THE DYNAMICS OF DUAL CITIZENSHIP IN THE UNITED STATES

DUAL CITIZENSHIP IN THE UNITED STATES

In today’s world, where countries are more connected than ever, having two citizenships is becoming more common. These folks, known as dual citizens, get to enjoy the perks, culture, and economic opportunities of both countries but also have to follow the laws of each one.

Essentially, a dual citizen is someone who holds passports from two different nations. For example, a Brit might also be an American. These folks are fully in good standing in both places. They get to vote, live, and work wherever they like without hassle. They are also covered by two different sets of laws.

Right now, there are 193 countries in the United Nations, and each one has its own rules for how you can get citizenship. If you were born somewhere else but plan to become American, you should definitely look into what your own country thinks about having more than one citizenship.

That is because even though the US says dual citizenship is fine, it might not be allowed in your country. So, checking your local laws before you go through the naturalization process is a good idea. An immigration lawyer can help you figure out what to do.
If you are freaked out about the idea of dual citizenship in the US, here are some important things you should know.

Who is a dual citizen?

If you are someone who has citizenship in more than one country, you are a dual citizen. But, you still have to follow the same rules and enjoy the same rights as if you were born in one of those countries. It is key to remember that being a dual citizen is a bit of a tricky situation that comes with its own list of duties.

Every country has its own way of deciding who counts as a “national.” For instance, in the US, anyone who is “loyal to the United States of America” is considered a national. But, if you are a dual citizen, another country can still apply its laws to you.

Overview on dual citizenship in the US

When you are a citizen of a country, you get to enjoy a bunch of rights and responsibilities, like voting in elections, running for office, buying property, and staying or working there for as long as you like. If you are a dual citizen, all of these rights and responsibilities apply to you in both countries.

For many immigrants, becoming a US citizen is a huge deal—it means they have reached the end of their journey to a new home. If you weren’t born in the US, the only other way to do this is to go through the naturalization process.

Usually, the number of people applying to become US citizens goes up right before an election, and with the 2024 race on the horizon, it might be no different. For years, a lot of people in the US didn’t really approve of dual citizenship, and they often put it in the crosshairs during campaigns.

The popular opinion was that dual citizens didn’t care as much about the US as those who were born there. But the real deal is, the law in the US doesn’t actually ban dual citizenship, and the Supreme Court has even said so a bunch of times.

Can you be a citizen of two countries in the US?

Absolutely! The US lets its naturalized citizens keep their original citizenship without having to give it up. The law doesn’t disapprove to having dual citizenships. Even the Supreme Court has agreed that people have the right to be citizens of two countries at once.
However, whether you can be a dual citizen might depend on where you come from. Different countries have different rules. For instance, some places like Canada, Italy, and the US itself don’t ban it, while others like China do.

Also, you might lose your original citizenship when you become a US citizen unless you specifically ask not to. In other situations, you might have to formally request to keep your original citizenship.

That is why it is a smart move to get help from an immigration lawyer who can check the laws of your home country before you decide to become a US citizen.

Why do people still question if US citizens can have dual citizenship?

Even though it is allowed in the US, many still question if Americans can be citizens of two countries. Here are three main reasons:
It is not directly stated in the US Constitution.
The 14th Amendment says you are automatically a US citizen once you are born or naturalized in the US and under its control. It doesn’t talk about having dual citizenship, but that is what many people are curious about. Since the Constitution doesn’t cover this, it is up to Congress to create laws and the Supreme Court to interpret them. The Court has made two important decisions on this, which support the idea that US citizens can have dual citizenship.
The law itself doesn’t mention it.

The Immigration and Nationality Act (INA) is the main US immigration law, and it doesn’t prevent Americans from becoming citizens of more than one country. The US Department of State clarifies that the law doesn’t call for choosing one citizenship over the other, and a US citizen can become a citizen of another country without losing their US citizenship. The law expects a dual citizen to follow both countries’ laws.

So, the answer is yes, you can be a US citizen and another country’s citizen. It is not against the law.

The oath taken by people who become US citizens.

When someone becomes a US citizen, they have to take an oath. This oath is pretty clear about what it means to be an American. It goes like this: “I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen…”
A lot of people thinking about becoming US citizens worry about this. The oath mentions giving up your old citizenship, which can make you feel like you are swapping one for the other. But, when it comes to the law, it has been said that it is all about your intentions, which means no one will ask you to give up your other citizenship.

Getting dual citizenship

There is no special form for getting dual citizenship. It is just like any other way for people from other countries to become US citizens.
Before you go ahead with getting dual citizenship, it is a good idea to talk to your country’s embassy or consulate to see if you are allowed to have dual citizenships and what the rules are. You don’t want to end up losing your US citizenship without knowing, so checking with your embassy is a must.

Once you have the green card, you will need to make sure you meet all the US rules for becoming a citizen. This usually takes about 18.5 to 24 months.

If you are a kid of a US citizen, there are different rules for becoming a citizen, and you might not have to wait as long as 3 to 5 years. You can start your application for citizenship with Form N-400. You might need to add some extra documents, like birth certificates, marriage certificates, etc.

The good part about having dual citizenship

If you are a dual citizen, you get the perks of being a citizen in two places. For example, you might be able to vote in both countries or get cheaper school fees if the law says so.

You can use two passports: one from the US and one from another country. This makes it easy to hop between the two places without needing a visa for long stays or having to answer extra questions about why you are traveling when you cross borders.
You can also visit both countries without any trouble and can even live there. This is handy for seeing family, doing business, or going to school. Plus, you can own property in both places. In some countries, like Mexico, you can only own property in certain spots.

The not-so-great parts of having dual citizenship

Even though you get all the good stuff from both countries, you also have to deal with the bad stuff. For example, you could lose your US citizenship if a third country makes you an officer in a war against the US. But, different countries handle this in their own ways.
You might also end up paying taxes twice. The US wants you to pay taxes to both countries, no matter where you make money. But, some countries have deals with the US to stop this double taxation.
For instance, if you are a dual citizen of New Zealand or Canada, you might not have to pay taxes twice. However, you might still need to file tax returns, so it is a good idea to talk to an immigration lawyer.
You could also run into problems getting certain jobs. For example, some government jobs might not let you in because you are a dual citizen and need a security clearance.

Get help?

The rules about dual citizenship are tricky and hard to get your head around. The process to get dual citizenship can be confusing, especially if you are not used to US immigration laws.
But, that doesn’t mean you shouldn’t try. If you or someone you know has questions about getting dual citizenship, reach out to Gehi and Associates. We can give you the right advice for your situation.