Consulate General, Edinburgh
Dual Nationality
What Is It?
In the 1980's, the Supreme Court ruled that U.S. citizenship is a constitutional right that cannot be taken away from a citizen who does not intend to relinquish it. They 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).
Therefore, such actions as naturalization in a foreign country, travel on a foreign passport, employment with a foreign government, and voting in a foreign election do not automatically jeopardize American citizenship.
Note: By law, all U.S. citizens must enter and depart the United States on U.S. passports, regardless of any other nationality they may hold.
How Is Dual Nationality Acquired?
Dual nationality occurs because each country has its own laws on the acquisition of nationality. Individuals may acquire dual nationality, not by choice, but by automatic operation of these different and sometimes conflicting laws.
The United States is no exception, and our laws provide for acquisition of U.S. citizenship by birth in the U.S. and also by birth abroad to an American. For example, a child born abroad to U.S. citizens may acquire American citizenship at birth, as well as the nationality of the country in which the child 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 as adults. For example, a U.S. citizen may acquire another nationality merely by marrying a citizen of certain foreign countries. Also, some countries do not recognize naturalization in a foreign state as grounds of loss of citizenship, and a person from one of those countries who is naturalized in the United States keeps the nationality of the country of origin.
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 may cause loss of U.S. citizenship under Section 349(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1481). In order for loss of nationality to occur under this section, it must be established that the naturalization was obtained with the intention of relinquishing U.S. citizenship. Such an intention may be shown by a person's statements or conduct. If the person had no such intention when applying for and obtaining the foreign citizenship, the person will retain both nationalities.
If you naturalize in another country, you are advised to attach a statement to your next U.S. passport renewal that you did so without the intention of relinquishing your U.S. citizenship. This will help protect your U.S. citizenship in the future.
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