Dual Citizenship

This means a person can be a citizen of the United States and another country, like Canada, Mexico, or the Philippines.

In today’s interconnected world, being a part of more than one country is becoming more common. These “dual citizens” experience both countries’ benefits, cultural experiences, and economic opportunities. But at the same time, they are responsible for following two national laws. Once a person becomes a dual citizen, they have legal rights and obligations in their home country and the United States.

This article explains dual citizenship in the United States. Learn how to obtain dual citizenship and its responsibilities and risks. You can also talk to an immigration attorney near you. A lawyer can advise on how foreign laws interact so you don’t jeopardize your status in either country.

Getting Dual Citizenship

A person residing in the United States may get dual citizenship through various means, such as:

• Being born in the United States to immigrant parents
• Being born in their country of birth outside the U.S. to one parent who is a U.S. citizen and another parent who is a citizen of another country
• Becoming a naturalized U.S. citizen while maintaining citizenship in another country
• Regaining citizenship in a country of origin after becoming a naturalized U.S. citizen

Foreign nationals who want American citizenship may have to navigate the immigration process via the U.S. Citizenship and Immigration Services (USCIS). The U.S. consular office in the home country can also handle immigration processing.

If you hold several passports, renewing and using them appropriately in each country is crucial. In the U.S., this might mean you must use your U.S. passport when entering the country. Understanding the eligibility requirements for dual citizenship is crucial. You should also follow specific rules to maintain your dual citizenship status.

Responsibilities and Benefits of Dual Citizenship

People with dual citizenship can enjoy various benefits. That includes full citizenship rights in more than one country. They can also avail themselves of the protections under each country’s citizenship laws.

American citizens are exempt from deportation, unlike noncitizens. But dual citizens also have responsibilities to the countries of their nationality. This includes paying income tax in more than one country. They may also be required to follow particular national laws, like registering for the Selective Service in the United States.

Migrants with second citizenship in another country should maintain their lawful permanent resident status. Their green card usually represents their lawful permanent residency in the U.S. This is to avoid possible legal complications such as deportation or removal.

Not all countries allow dual citizenship. Thus, consulting an immigration attorney who can offer professional advice on immigration laws is advisable. They can also assist with processing visas with the USCIS. Immigration attorneys can also give support with the citizenship test or English test.

Recognition of Dual Citizenship in the U.S.

While the U.S. does not explicitly promote dual citizenship, it acknowledges and accepts this status. U.S. law does not require a person to choose U.S. nationality over another nationality. Thus, U.S. citizens may obtain naturalization abroad without risking their U.S. citizenship.

But naturalized U.S. citizens need to abide by U.S. laws. This rule applies whether they have dual citizenship. A dual citizen may carry a foreign passport, vote in another country’s election, or run for public office. They can do all these without forfeiting their U.S. citizen status.

However, such actions could be interpreted as an intent to renounce U.S. citizenship, resulting in the loss of this status.

Loss of Citizenship Due to Dual Citizenship

A U.S. citizen may lose their nationality by engaging in acts intended to relinquish their U.S. citizenship. These acts include:

• Being naturalized in a foreign country after applying for naturalization
• Taking an oath of allegiance to another country or affirming or declaring allegiance to another country
• Serving the armed forces or military service to a foreign country in either of these two cases: (1) that a foreign country is at war with the United States; or (2) the person serves as a commissioned or non-commissioned officer
• Accepting a position in the government of a foreign country or its subdivision
• Renouncing your U.S. citizenship in the U.S. embassy of a foreign country
• Writing a renunciation of U.S. nationality before an Attorney General
• Committing treason against the United States, attempting to overthrow the government by taking up arms, or waging war against the U.S. government

Unsure About Dual Citizenship? Get Legal Help

The laws regulating dual nationality can be challenging to understand. The processing can be overwhelming, especially for those without a background in U.S. law. But uncertainty should not deter you from pursuing dual citizenship.

If you or your family member has questions about a dual citizenship application, contact an immigration attorney near you. They can provide you with information that is tailored to your case.

FindLaw’s directory of immigration attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings, languages spoken, and whether they offer free consultations.