Can You Have Dual Citizenship in the USA?

By Vania Stefanova Reviewed by Luis C. Villarroel

Hand holding 2 passports with pink background

Dual citizenship, also known as dual nationality, is when an individual has citizenship in two countries simultaneously. In the U.S. context, it means you are a U.S. citizen and a citizen of another country, possessing all the rights and benefits of both countries at the same time.

Dual citizenship is becoming increasingly common due to globalization, relaxed immigration policies, and people seeking new opportunities abroad.
More than 75 percent of the world’s countries recognize dual citizenship.
Children born to parents from different countries or those born in a foreign country to U.S. citizen parents may automatically acquire dual citizenship.
While some countries allow dual citizenship, others restrict or forbid it altogether. The United States, for example, allows dual citizenship.

Dual Citizenship Key Takeaways

Dual citizenship, or dual nationality, means holding citizenship in two countries simultaneously. It’s increasingly common due to globalization and relaxed immigration policies.
The U.S. allows dual citizenship by default. While the U.S. Constitution does not mention dual citizenship, U.S. law and Supreme Court rulings uphold the right to dual nationality.
Confusion exists because dual citizenship is not addressed in the U.S. Constitution. Key Supreme Court cases have clarified that U.S. citizens can hold dual citizenship unless they voluntarily renounce it.
The Oath of Allegiance for naturalized U.S. citizens signifies primary allegiance to the U.S. but does not require renouncing other citizenships. Primary allegiance involves upholding U.S. laws and defending the country.
Dual citizens must comply with the laws of both countries, including obligations like military service and taxation. They should be aware of potential legal conflicts and seek guidance on managing dual obligations.

Dual Nationality Allowed in the USA

The U.S. allows dual citizenship. According to Section 101(a)(22) of the Immigration and Nationality Act (INA), a “national of the United States” includes U.S. citizens and those who owe permanent allegiance to the U.S.

U.S. immigration law allows for dual citizenship by default and does not prevent its citizens from acquiring foreign citizenship through birth, descent, naturalization, or other means. So, U.S. citizens can be citizens of another country without losing their U.S. citizenship.

Why are Citizens Confused about Dual Citizenship in the U.S.?

Many people are confused about whether U.S. citizens can have dual citizenship because there is no mention of dual citizenship in the U.S. Constitution. The 14th Amendment says, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” That’s the only part of the Constitution that talks about citizenship.

Dual citizenship laws can be complex and may change, so it’s crucial to consult official sources such as embassies or consulates for the most accurate and current information.

Dual citizenship is not mentioned in the Constitution, so Congress makes the laws, and the Supreme Court interprets them. The Supreme Court has ruled multiple times that Americans can be dual citizens. Here are some of the critical cases:

Vance v. Terrazas: The Court ruled that having another citizenship doesn’t mean you give up U.S. citizenship.
Vance v. Terrazas: The Court ruled that having another citizenship doesn’t mean you give up U.S. citizenship.

So even if you get another citizenship, you still retain your U.S. citizenship unless you give it up. Other countries may require you to renounce your U.S. citizenship, but the U.S. doesn’t.

How Do You Get Dual Citizenship?

You can become a dual national by:

Being born in the U.S. to parents who are nationals of another country.
Being born outside the U.S. to U.S. citizen parents.
Naturalizing as a U.S. citizen while retaining your original nationality.

Smiling family holding passports at an airport

Oath of Allegiance and Primary Allegiance

The Oath of Allegiance is a part of the U.S. naturalization process. When new citizens take this oath, they promise to be loyal to the United States. This can be confusing for people who already have citizenship in another country. They might wonder if they have to give up their original citizenship or if they must be more loyal to the U.S. Here are the key points:

Giving Up Previous Citizenship: Taking the Oath of Allegiance does not mean you must give up your previous citizenship. The U.S. allows people to have dual citizenship, so you can keep your original nationality while becoming a U.S. citizen.
Primary Allegiance: The Oath of Allegiance means that your main loyalty is now to the United States. You promise to support the U.S. Constitution and laws, defend the country, and be faithful to the U.S. However, how this affects you can depend on your personal situation and the laws of your other country.

What is meant by Primary Allegiance to the U.S.?

The Oath of Allegiance says, “Renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty.” Despite the strong language, it doesn’t mean you must formally give up your other nationalities.

It means your primary allegiance is to the United States. U.S. law allows dual citizenship, so while a naturalized citizen must prioritize U.S. laws and interests, they don’t have to give up their foreign citizenship unless required by the other country.

Real-World Issues and FAQ’s

Many questions arise for all dual citizens in the nation. Here are some helpful answers to all these frequently asked questions considering real-world issues.

Why is there so much dual citizenship confusion?

There’s confusion because the U.S. Constitution doesn’t mention dual citizenship, so it’s up to Congress and the Supreme Court to make the laws. Historical Supreme Court cases have ruled that U.S. citizens can be dual citizens, but public understanding varies. U.S. immigration law does not prohibit dual nationality.

Will I lose my original nationality if I become a U.S. citizen?

Some countries like China and India automatically cancel your original citizenship if you become a U.S. citizen. Check the laws of your home country before applying for U.S. citizenship to know the implications. Additionally, ensure that your home country recognizes dual citizenship with the United States.

Do I have to choose between my U.S. and foreign citizenship?

U.S. law doesn’t require citizens to choose between U.S. citizenship and another nationality. You can have both, but you must obey the laws of both countries and may have conflicting obligations.

What are the benefits of dual citizenship?

The benefits of dual citizenship are:
1. Work Opportunities: Dual citizens can work in both countries without work visas.
2. Unrestricted Travel: They can travel abroad for extended periods without special permits.
3. Family Immigration: Dual citizens can sponsor relatives for U.S. green cards.
4. Voting Rights: They can vote in both countries’ elections depending on the other country’s laws.
5. Educational Access: They can attend schools in both countries without international student fees.
6. Public Benefits: They can access public benefits in both countries if they are eligible. Canadian citizenship offers similar advantages, such as access to social programs and healthcare.

What are the obligations of dual citizens in the U.S.?

The obligations of dual citizens in the U.S. are:
1. Tax Obligations: Dual citizens have obligations in the United States, and their other countries pay U.S. taxes on worldwide income and may face double taxation unless there’s a tax treaty.
2. Legal Disclosures: They must disclose past legal issues when applying for citizenship.
3. Military Service: U.S. male citizens must register with the Selective Service System.
4. Jury Duty: All U.S. citizens, including dual nationals, must serve on juries if called.

How do I manage my tax obligations as a dual citizen?

To avoid double taxation, many countries have tax treaties in place. Dual citizens must manage tax obligations in both the U.S. and the foreign country. Understanding these treaties and being compliant with tax obligations in both countries is critical. For example, a U.S. citizen living and earning income in Canada may benefit from the U.S.-Canada tax treaty to not pay taxes on the same income in both countries.

Real-World Example: John is a dual U.S. and Canadian citizen living in Toronto. He must file taxes in both the U.S. and Canada. However, the U.S.-Canada tax treaty allows him not to pay taxes on the same income.

Can dual citizens own property in both countries?

Yes, dual citizens can own property in both countries. Some countries only allow property ownership to citizens. As a citizen of two countries, you can buy property in either or both countries.

Do dual citizens have to serve in the military in both countries?

Some countries require mandatory military service. Dual citizens must navigate the obligations in both countries to avoid legal issues. For example, U.S. male citizens must register with the Selective Service System. If the other country also requires military service, they should seek legal advice to understand their obligations.

Real-World Example: Anna is a dual U.S. and South Korean citizen and must serve in the military in South Korea. She consults with lawyers in both countries to comply without losing her U.S. citizenship.

What happens if a dual citizen gets in legal trouble in another country?

U.S. dual nationals may not have the same consular protections as others. If detained in the country of their other nationality, U.S. consular officials may be unable to assist. For example, if a U.S. dual citizen is in a country with which the U.S. has poor relations, getting help from the U.S. embassy may be challenging.

Front view of a commercial airplane in sky

Travel Considerations for Dual Nationals

Travelers with dual nationality should be aware of specific requirements and potential challenges when traveling.

Requirements for U.S. Citizens with Dual Nationality

As a dual national, you must:

Enter and leave the U.S. using your U.S. passport.
Obtain a U.S. passport for your U.S. citizen child to enter or depart the U.S.
File U.S. tax returns on your worldwide income, and possibly state tax returns.
Report foreign bank accounts holding over $10,000.

Potential Challenges

Different countries have varying laws on dual nationality, which can affect:

Entry and Exit Requirements: You may need to use the passport or ID of your other nationality when entering or leaving certain countries. Some countries also require exit visas.
Exit Bans: These can prevent you from leaving a country due to legal disputes or investigations.
Limited U.S. Assistance Abroad: If you don’t use your U.S. passport, local authorities may not recognize your U.S. citizenship.
Military Service: Some countries may require you to serve in their military.
Registration: You may need to register your dual national status in some countries.
Prohibition of Dual Nationality: Some countries don’t allow dual nationality and may require you to renounce one.

Research the laws of the countries where you hold nationality or plan to travel to ensure compliance and avoid complications. You can find more information and legal assistance through U.S. embassies and consulates.

Countries That Don’t Allow Dual Citizenship

Some countries don’t allow their citizens to be dual citizens. Below is the list of countries that don’t:

China: Revokes citizenship if another nationality is acquired.
India Does not allow dual citizenship; Indian citizens must renounce Indian citizenship upon acquiring another.
Japan: Requires you to choose one nationality by the age of 22.
Norway: Historically, it didn’t allow dual citizenship, but recent changes allow it under certain circumstances.
Singapore: Citizens must renounce their other citizenships.
Austria: Generally doesn’t allow dual citizenship except in exceptional cases.

These countries prohibit dual nationality and require renunciation of other citizenships.

Countries That Allow Dual Citizenship

Many countries allow dual citizenship, so you can keep your original citizenship and acquire a new one. Below are the countries that allow dual citizenship:

United States: Allows dual citizenship with no renunciation of other nationalities.
Canada: No restrictions.
United Kingdom: Allows dual citizenship, and British citizens can get other nationalities.
Australia: Allows dual citizenship, and Australians can hold multiple nationalities.
Germany: Allows dual citizenship for EU citizens and under certain circumstances.
France: Allows dual citizenship, and individuals can keep their French nationality.
Mexico: Allows dual citizenship for those who acquire other nationalities after birth.
Philippines: Allows dual citizenship for natural-born Filipinos who reacquire Filipino citizenship.
Italy: Allows dual citizenship, and Italians can hold other nationalities.
Ireland: Allows dual citizenship, and Irish nationals can acquire and retain other nationalities.

Individuals can obtain dual citizenship in these countries through various methods, such as naturalization and descent.

Dual Nationality in War

Dual nationality, while offering benefits like broader travel opportunities and cultural connections, presents unique challenges during wartime. Individuals with citizenship in two countries at war can find themselves caught in a precarious situation, facing difficult choices and potential legal ramifications.

Military Obligations: Some countries require mandatory military service from their citizens, regardless of their residence. A dual national from a country at war with their country of residence may face a difficult choice: fulfill their military service obligation or risk legal consequences in their country of residence.
Travel Restrictions: During wartime, travel restrictions may be imposed on citizens of opposing countries. Dual nationals could face limitations on entering or exiting either country.
Confiscation of Assets: In extreme cases, wartime tensions can lead to the confiscation of assets belonging to citizens of the opposing country. Dual nationals may risk losing property or investments in their country of origin.
Detention and Espionage Suspicion: Dual nationals residing in a country at war with their country of origin may be viewed with suspicion and face heightened scrutiny from authorities. Detention or accusations of espionage could become a concern.

Legal and Practical Issues

Dual citizenship can get complicated during times of war or conflict between the countries of a dual national. The individual may be subject to the laws and obligations of both countries, leading to conflicting demands. For example, a dual citizen may be required to serve in the military of both countries. This scenario raises many questions and issues, such as:

What happens if a dual citizen is required to serve in the military of both countries during a war?

U.S. law requires all male citizens to register with the Selective Service System, which can lead to mandatory military service if drafted. If a dual citizen’s other country also requires military service, they are in a tough spot. Consult with lawyers in both countries to navigate this.

Are dual citizens traitors during a conflict?

During the war, a dual citizen may be accused of dual loyalty or even treason. This is a tricky issue that requires legal and personal consideration. The U.S. expects its citizens to owe allegiance to it, but the dual national’s other country may have similar expectations.

How does dual citizenship affect consular protection during conflicts?

U.S. dual nationals may have limited consular protection. If detained in the country of their other nationality, U.S. consular officers may be unable to assist. For example, if a U.S. dual citizen is in a country with which the U.S. has strained relations, getting help from the U.S. embassy may be tricky.

International Law and Dual Nationals

International law offers some protections for dual nationals in wartime. The 1930 Hague Convention on Certain Questions Relating to the Conflict of Nationality aims to prevent individuals from being forced to serve in the armed forces of both countries during wartime. However, the effectiveness of these protections can vary depending on the specific circumstances of the conflict.

How to Manage Dual Citizenship Responsibilities?

Dual citizenship offers a wealth of benefits, but it also comes with responsibilities in both countries. Here’s a guide to help you navigate the complexities of managing those responsibilities:

Taxation

To avoid double taxation, many countries have tax treaties. Understanding these treaties and complying with tax obligations in both countries is crucial. For example, a U.S. citizen living and earning income in Canada may benefit from the U.S.-Canada tax treaty to not pay taxes on the same income in both countries.

Real-World Example: John, a dual U.S. and Canadian citizen, lives in Toronto. He has to file taxes in both the U.S. and Canada. However, the tax treaty between the two countries allows him not to pay taxes on the same income. Additionally, obtaining dual citizenship may have tax implications that must be managed carefully.

Legal Responsibilities

Some countries may require military service. Understanding the obligations of both countries can avoid legal issues.

Real-World Example: Anna, a dual U.S. and South Korean citizen has to do mandatory military service in South Korea. She consults with lawyers in both countries to comply without jeopardizing her U.S. citizenship.

Friends celebrating outdoors with American flags

Legal and Financial Guidance for Dual Citizens: Navigating the Complexities

Dual citizenship, the privilege of holding citizenship in two countries, unlocks a world of possibilities: enhanced travel freedom, broader career opportunities, and deeper cultural connections. However, this unique status comes with a layer of legal and financial complexities that require careful navigation.

Legal Considerations

The legal considerations require:

1. Understanding Citizenship Laws

Dive deep into the citizenship laws of both countries. This includes:

Obligations: Unpack tax requirements, military service commitments, voting rights, and potential
restrictions on dual citizenship.

Conflicts: Identify areas where the laws of your two countries might clash, particularly concerning
taxation, military service, and inheritance.

2. Seek Expert Guidance from Professionals

Consult with immigration attorneys in both countries. An immigration lawyer can advise on the naturalization process and dual citizenship rules. A tax advisor can help you file taxes, manage obligations in both countries, and navigate tax treaties. They can provide tailored advice on:

Naturalization Process: If you are acquiring citizenship in a new country, understand the naturalization process and its implications for your existing citizenship.

Dual Citizenship Regulations: Gain clarity on specific rules governing dual citizenship in each country. These may include residency requirements, registration procedures, and potential limitations.

Conflict Resolution: Develop strategies to address potential conflicts arising from your dual status, such as differing tax codes or conflicting military service obligations.

3. Treaties and Agreements

Research any existing treaties or agreements between your two countries. These can offer valuable insights on issues like taxation, military service, and social security benefits.

4. Wartime Considerations

In the unfortunate event of your countries becoming involved in a conflict, understand your legal obligations and limitations based on dual citizenship. International law may offer some protections, but seeking professional guidance from an immigration attorney specializing in such situations is crucial.

Financial Considerations

Financial Considerations include:

1. Tax Planning

Dual citizens are subject to a complex tax landscape.

Tax Treaties: Explore tax treaties between your countries to reduce tax burdens potentially or eliminate double taxation.

Tax Specialists: Consult with a tax specialist versed in dual citizenship taxation. They can develop a compliant and efficient tax filing strategy for both countries. This includes staying informed about any changes in tax laws or relevant treaties.

2. Financial Reporting

Be aware of any financial reporting requirements for foreign assets or income, especially if you are a U.S. citizen. This could involve filing Forms 8938 or FBAR with the IRS.

3. Investment Strategies

Investment opportunities and regulations can differ significantly between countries. Research investment options with an awareness of potential tax implications for dual citizens. Consider seeking advice from a financial advisor familiar with dual citizenship complexities.

4. Estate Planning

Develop a comprehensive estate plan that considers inheritance laws in both countries. This ensures your assets are distributed as intended and minimizes potential tax burdens for your beneficiaries. Consulting with an estate planning attorney specializing in dual citizenship is highly recommended.

Proactive Management, Research, and Resources

Check official government websites regularly for updates on dual citizenship rules and requirements. Join community organizations that support immigrants and dual citizens for help and resources:

Government Websites

Both your countries’ government websites are valuable resources for regulations, updates, and resources specifically for dual citizens.

Community Organizations

Connect with community organizations that support immigrants and dual citizens. These organizations can offer:

Support Groups: Connect with individuals facing similar challenges and share experiences.
Resource Sharing: Access valuable information on legal requirements, financial services, and navigating cultural differences.
Advocacy: Stay informed about legislative changes impacting dual citizens and participate in advocacy efforts to protect your rights.

Ready to Explore Dual Citizenship?

Dual citizenship offers many benefits, including living and working in two countries, accessing public services, and traveling freely. However, it also comes with responsibilities such as tax obligations and disclosure. It’s crucial to understand the laws in both the U.S. and your other country of nationality before pursuing dual citizenship.

To make informed decisions and fully enjoy the benefits, consult with our experts. For personalized advice and the latest information, reach out to Herman Legal Group at 1-216-696-6170. We’re here to guide you every step of the way.

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