What Is a U.S. National?
Section 101(a)(22) of the Immigration and Nationality Act (INA) defines a “national of the United States” as:
- A U.S. citizen, or
- A person who, though not a citizen, owes permanent allegiance to the United States.
In short, all U.S. citizens are also U.S. nationals. However, some individuals are U.S. nationals without citizenship, such as those born in American Samoa or on Swains Island to non-U.S. citizen parents.
What Is Dual Nationality?
Dual nationality occurs when a person is a national of two countries simultaneously. This can happen through:
- Birth in a foreign country to U.S. national or citizen parents,
- Automatic application of different countries’ nationality laws,
- Naturalization in another country, or
- Descent from parents of different nationalities.
Each country establishes its own nationality laws. As a result, a person can acquire dual nationality without formally choosing to do so.
Does U.S. Law Allow Dual Nationality?
Yes. U.S. law does not prohibit U.S. citizens from acquiring foreign nationality. There is no requirement to renounce U.S. citizenship when obtaining another citizenship, whether by birth, descent, marriage, or naturalization.
For example:
- A child born abroad to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.
- Parents may register their child for foreign citizenship if permitted by that country’s laws—U.S. law does not prevent this.
Legal Responsibilities of Dual Nationals
Dual nationals owe allegiance to both countries and must obey the laws of both. This can include:
- Military service obligations,
- Tax requirements, and
- Other legal responsibilities under each nation’s laws.
Conflicting obligations may arise, especially if both countries enforce requirements while the individual is present in one of them.
Travel and Passport Rules
U.S. dual nationals must follow U.S. travel laws, which require:
- Use of a U.S. passport when entering and leaving the United States.
- Use of a foreign passport when entering or leaving another country, if required by that country’s laws.
Using a foreign passport to travel to or from third countries (not the U.S.) does not violate U.S. law.
Limits on U.S. Consular Protection
When in the country of their second nationality, U.S. dual nationals may face limitations on U.S. consular assistance. Some countries do not recognize dual nationality and may restrict or deny access to U.S. consular services.
Conclusion
While dual nationality is recognized under U.S. law, it comes with important legal and logistical considerations. Dual nationals must be aware of obligations in both countries, travel documentation requirements, and the possible limits on U.S. government assistance abroad.
For personalized guidance on how dual nationality may affect your immigration status, consult a qualified U.S. immigration attorney.
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JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
