What the Law Really Says About Dual Citizenship in the U.S.

U.S. law does not obstruct its citizens' acquisition of foreign citizenship whether by birth, descent, naturalization or other form of acquisition, by imposing requirements of permission from U.S. courts or any governmental agency. If a foreign country's law permits parents to apply for citizenship on behalf of minor children, nothing in U.S. law impedes U.S. citizen parents from doing so.

Likewise, U.S. law does not require a U.S. citizen to choose between U.S. citizenship and another nationality. A U.S. citizen may naturalize in a foreign state without any risk to their U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

U.S. dual citizens owe allegiance to both the United States and the foreign country (or countries, if they are nationals of more than one). They are required to obey the laws of both countries, and either country has the right to enforce its laws. Claims of other countries upon U.S. dual-nationals may result in conflicting obligations under the laws of each country. U.S. dual nationals may also face restrictions in the U.S. consular protections available to U.S. nationals abroad, particularly in the country of their other nationality.

Having citizenship in two or more countries does have advantages, but there are some tradeoffs to consider. Countries have different laws and policies for persons with dual nationalities. In fact, some countries may not permit dual citizenship. Examples of a nation’s laws or policies that may affect a dual citizen include the following:

• Entry and Exit Requirements: When traveling to a country where you have citizenship (while also holding U.S. citizenship), you may be required to enter and depart on a passport from that country. Some countries impose specific restrictions on departing nationals, such as the requirement for an exit visa.
• Exit Bans: Countries may impose exit bans on U.S. and dual nationals for a variety of reasons, such as an alternative to criminal detention or in cases of civil or familial disputes. Some governments may even use exit bans coercively on individuals who are not facing criminal charges themselves, but rather to compel an associate or relative under investigation to return from abroad. Due to the uncertain lengths of these restrictions, exit bans or the prolonged processing of civil documents often create a significant financial burden, including unemployment, unexpected living expenses, and fines.
• Limited U.S. Assistance Abroad: Local authorities may not recognize your U.S. nationality if you are also a national of that country, especially if you did not enter the country using your U.S. passport. The U.S. embassy or consulate’s ability to provide consular assistance may be limited.
• Notification and Access to Detained Dual Nationals: Many countries do not recognize dual nationality under their laws, even if they do not expressly prohibit dual nationality. U.S. consular officials may not be permitted to access U.S. nationals in detention if they are also nationals of the country where they are detained. Dual citizens who are arrested or detained should request that police or prison officials notify the closest U.S. embassy or consulate.
• Military Service: Dual nationals may be subject to mandatory military service in a foreign country. This obligation may be imposed immediately upon arrival or when attempting to depart the country.
• Registration: In some countries, you may be required to register your other nationalities.
• Prohibition of Dual Nationality: Some countries have laws that prohibit dual nationality, and you may be forced to give up a foreign nationality. You could be compelled to do so through a formal act of renunciation.
 

Before applying for dual citizenship, consider these factors. It's worth spending some time researching the dual citizenship laws of the countries in which you currently have dual citizenship, or where you are interested in naturalizing. Laws are different in every country. You may need to check with the embassy of that secondary country. When in doubt, seek the assistance of an immigration attorney who is familiar with that country's laws. Also, access your own comfortable level with the these three possible scenarios for dual citizenship:

• Not Lawful: In a worst case scenario, your country does not allow dual citizenship. If you want to become a citizen of the U.S., you lose your citizenship. For example, nationals of China, India, and Singapore generally lose citizenship when naturalizing as a U.S. citizen.
• Flexible: In some cases, there is a way to mend forfeited citizenship. Some countries have a process to reclaim or retain your citizenship. The Philippines is a notable example.
• Best case scenario: Ideally, your country allows dual citizenship. When you become a U.S. citizen, you will be a citizen of both countries. You can check countries that allow dual citizenship. But remember, the best place to confirm this is your country’s embassy or consulate.

Non-citizens may apply for naturalization once they meet the citizenship requirements. In most cases, individuals are eligible after five years as a permanent resident. Use Form N-400, Application for Naturalization, to apply. There are no special forms or instructions for applicants that already have citizenship in another country.

Ready to start? CitizenPath's service was designed by immigration attorneys to give you an affordable, reliable way to prepare the application. You'll have the ability to prepare Form N-400 from the comfort of your own home knowing that you did everything right. To learn more about pricing and the 100% money-back guarantee, view our Naturalization Package.