Dual Nationality Under U.S. Law

[Adam Starchild]

DUAL NATIONALITY UNDER U.S. LAW

The Supreme Court of the United States 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. The
mere fact that he asserts the rights of one citizenship does not
without more mean that he renounces the other", Kawakita v. U.S.,
343 U>S>717 (1952).
Dual nationality results from the fact that there is no
uniform rule of international law relating to the acquisition of
nationality. Each country has its own laws on the subject, and
its nationality is conferred upon individuals on the basis of its
own domestic policy. Individuals may have dual nationality not
by choice but by automatic operation of these different and
sometimes conflicting laws.
The laws of the United States, no less than those of other
countries, contribute to the situation because they provide for
acquisition of U.S. citizenship by birth in the United States and
also by birth abroad to an American, regardless of the other
nationalities which a person might acquire at birth. For
example, a child born abroad to U.S. citizens may acquire at
birth not only American citizenship but also the nationality of
the country in which it was born. Similarly, a child born in the
United States to foreigners may acquire at birth both U.S.
citizenship and a foreign nationality.
The laws of some countries provide for automatic acquisition
of citizenship after birth, for example, by marriage. In
addition, some countries do not recognize naturalization in a
foreign state as grounds for loss of citizenship. A person from
one of those countries who is naturalized in the United States
keeps the nationality of the country of origin despite the fact
that one of the requirements for U.S. naturalization is a
renunciation of other nationalities.
The current nationality laws of the United States do not
specifically refer to dual nationality.
The automatic acquisition or retention of a foreign
nationality does not affect U.S. citizenship; however, the
acquisition of a foreign nationality upon one's own application
or the application of a duly authorized agent may cause loss of
U.S. citizenship under Section 349(a)(1) of the Immigration and
Nationality Act [8 U.S.C. 1481(a)(1)].
In order for loss of nationality to occur under Section
349(a)(1), it must be established that the naturalization was
obtained voluntarily by a person 18 years of age or older with
the intention of relinquishing U.S. citizenship. Such an
intention may be shown by the person's statements or conduct,
Vance v. Terrazas, 444 U.S. 252 (1980). If the U.S. government
is unable to prove that the person had such an intention when
applying for and obtaining the foreign citizenship, the person
will have both nationalities.
United States law does not contain any provisions requiring
U.S. citizens who are born with dual nationality to choose one
nationality or the other when they become adults. This is a
popular misconception.
Section 215 of the Immigration and Nationality Act (8 U.S.C.
1185) requires U.S. citizens to use U.S. passports when entering
or leaving the United States unless one of the exceptions listed
in Section 53.2 of Title 22 of the Code of Federal Regulations
applies. Dual nationals may be required by the other country of
which they are citizens to enter and leave that country using its
passport, but do not endanger their U.S. citizenship by complying
with such a requirement.
Most (but not all) countries have laws which specify how a
citizen may lose or divest citizenship. Generally, persons who
do not wish to maintain dual nationality may renounce the
citizenship which they do not want. Americans may renounce their
U.S. citizenship abroad pursuant to Section 349(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1481(a)(5).

Copyright 1994 by Adam Starchild.

Posted by Adam Starchild
The Offshore Entrepreneur at http://www.au.com/offshore