Jus Soli): A child born in the United States to foreign parents automatically acquires U.S. citizenship under the 14th Amendment. If the child's parents are citizens of another country that grants citizenship based on parentage (jus sanguinis), the child may also be a citizen of that country.
- Citizenship by Descent (Jus Sanguinis): A child born outside the U.S. to at least one U.S. citizen parent may acquire U.S. citizenship at birth, even if they also acquire citizenship of the country of their birth or another country through the other parent.
- Naturalization: A foreign national who naturalizes as a U.S. citizen typically does not lose their previous citizenship unless the laws of their country of origin explicitly revoke it upon acquiring a new nationality. Similarly, a U.S. citizen who naturalizes in a foreign country generally retains their U.S. citizenship unless they perform an expatriating act with the intent to relinquish their U.S. nationality.
- Marriage: Marrying a foreign national does not automatically confer or revoke citizenship for either party, but it can be a path to naturalization in certain countries, potentially leading to dual citizenship if original citizenship is retained.
Examples of Dual Citizenship Scenarios
| Scenario | Explanation |
|---|---|
| Birth in U.S. to Foreign Parents | A child born in New York to parents from Country X. The child is a U.S. citizen by birth (Jus Soli). If Country X grants citizenship based on the parents' nationality, the child may also be a citizen of Country X. |
| Birth Abroad to U.S. Parent | A child born in France to a U.S. citizen parent and a French citizen parent. The child can be a U.S. citizen by descent and a French citizen by birth or parentage, depending on French law. |
| Naturalization in U.S. | An individual from Country Y becomes a naturalized U.S. citizen. If Country Y's laws permit dual nationality or do not automatically revoke citizenship upon naturalization elsewhere, the individual can retain their Country Y citizenship while becoming a U.S. citizen. |
| U.S. Citizen Naturalizes Abroad | A U.S. citizen naturalizes in Country Z. If Country Z allows dual nationality and the U.S. citizen does not explicitly renounce their U.S. citizenship with the intent to relinquish it, they retain both citizenships. |
Rights and Responsibilities of Dual Citizens
Dual citizens enjoy the rights and privileges of citizenship in both countries, but they also bear the responsibilities of each.
Key Considerations:
- Loyalty: The U.S. expects undivided loyalty from its citizens. While dual citizens are citizens of two countries, the U.S. government considers them to be solely U.S. citizens when they are within U.S. jurisdiction. Taking the U.S. Oath of Allegiance when naturalizing requires renouncing allegiance to any other foreign state; however, this is generally considered an oath of intent and does not automatically sever foreign nationality unless explicitly acted upon with intent to relinquish.
- Passports: Dual citizens are required to use their U.S. passport when entering or exiting the United States.
- Taxes: U.S. citizens, including dual citizens, are subject to U.S. tax obligations on their worldwide income, regardless of where they reside. This is known as citizen-based taxation.
- Military Service: Dual citizens may be subject to military service requirements in both countries, depending on their respective laws.
- Travel: Travel can be complicated, especially between the two countries of citizenship, or to countries with which one of the citizen's countries has strained relations.
- Holding Office: Some governmental positions in the U.S. may require individuals to renounce their foreign citizenship.
Important Notes
It is important for individuals considering or holding dual citizenship to understand the laws of both countries involved, as the acceptance and implications of dual nationality vary significantly from one nation to another. The U.S. Department of State provides guidance on citizenship and nationality laws.
