What the Law Really Says About Dual Citizenship in the U.S. (2024)

FAQs

What the Law Really Says About Dual Citizenship in the U.S.? ›

U.S. dual citizens owe allegiance to both the United States and the foreign country (or countries, if they are nationals of more than one). They are required to obey the laws of both countries, and either country has the right to enforce its laws.

While the United States allows for dual (or multiple) nationality, there are some requirements that U.S. citizen dual nationals must follow, regardless of whether they hold another nationality: You must enter and leave the United States on your U.S. passport.

U.S. law does not require a U.S. citizen to choose between U.S. citizenship and another (foreign) nationality (or nationalities). A U.S. citizen may naturalize in a foreign state without any risk to their U.S. citizenship.

Nevertheless, U.S. practice, as upheld in various court decisions, is to allow dual citizenship. (You can see this on the U.S. State Department's website, for example, where it explains that: "U.S. law does not . . . require a person to choose one citizenship or another....

Downsides of multiple citizenships

While dual citizens might reduce taxes, they also face double taxation on foreign income or property, depending on national laws. Career restrictions. Some nations prevent dual citizens from government roles or positions like judges, ministers, or deputies. Military service.

Part of the reason is that there is no mention of dual citizenship in the U.S. Constitution. The 14th Amendment in the United States Constitution says, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”

Dual Citizenship in the United States

Dual citizenship had previously been banned in the United States, but in 1967 the US Supreme Court struck down most laws forbidding dual citizenship.

The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad.

Owe allegiance to both the U.S. and a foreign country. Must use a U.S. passport to enter and leave the U.S. Do not have to choose one nationality over the other. As a U.S. citizen, you may naturalize in another country without risking your U.S. citizenship.

For individuals who are dual citizens of the U.S. and another country, the U.S. imposes taxes on its citizens for income earned anywhere in the world. 7 If you live in your country of dual residence that is not the U.S., you may owe taxes both to the U.S. government and to the country where the income was earned.

Does dual citizenship affect social security benefits? ›

The United States generally considers a person with dual U.S. and foreign citizenship a U.S. citizen for Social Security purposes. This does not apply if you are a U.S. citizen and a citizen of a country the United States has an international social security agreement with.

No longer have rights and responsibilities as a U.S. citizen. But you may still be: Subject to tax payments. Eligible for Social Security benefits.

The government does not require naturalized U.S. citizens to give up their citizenship in their country of origin. Although the Oath of Allegiance to the United States speaks of renouncing “allegiance and fidelity” to other nations, U.S. immigration law does not explicitly address the topic of dual citizenship.

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.

A dual nationality (or citizenship) is a legal status that means you're a citizen of two different countries at the same time. In America, it means that you're both a U.S. citizen and a citizen of another country, and you hold passports for both nations.

Most notably, US citizens have no restrictions on obtaining multiple citizenship unless the citizenship can cause significant harm to the country.

Switzerland. Switzerland is one of the easiest countries for US citizens to obtain dual citizenship. The process of naturalization for Swiss citizenship might take upwards of ten years.

If you have a valid U.S. passport book and you meet several requirements, you may be eligible for a second book. A second passport book is valid for four years or less. The new passport will include the same personal information as your other passport.