THE LAW OFFICES OF MIRIAM B. RIEDMILLER 1819 L ST. NW STE 100 WASHINGTON, DC 20036
Dual Nationality in the United States
Section 101(a)(22) of the Immigration and Nationality Act (INA) states that “the term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.” Therefore, U.S. citizens are also U.S. nationals. Non-citizen nationality status refers only individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States. The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. national parents may be both a U.S. national and a national of the country of birth. Or, an individual having one nationality at birth may naturalize at a later date in another country and become a dual national.
U.S. law does not mention dual nationality or require a person to choose one nationality or another. A U.S. citizen may naturalize in a foreign state without any risk to his or her U.S. citizenship. However, persons who acquire a foreign nationality after age 18 by applying for it may relinquish their U.S. nationality if they wish to do so. In order to relinquish U.S. nationality by virtue of naturalization as a citizen of a foreign state, the law requires that the person must apply for the foreign nationality voluntarily and with the intention to relinquish U.S. nationality. Intent may be shown by the person’s statements and conduct.
Dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries, and either country has the right to enforce its laws. It is important to note the problems attendant to dual nationality. Claims of other countries upon U.S. dual-nationals 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 of the U.S. Government to provide consular protection to them when they are abroad, especially when they are in the country of their second nationality.
U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport to travel to or from a country other than the United States is not inconsistent with U.S. law.
What is Dual Nationality?
Dual nationality means that a person is a national (or citizen) of two countries, having legal rights and obligations in connection with both countries.* While there may be advantages associated with holding dual nationality, such as ease of foreign residency and access to government programs, dual nationals should understand the legal considerations that can make life more complicated.
*A person may hold more than two nationalities, and the same guidance generally applies.
How Do You Acquire Dual Nationality?
You may be a national of another country knowingly or unknowingly even if you do not accept the nationality or hold a passport of that country. A person may acquire dual nationality in one of several ways, including:
- Being born in the United States to one or two parents holding a nationality other than the United States, based on the other country’s citizenship laws;
- Being born outside the United States to one or two U.S. citizen parents, based on the foreign country’s laws;
- Naturalizing as a U.S. citizen while maintaining the nationality of another country; and
- Retaining nationality in a country of origin after naturalizing as a U.S. citizen.
Potential Challenges to Holding Dual Nationality
Countries have different regulations for dual nationals; some countries may not permit dual nationality. U.S. citizens should check with the embassy of any country of which they hold a foreign nationality for relevant nationality laws before travel. Examples of regulations that may impact a dual national include the following:
- Entry and Exit Requirements: When traveling to a country where you have a second nationality, you may be required to enter and depart on a passport from that country or present a valid identity document from that country. Some countries impose specific restrictions on departing nationals, such as the requirement for an exit visa in their passport.
- Exit Bans: Countries may also impose exit bans on dual citizens as an alternative to criminal detention. In some instances, civil or familial disputes can result in an exit ban. Exit bans may be used coercively on individuals who are not themselves facing criminal charges, but as a means to compel an associate or relative under investigation to return abroad to stand trial. Dual nationals subject to an exit ban may not have a way to determine how long the restrictions or investigation may continue. Dual nationals who are subject to an exit ban or prolonged processing of civil documents, often face a significant financial burden. They may face unemployment and unexpected living expenses and fines.
- Limited Assistance Abroad: Local authorities may not recognize your U.S. citizenship especially if you do not enter a 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, even those that do not prohibit dual citizenship, do not explicitly recognize dual citizenship under their laws. U.S. consular officials abroad may not be afforded access to U.S. citizens in detention if they are citizens of the country where they are detained. Some countries, particularly those that do not recognize dual nationality, will not contact the U.S. embassy when a dual national is arrested or detained. Dual nationals who are arrested or detained should request police or prison officials to notify the closest U.S. embassy or U.S. consulate.
- Military Service: U.S. citizens holding dual nationality 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.
- Double Taxation: Dual nationals may be subject to taxation in the United States and in any other country where they hold nationality.
- Registration: Some countries may require you to register your other nationalities.
- Other Restrictions: Some countries have laws that prohibit dual nationality and you may be forced to give up a foreign nationality. Other countries have laws that compel you to give up your nationality through a formal act of renunciation (and even then may not recognize the renunciation).
Filipino-American Dual Citizenship
The Philippine Citizenship Retention and Re-acquisition Law of 2003 (RA 9225)
The Philippine Citizenship Retention and Re-acquisition Law of 2003 (RA 9225) is a privilege accorded only to those in compliance with the law and existing regulations.
If you cannot comply with requirements of RA 9225, then there are other modes of acquiring Philippine citizenship through the naturalization process under the following laws:
- Commonwealth Act No. 743 as amended
- RA 9139 under the Special Committee on Naturalization
If you are a former Filipino that does not want to or cannot apply for dual citizenship but want to stay in the Philippines longer than allowed by the visa waiver agreement, you can do the following:
- Apply for a visa. Check for the visa that you can apply for here
- Avail of the Balikbayan Program. Check the Balikbayan Program here
A dual citizen by birth is a natural born Filipino born in a foreign country allowing/accepting dual nationality/dual citizenship; thus all that person (or parent/s of the person) needs to do is report the birth. If the person was born under this Consulate General's jurisdiction (you check it here) click here for requirements. Otherwise, please check here the Philippine Embassy or Consulate that has jurisdiction over the place of birth.
How does one require Philippine Citizenship under RA 9225?
Natural-born Filipinos who lost their Filipino citizenship through naturalization in a foreign country may re-acquire Philippine citizenship by taking the Philippine Oath of Allegiance before a duly authorized Philippine official. The Philippine Oath of Allegiance does not require a person to renounce his allegiance to any other country.
Natural Born Filipinos
Those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. These are persons:
- Born after January 17, 1973 ,whose fathers or mothers are citizens of the Philippines at the time of their birth;
- Born before January 17, 1973 to (1) a Filipino Father; or (2) a Filipino Mother and,
- That person elects Philippine citizenship upon reaching the age of majority
Note on Election of Filipino Citizenship
The required formalities for electing Philippine citizenship are:
- A statement of election under oath;
- An oath of allegiance to the Constitution and Government of the Philippines; and,
- Registration of the statement of election and of the oath with the nearest Philippine local civil registry.
All of these must be done within a reasonable time after the person attained the age of majority. The phrase reasonable time has been interpreted by the Philippine Supreme Court to mean that the election should be made within three (3) years from reaching the age of majority.
No election of Philippine citizenship shall be accepted for registration under Commonwealth Act No. 625 unless the party exercising the right of election has complied with the requirements of the Philippines' Alien Registration Act of 1950 particularly the registration as an alien living in the Philippines. Also, the person electing Philippine citizenship is required to file a petition with the Bureau of Immigration for the cancellation of his alien certificate of registration based on his election of Philippine citizenship and the Bureau of Immigration will initially decide, based on the evidence presented the validity or invalidity of said election. Afterwards, the same is elevated to the Department of Justice for final determination and review.
Resources
Please check first with your foreign country of birth/naturalization if it allows dual citizenship.