One of the first questions that comes up when people begin to consider dual citizenship is whether or not they risk losing their U.S. citizenship. It’s a good question because if it is not your intent to relinquish your U.S. citizenship when you acquire citizenship of another nation you certainly don’t want to be surprised one day and have your U.S. passport and citizenship revoked.
Dual citizenship often carries with it a lot of stigma. Americans are especially patriotic people and someone who is a U.S. citizen who seeks citizenship from a foreign country can be seen by some to be unpatriotic, untrustworthy, and even un-American.
In fact, holding a foreign passport disqualifies one from holding a security clearance in the U.S. Though, interestingly, being a dual citizen does not.
Because of these reasons, as well as others, dual citizenship can seem mysterious and as is often the case when people don’t understand something they tend to pass along rumors and urban legends rather than facts.
Another reason misinformation abounds surrounding dual citizenship is that in order for a someone to become a naturalized U.S citizen they must take an oath renouncing their previous citizenship. However, if one is born a U.S. citizen they do not need to become naturalized and thus never take such an oath. So even some well meaning immigration attorneys who deal with immigration law for people becoming naturalized U.S. citizens have been known to muddy the waters by giving out incorrect information on the issue of dual citizenship.
This hasn’t been helped by the fact that before the internet age it was often very difficult to find information about dual citizenship. Even today, the US State Department says that U.S. law does not mention dual citizenship which many people falsely assume means it is not allowed.
The fact of the matter is that it is not illegal for a U.S. citizen to hold dual citizenship. In fact, a U.S. citizen can even hold a passport issued by each country s/he is a citizen of though they may be asked to surrender their foreign passport in order to obtain a security clearance as mentioned above.
Probably one of the more notable examples of a dual citizen is actor and current California governor, Arnold Schwarzenegger who holds both U.S. citizenship as well as his original Austrian citizenship.
On the U.S. State Department website it states:
A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth. U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose 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.
If that last sentence scares you please note the importance of the word “and” when it says “and with the intention to give up U.S. citizenship.”
So what does it mean to have the intention to give up U.S. citizenship? Again, the US State Department provides some guidance:
The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to a declaration of allegiance to a foreign state, serve in the armed forces of a foreign state not engaged in hostilities with the United States, or accept non-policy level employment with a foreign government.
So, the default position of the U.S. government is that even if you do any of the above things that could jeopardize your citizenship status that you did not have intent to give up your U.S citizenship. In fact, they go on to say:
When, as the result of an individual’s inquiry or an individual’s application for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. citizen has performed an act made potentially expatriating by Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4) as described above, the consular officer will simply ask the applicant if there was intent to relinquish U.S. citizenship when performing the act. If the answer is no, the consular officer will certify that it was not the person’s intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship.
Essentially, if you obtain dual citizenship, take an oath of allegiance to a foreign state, serve in a foreign army that is not hostile with the U.S., or accept a non-policy level government job with a foreign state you may be asked if it was your intent to give up your U.S. citizenship. If you say that it wasn’t your intent, you will retain your U.S. citizenship.
In fact, especially if you were born a U.S. citizen, it is particularly difficult to lose citizenship. The State Department lists the reasons a U.S. citizen might lose their citizenship. A person may lose their U.S. citizenship if that person:
- formally renounces U.S. citizenship before a consular officer;
- serves in the armed forces of a foreign state engaged in hostilities with the United States;
- takes a policy level position in a foreign state;
- is convicted of treason; or
- performs an act made potentially expatriating by statute accompanied by conduct which is so inconsistent with retention of U.S. citizenship that it compels a conclusion that the individual intended to relinquish U.S. citizenship. (Such cases are very rare.)
Items 2 – 5 probably apply to very few people and it seems unlikely that a person who committed actions where 2 – 5 would apply would much care about their U.S. citizenship anyway unless it were to obtain some legal loophole.
On the other hand, renouncing one’s U.S. citizenship could be done for a variety of reasons. Fortunately or unfortunately, depending on how you look at it, renouncing your U.S. citizenship isn’t that easy to renounce.
We won’t go into detail here but you can read about renouncing your U.S. citizenship here. We’ll leave it by saying that you can actually have your renunciation of U.S. citizenship declined.
There are no actual figures kept on the number of Americans holding dual citizenship but some sources indicate that as many as 40 million Americans may be eligible for EU citizenship alone. And many are taking advantage of their eligibility and obtaining dual citizenship.
Since it is not illegal, and if you are able to obtain citizenship in a desirable country dual citizenship can open up many doors that may be otherwise closed to you.
Disclaimer: The author of this article is not a lawyer nor is he offering specific legal advice. He is merely conferring – to the best of his understanding – what is his understanding of the laws pertaining to dual citizenship. This article should not be relied on as legal advice and anyone thinking of any sort of change in their citizenship status should consult with an appropriately qualified attorney.
Furthermore, obtaining dual citizenship does not release you from any duties as an American citizen which includes – but is not limited to – paying taxes not only on monies earned in the United States but also paying U.S. taxes on monies earned overseas.
Also of note is the fact that this article only deals with the legality of dual citizenship under U.S. law. It may be illegal to hold dual citizenship in the country one is seeking citizenship in. Foreign countries may also have mandatory military and other requirements that must be fulfilled under that country’s citizenship laws. One should consult with an attorney familiar with the rights and duties of citizens of that country before seeking citizenship.
Photo credit: Fikra
The Warning: Is Dual Citizenship Legal for U.S. Citizens? by Emergency Lifestyle, unless otherwise expressly stated, is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.
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