Dual Citizenship

Dual Citizenship/Nationality

Dual Nationality is the simultaneous possession of two citizenships.

While dual nationality can provide the individual with many benefits, such as the ability to live, travel and work freely in the other country, it can also impose burdens, including military service, taxes, loyalty, etc. It is not uncommon for individuals to possess not just dual nationality, but multiple nationalities. A foreign country may claim a person as a citizen of that country if:

1. The Person was born there;
2. His or Her  parent or parents (and sometimes grandparents) are or were citizens of that country or;
3. The Person is a naturalized U.S. citizen but is still considered a citizen under that country’s laws.

The oath of allegiance taken during the Naturalization process to become a U.S. citizen doesn’t mean the foreign country does not still regard such person as a citizen of their country.

Currently the  U.S. Nationality Laws does not expressly address the issue of dual nationality, but the U.S. Supreme Court has stated that dual nationality is a “status long recognized in the law” and that “a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both.

Although the U.S government recognize the existence of dual citizenship, it does not encourage it as a matter of policy because of the problems it may cause.
Dual nationality may hinder efforts by the U.S. Government to provide diplomatic and consular protection to individuals overseas.
When a U.S. citizen is in the other country of their dual nationality, that country has a predominant claim on the person.

Navigating Consular Support for Dual Nationals in Foreign Countries

The U.S government will Often Intervene on behalf of United States Citizens abroad and make representations on their behalf to provide consular protection and services regardless of dual nationality status to the extent permitted by the host country. In such situation the U.S government’s ability to assist maybe limited.

When a person who is a dual national is residing in either of the countries of nationality, the person owes primary allegiance to that country, and that country has the right to assert its claim without interference from the other country. In the absence of agreements between the United States and the second country, the situation can be complicated. If a dual national encounters difficulties while residing in the second country, the U.S. government may not accept assistance. The government may or may not recognize their representations on the individual’s behalf.

Dual nationals using a passport from their other country may face challenges abroad. The host country might not recognize the U.S. for consular services, treating them solely as nationals of the other country.

If a U.S. citizen has dual nationality but is not a citizen of the host country, the second country may provide protective services. The host country may allow consular services only from the nation whose passport they used to enter.