— Key Takeaways

• The United States recognizes and allows dual citizenship — there is no law requiring U.S. citizens to choose one nationality.
• Dual citizenship can be acquired through birth, naturalization, or parentage.
• Dual citizens have rights and obligations in both countries, including potential tax filing requirements with the IRS.
• U.S. citizens must use a U.S. passport when entering and leaving the United States, even if they hold another passport.
• The naturalization oath of allegiance does not require renunciation of foreign citizenship.

Dual citizenship — the status of being a citizen of two countries simultaneously — is a topic that generates significant interest and confusion. The United States does allow dual citizenship, and millions of Americans hold citizenship in another country alongside their U.S. citizenship. But dual citizenship comes with both rights and responsibilities that every dual citizen should understand. From tax obligations to travel considerations to the impact on security clearances, this comprehensive guide covers everything you need to know about dual citizenship in the United States.

What Is Dual Citizenship?

Dual citizenship (also called dual nationality) means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws, and dual citizenship arises when a person meets the citizenship requirements of two different nations simultaneously.

Citizenship vs. nationality: While these terms are often used interchangeably in casual conversation, they have distinct legal meanings. Citizenship refers to the legal status granted by a country that confers specific rights (such as voting) and obligations (such as jury duty). Nationality is a broader concept that refers to a person’s legal bond with a country, which may or may not include all the rights of citizenship. In U.S. immigration law, for example, nationals of American Samoa are U.S. nationals but not U.S. citizens.

Dual citizenship is not a special status that you “apply for.” Rather, it is a factual situation that exists when two countries each recognize you as their citizen under their respective laws.

Does the United States Allow Dual Citizenship?

Yes. The United States recognizes and permits dual citizenship. According to the U.S. Department of State, “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 country without automatically losing their U.S. citizenship.

While the U.S. government recognizes the existence of dual citizenship, it does not encourage it as a matter of policy. The State Department notes that dual citizenship may “limit U.S. Government efforts to assist nationals abroad” and that “dual nationals owe allegiance to both the United States and the foreign country.”

Importantly, no U.S. law requires you to formally declare or register your dual citizenship status. There is no government database of dual citizens, and the U.S. does not limit the number of citizenships a person can hold simultaneously.

Note on proposed legislation: There have been legislative proposals to restrict dual citizenship, but as of this writing, dual citizenship remains fully legal under current U.S. law.

How to Acquire Dual Citizenship

There are several ways a person can become a dual citizen of the United States and another country:

Birth in the United States

If you are born in the United States, you are automatically a U.S. citizen under the Fourteenth Amendment. If one or both of your parents are citizens of another country, you may also acquire citizenship in that country through parentage (jus sanguinis), creating dual citizenship from birth.

Birth Abroad to U.S. Citizen Parents

If you are born outside the United States to one or both U.S. citizen parents, you may acquire U.S. citizenship at birth under certain conditions (including physical presence requirements for the U.S. citizen parent). You would also likely be a citizen of the country where you were born, resulting in dual citizenship.

Naturalization in the United States

If you are a foreign national who becomes a U.S. citizen through naturalization, you may retain your original citizenship if your home country allows it. The U.S. naturalization oath includes a statement of allegiance to the United States, but it does not legally require you to renounce your foreign citizenship.

Naturalization in a Foreign Country

If you are a U.S. citizen who naturalizes in a foreign country, you do not automatically lose your U.S. citizenship. Under current law, you can only lose U.S. citizenship by performing a specific expatriating act with the intent to relinquish citizenship. Simply naturalizing abroad, without the intent to give up U.S. citizenship, does not result in loss.

Rights and Obligations of Dual Citizens

As a dual citizen, you have rights and obligations in both countries. These can sometimes overlap or conflict.

Rights

• Live and work freely in both countries
• Vote in elections in both countries (subject to each country’s laws)
• Access government services, including healthcare and education, in both countries
• Hold passports from both countries
• Own property in both countries
• Pass citizenship to your children in both countries (subject to each country’s laws)

Obligations

• Passport use: U.S. citizens must use a U.S. passport when entering and leaving the United States, even if they also hold a foreign passport.
• Tax filing: The U.S. taxes citizens on worldwide income, regardless of where they live. Dual citizens must file U.S. tax returns and may need to file FBAR (FinCEN Form 114) and FATCA (Form 8938) reports.
• Jury duty: Dual citizens may be subject to jury duty requirements in both countries.
• Military service: Some countries require military service from their citizens, which could create conflicting obligations for dual citizens.
• Allegiance: You owe allegiance to both countries and must obey the laws of both.

Tax Implications

One of the most significant practical considerations for dual citizens is taxation. The United States is one of the few countries that taxes its citizens on worldwide income, regardless of where they reside.

Key tax considerations for dual citizens:

• Annual tax filing: All U.S. citizens, including dual citizens living abroad, must file annual federal income tax returns with the IRS.
• Foreign Earned Income Exclusion (FEIE): Dual citizens living abroad may qualify to exclude a portion of their foreign-earned income from U.S. taxation.
• Foreign Tax Credit: If you pay taxes to a foreign country, you may be able to claim a credit against your U.S. tax liability to avoid double taxation.
• FBAR reporting: If you have foreign financial accounts with an aggregate value exceeding $10,000 at any time during the year, you must file FinCEN Form 114 (FBAR).
• FATCA reporting: Under the Foreign Account Tax Compliance Act, you may need to report certain foreign financial assets on Form 8938 if they exceed specified thresholds.
• Tax treaties: The U.S. has tax treaties with many countries that may affect your tax obligations and help prevent double taxation.

We strongly recommend consulting a tax professional who specializes in international taxation if you are a dual citizen.

Travel, Military Service, and Security Clearances

Travel Considerations

• Always use your U.S. passport to enter and exit the United States.
• You may use your foreign passport to enter your other country of citizenship.
• Some countries may not recognize your U.S. citizenship while you are on their soil, potentially limiting consular assistance from the U.S. Embassy.
• Certain countries may have mandatory military service or exit visa requirements that apply to their citizens, even dual citizens.

Military Service

Some countries require military service from all citizens. As a dual citizen, you may be obligated to serve in the military of your other country. The U.S. generally does not penalize citizens for serving in a foreign military of a country that is not engaged in hostilities against the United States, but this is a complex area of law.

Security Clearances

Dual citizenship can complicate the process of obtaining a U.S. security clearance. While dual citizenship alone does not automatically disqualify you, adjudicators consider foreign ties as part of the background investigation. In some cases, you may be asked to renounce your foreign citizenship as a condition of receiving a clearance.

Countries That Allow and Prohibit Dual Citizenship

Not all countries allow dual citizenship. Before pursuing dual nationality, it is important to check whether your other country of interest permits it.

Countries that generally allow dual citizenship include: the United Kingdom, Canada, Australia, France, Italy, Mexico, Brazil, South Korea (with conditions), and many others.

Countries that generally do not allow dual citizenship include: China, India (with limited exceptions like OCI status), Japan, Singapore, Saudi Arabia, and others.

Laws change, and each country has nuances and exceptions. Always verify the current citizenship laws of the relevant country before making decisions.

Renunciation of U.S. Citizenship

If you decide that you no longer wish to hold U.S. citizenship, you may formally renounce it by appearing at a U.S. Embassy or Consulate abroad. Renunciation is a serious and generally irrevocable step with significant implications, including potential exit tax liability under the expatriation provisions of the Internal Revenue Code.

How Bay Legal, PC Can Help

Navigating the complexities of immigration law can be overwhelming, but you do not have to do it alone. At Bay Legal, PC, our experienced immigration attorneys provide personalized guidance tailored to your unique situation. Whether you are applying for the first time or dealing with a complex case, we are here to help you understand your options and pursue the best possible outcome.

Contact us today to schedule a consultation:

• Phone: (650) 668-8000
• Email: intake@baylegal.com

 

Frequently Asked Questions

1. Does the U.S. allow dual citizenship?

Yes. The United States recognizes and permits dual citizenship. U.S. law does not require citizens to choose one nationality over another, and naturalizing in a foreign country does not automatically result in loss of U.S. citizenship.

2. What is the difference between nationality and citizenship?

Nationality refers to the legal bond between a person and a country, while citizenship confers specific rights (like voting) and obligations (like jury duty). In U.S. law, nationals of certain U.S. territories (like American Samoa) are U.S. nationals but not citizens.

3. Do I lose my foreign citizenship when I become a U.S. citizen?

It depends on the laws of your home country. The U.S. does not require you to give up foreign citizenship when you naturalize. However, some countries may revoke your citizenship if you voluntarily acquire citizenship in another country.

4. Do dual citizens have to pay taxes in both countries?

The U.S. taxes citizens on worldwide income regardless of where they live. However, tax treaties, the Foreign Earned Income Exclusion, and the Foreign Tax Credit can help reduce or eliminate double taxation.

5. Can I have more than two citizenships?

Yes. U.S. law does not limit the number of citizenships a person can hold. As long as the other countries also allow multiple citizenship, you can hold three or more citizenships simultaneously.

6. Does the naturalization oath require me to renounce foreign citizenship?

The naturalization oath includes a statement of allegiance to the United States, but it does not legally compel you to renounce your foreign citizenship. The U.S. government does not enforce renunciation of foreign nationality as a condition of naturalization.

7. Can dual citizenship affect my security clearance?

Dual citizenship can be a factor in security clearance adjudications. While it does not automatically disqualify you, foreign ties are considered during the investigation. In some cases, you may be asked to renounce your foreign citizenship.

8. How does dual citizenship affect my children?

Your children may acquire citizenship in both countries, depending on the laws of each. In many cases, children born to a dual citizen inherit citizenship in both countries automatically.

9. Can I vote in both countries as a dual citizen?

This depends on each country’s laws. In the U.S., only citizens can vote in federal elections. Some other countries also allow citizens abroad to vote. Check the specific laws of each country.

10. Is there a bill to ban dual citizenship in the U.S.?

A legislative proposal called the Exclusive Citizenship Act of 2025 was introduced, which would ban dual citizenship if enacted. However, this bill has not been signed into law and faces significant legal and constitutional challenges. As of this writing, dual citizenship remains fully legal.

 

Attorney Advertising. This article is for general informational purposes only and does not constitute legal advice. Each immigration case is unique, and results will depend on the specific facts of your situation. Past results do not guarantee future outcomes. For personalized legal guidance, contact Bay Legal, PC. Principal Office: Jayson Elliott, Esq., Bay Legal, PC, 667 Lytton Ave Suite 3, Palo Alto, CA 94301.