U.S. Policy on Dual
Nationality
The Department of State is responsible for
determining the citizenship status of a person located outside the
United States or in connection with the application for a U.S.
passport while in the United States. The following information
explains dual nationality and U.S. citizenship, including
circumstances where U.S. citizenship may be lost.
What is dual nationality?
Dual nationality is the simultaneous
possession of two citizenships. When a person is naturalized in a
foreign state (or otherwise possesses another nationality) and is
thereafter found not to have lost U.S. citizenship, the individual
consequently may possess dual nationality. It is prudent, however,
to check with authorities of the other country to see if dual
nationality is permissible under local law. The United States does
not favor dual nationality as a matter of policy, but does recognize
its existence in individual cases. 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 mean that he renounces the other. These concepts apply also
to persons who have more than two nationalities.
How is dual
nationality acquired?
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 independent 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 he/she
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.
Current law and policy
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, under limited circumstances, 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 eighteen 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. As discussed below, in most cases it is
assumed that Americans who are naturalized in other countries intend
to keep their U.S. citizenship. As a result, they 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. While recognizing the existence of
dual nationality and permitting Americans to have other nationalities, the
U.S. Government does not endorse dual nationality as a matter of
policy because of the problems that it may cause. Claims of other
countries upon dual-national U.S. citizens often place them in
situations where their obligations to one country are in conflict
with the laws of the other. In addition, their dual nationality may
hamper efforts to provide diplomatic and consular protections to
them when they are abroad.
Allegiance to which
country?
It is generally considered that while dual
nationals are in the country of which they are citizens that country
has a predominant claim on their allegiance. As with Americans who
possess only U.S. citizenship, dual national U.S. citizens owe
allegiance to the United States and are obliged to obey its laws and
regulations. Such persons usually have certain obligations to the
other country as well. Although failure to fulfill such obligations
may have no adverse effect on dual nationals while in the United
States because the other country would have few means to force
compliance under those circumstances, dual nationals might be forced
to comply with those obligations or pay a penalty if they go to the
country of their other citizenship. In cases where dual nationals
encounter difficulty in a foreign country of which they are
citizens, the ability of U.S. Consular Officers to provide
assistance may be quite limited since many foreign countries may not
recognize a dual national's claim to U.S. citizenship.
Which passport to use?
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. (One of these
exceptions permits a child under the age of 12, who is included in
the foreign passport of a parent who has no claim to U.S.
citizenship, to enter the United States without a U.S. passport,
provided the child presents evidence of his/her U.S. citizenship
when entering the United States.) Dual nationals may be required by the other country of which they are
citizens to enter or leave that country using its passport, but do
not endanger their U.S. citizenship by complying with such a
requirement.
How to give up dual
nationality?
Most 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. Information on renouncing a foreign
nationality may be obtained from the foreign country's Embassies and
Consulates or from the appropriate governmental agency in that
country. 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)]. Information on renouncing U.S.
citizenship may be obtained from U.S. Embassies and Consulates and
the Office of Consular Services, Department of State, Washington,
D.C. 20520.
Furthermore, an American citizen who is
naturalized as a citizen of another country voluntarily and with
intent to abandon his/her allegiance to the United States may so
indicate their intent and thereby lose U.S. citizenship. See below
for further information. For further information on dual
nationality, see Marjorie M. Whiteman's Digest of International Law
(Department of State Publication 8290, released September 1967),
Volume 8, pages 64-84.
Potentially expatriating
acts / Loss of citizenship
Section 349 of the
Immigration and Nationality Act, as amended, states that U.S.
citizens are subject to loss of citizenship if they perform certain
acts voluntarily. Briefly stated, these acts include:
(a)
obtaining naturalization in a foreign state (Sec. 349(a)(1), INA);
(b) taking
an oath, affirmation or other formal declaration of allegiance to a
foreign state or its political subdivisions (Sec. 349(a)(2), INA);
(c)
entering or serving in the armed forces of a foreign state engaged
in hostilities against the U.S. or serving as a commissioned or
non-commissioned officer in the armed forces of a foreign state
(Sec. 349(a)(3), INA);
(d)
accepting employment with a foreign government if: (i) one has or
acquires the nationality of that foreign state; or (ii) a
declaration of allegiance is required in accepting the position
(Sec. 349(a)(4), INA);
(e)
formally renouncing U.S. citizenship before a U.S. consular officer
outside the United States (Sec. 349(a)(5), INA);
(f)
formally renouncing U.S. citizenship within the U.S. (but only in
time of war) (Sec. 349(a)(6), INA);
(g)
conviction for an act of treason (Sec. 349(a)(7), INA).
Administrative standard of
evidence
The actions listed above can cause loss of
U.S. citizenship only if performed voluntarily and with the
intention of relinquishing U.S. citizenship. 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 routine
declarations of allegiance to a foreign state, or accept non-policy
level employment with a foreign government. (See note on
policy-level employment, below.)
Disposition of cases
when an administrative premise is applicable.
In the following cases, a person need not
submit prior to the commission of a potentially expatriating act a
statement or evidence of his or her intent to retain U.S.
citizenship since such intent will be presumed:
(1)
The person is naturalized in a foreign country;
(2)
The person takes a routine oath of allegiance; or
(3)
The person accepts non-policy level employment with a foreign
government and in so doing wishes to retain U.S. citizenship,
When such cases come to the attention of a
U.S. consular officer, for example, the person concerned applies for
a new passport, he/she is required to submit with the application a
supplementary explanatory signed statement to ascertain his/her
intent towards U.S. citizenship.
Accordingly, 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. Evidence of how and when the foreign nationality was
acquired should be presented with the statement.
Disposition of cases
when an administrative premise is inapplicable.
The premise that a person intends to retain
U.S. citizenship is not applicable in the following cases when the
individual:
(1)
formally renounces U.S. citizenship before a consular officer;
(2)
takes a policy level position in a foreign state;
(3) is
convicted of treason; or
(4)
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.)
What is policy level
employment?
As a general rule, policy level
employment would include, but not be limited to, the following high
government positions: head of state or government, member of a
national legislature, top positions in
executive agencies, and diplomatic representatives down to even
relatively low positions.
Persons who wish to
relinquish U.S. citizenship
An individual who has performed any of the
acts made potentially expatriating by statute who wishes to lose
U.S. citizenship may do so by affirming in writing to a U.S.
consular officer that the act was performed with intent to
relinquish U.S. citizenship. This can be done by signing a
"Statement of Voluntary Relinquishment of U.S. Nationality" in the
presence of a U.S. consular officer, or by submitting a signed
statement executed before a Notary Public or a Court Magistrate. In
any case, evidence of foreign citizenship (original copy) and U.S.
citizenship must be presented to a U.S. consular officer as outlined
above. A person always has the option of seeking to formally
renounce U.S. citizenship in accordance with Section 349(a)(5), INA.
Please consult the U.S. Embassy for details. We strongly recommend
that a person who wishes to sign the "Statement of Voluntary
Relinquishment of U.S. Nationality" do so before a consular officer,
to ensure that the statement is clear and unequivocal as to the
person's intent. With respect to renunciation, in every case the
renunciation must be done in person before a consular officer.
Applicability of
administrative premise to past cases
The premise established by the administrative
standard of evidence is applicable to cases previously adjudicated
by the Department. Persons who previously lost U.S. citizenship may
wish to have their cases reconsidered in light of this policy. A
person may initiate such reconsideration by submitting a request to
the nearest U.S. consular office or by writing directly to:
Chief, East Asia and Pacific Division
Office of American Citizens Services
(CA/OCS/ACS/EAP), Room 4811
Department of State
Washington D.C. 20520-4818
Each case will be reviewed on its own merits
taking into consideration, for example, statements made by the
person at the time of the potentially expatriating act.
Dual national children
By U.S. laws, even if your children also hold
foreign nationality, they are required to enter and depart the
United States on a valid U.S. passport at all times. They should not
enter the United States on a foreign passport or on U.S. visa waiver
program.
Further information can be found at:
http://philippines.usembassy.goand at
http://travel.state.gov
Photocopied Applications (including
those downloaded from internet)
A photocopied application form may be used
provided it includes all
sides of the application, is clearly legible and contains no
additions, deletions or omissions. It should also contain original
signatures.
The Philippine Dual
Nationality Act
Please refer to the official website of the
Philippine government for detailed information regarding the
Philippine Dual Nationality Act. http://www.gov.ph
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