Immigration Law Questions

What is Dual Citizenship?

What is Dual Citizenship?

Dual citizenship, sometimes referred to as dual nationality, occurs when one person holds citizenship from more than one country at one time. The concept is viewed as controversial in many parts of the world, since the core concept of citizenship is allegiance to a specific country.

Dual citizenship is often attained automatically without an intention to do so. Some of the ways an individual may gain dual citizenship include:

• Being born in a foreign country to US citizen parents
• Being born in the US to foreign national parents
• Being born to one US citizen parent and one foreign national parent
• Marrying a foreign national
• Becoming a naturalized citizen while retaining citizenship from your birth country
• Having parents who resume citizenship in a foreign country

Individuals who automatically gain dual citizenship by one of these methods are not at risk of losing their US citizenship. However, US citizenship can be lost by those who purposefully apply for citizenship from another country. In order to lose US citizenship, the individual must voluntarily apply for the new citizenship and must do so with the intent to forfeit US citizenship. The intent can be made known through an individual's actions, such as in cases where a US citizen joins a foreign military which is fighting against the US or swears allegiance to a foreign government.

Some countries may terminate an individual's citizenship once he or she becomes a naturalized US citizen. US laws used to strip an individual maintaining dual citizenship of his or her US citizenship if he or she was an adult (over age 21), sought benefits from the foreign country of his or her dual citizenship and resided in that foreign country for at least three years. However, this law has since been repealed and individuals who lost their US citizenship rights under it may be able to regain them.

Those holding dual citizenship may earn more problems than benefits from their status. For example, they are expected to follow the laws of each country and may be required to pay taxes in both as well. They will need to have valid passports from each country. Also, dual citizens may be expected to fulfill certain residency requirements in each country in order to keep their status current. In some countries, citizenship is required in order to receive certain rights, such as the right to own property or receive government benefits.

The US government generally discourages dual citizenship, but does not disallow it. Other countries, however, may. Individuals considering applying for US citizenship should carefully consider the effects it will have on their current citizenship. To learn more about dual citizenship and its benefits and detriments, contact an experienced immigration lawyer.

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