US Dual Citizenship: The Surprising Truth About Holding Two Passports

It’s a question our team at the Law Offices of Peter D. Chu hears constantly, wrapped in layers of hope, confusion, and rumor: does the US allow dual citizenship? For families spread across continents and professionals with global ambitions, the answer isn't just a piece of trivia—it's a critical factor that shapes lives, careers, and futures. The amount of conflicting information online is genuinely staggering, leaving many people feeling more uncertain than when they started their search.

Let’s clear the air right now. The short answer is yes, the U.S. generally permits its citizens to hold citizenship in another country simultaneously. But honestly, that simple 'yes' is dangerously misleading without a much deeper understanding of the nuances involved. It’s not a straightforward green light. Instead, it’s a complex legal reality filled with unspoken obligations, potential pitfalls, and responsibilities that many new dual citizens are completely unaware of. Since 1981, we've guided countless clients through this exact territory, and our experience shows that understanding the 'why' and 'how' is just as important as knowing the basic rule.

The Official Stance: A Policy of Permission, Not Promotion

First things first: you won't find a U.S. law that explicitly states, "Dual citizenship is officially endorsed." It doesn't exist. The U.S. government doesn't actively encourage dual nationality. The official position is more of a passive acknowledgment. The State Department recognizes that it exists and doesn't take proactive steps to prevent it. This is a significant, sometimes dramatic shift from the country's historical stance, which once viewed dual allegiance with considerable suspicion.

This hands-off approach means that the U.S. government won't force you to choose between your U.S. citizenship and another. However—and this is a massive 'however'—it also means that while you are on U.S. soil, you are treated exclusively as a U.S. citizen. You are subject to all of its laws and obligations, period. Your other citizenship offers no special privileges or exemptions. This is a non-negotiable element that trips people up all the time. They might assume their other nationality provides some sort of buffer. It doesn't. When you're here, you're one of ours, with all the responsibilities that entails.

A Quick Look Back: How We Got Here

Understanding the current policy requires a brief dip into history. For a long time, the prevailing view was that holding another citizenship diluted one's allegiance to the United States. The government could, and often did, strip individuals of their U.S. citizenship for acts that were seen as demonstrating allegiance to a foreign state, like voting in a foreign election or serving in its army.

Everything changed with a series of landmark Supreme Court decisions, most notably Afroyim v. Rusk in 1967. The Court ruled that a U.S. citizen has a constitutional right to remain a citizen unless they voluntarily renounce it. This was a seismic shift. It established the principle that the government cannot take away your citizenship without your express intent to give it up. This ruling is the bedrock upon which modern dual citizenship policy rests. It moved the focus from the act itself (like voting abroad) to the individual's intention behind the act. That's the key.

The Pathways to Dual Citizenship

So, how does one actually become a dual citizen? It's not something you apply for in a single, consolidated process. Instead, it typically happens through a few distinct channels, often automatically.

1. Birth in the United States: This is the most straightforward path. Under the principle of jus soli (right of the soil), nearly everyone born on U.S. territory is a U.S. citizen. If that person's parents are citizens of a foreign country that grants citizenship based on parentage (jus sanguinis), the child can be a dual citizen from the moment of birth. We've seen this scenario play out countless times with clients from all over the world.

2. Birth Abroad to U.S. Citizen Parents: This is the reverse scenario. A child born outside the U.S. to one or more U.S. citizen parents may acquire U.S. citizenship at birth. If the country of birth also grants citizenship, or if the other parent is a citizen of another country, the child can again become a dual national automatically.

3. Naturalization: This is where it gets more interactive. A citizen of a foreign country can go through the process of becoming a naturalized U.S. citizen. If their country of origin allows them to keep their original citizenship, they become a dual citizen upon taking the U.S. Oath of Allegiance. This is the most common path for adults seeking dual nationality, and it’s a core part of our work in helping clients achieve their Citizenship goals.

It's critically important to check the laws of the other country. Some nations, like China, India, or Japan, have laws that automatically revoke a person's citizenship upon their naturalization in another country. We can't stress this enough: U.S. law is only half the equation. You must have a clear understanding of both sets of rules.

The Oath of Allegiance: Unpacking the 'Renunciation' Clause

This is, without a doubt, one of the biggest sources of anxiety for our clients pursuing naturalization. During the ceremony, you must recite an oath that includes the phrase: "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..."

That sounds pretty final, doesn't it? It sounds like you're severing all ties. But in the eyes of U.S. law, this is largely symbolic. The U.S. government understands this oath as a declaration of your primary allegiance to the United States. It does not, in and of itself, have the power to reach into another country's legal system and extinguish your citizenship there. It's a public commitment that your loyalty, should a conflict ever arise, lies with the U.S.

However, some foreign governments may view this oath differently. A handful of countries might interpret your taking of the U.S. oath as a voluntary act of renunciation under their own laws. This is why professional guidance is so important. Before you take that oath, you need to know precisely how your country of origin will react. It’s a step where you absolutely must have all the facts. For anyone serious about this path, it's wise to get clear, expert legal guidance tailored to your visa, green card, or citizenship needs.

The Two Sides of the Coin: Rights and Responsibilities

Living with two citizenships is a balancing act. It comes with a compelling set of benefits but also an equally serious set of obligations. Let's be honest, this is crucial.

The Benefits Are Obvious:

• Freedom of Movement: You can travel, live, work, and study in two countries without needing a visa. The convenience of holding two passports is a massive advantage for global professionals and families.
• Property Ownership: Some countries restrict land or property ownership to citizens. Dual nationality can open up investment opportunities that would otherwise be off-limits.
• Political Engagement: You may have the right to vote and even hold office in both countries (though the latter can have serious implications for your U.S. citizenship, which we'll get to).
• Access to Social Services: You might be eligible for social benefits, like healthcare or education, in both nations.

But the Obligations are Formidable:

• Taxation: This is the big one. U.S. citizens are taxed on their worldwide income, regardless of where they live or where the income is earned. This means that as a dual citizen, you will likely have tax filing obligations in both countries. The U.S. has tax treaties with many countries to avoid double taxation, but the filing requirements themselves can be incredibly complex and burdensome. Our team has found that this is the single most overlooked responsibility.
• Military Service: If your other country of citizenship has mandatory military service, you may be required to serve. While the U.S. doesn't prohibit this, serving in the armed forces of a nation engaged in hostilities against the U.S. is an act that could lead to the loss of your citizenship.
• Passport Usage: This is a strict rule. U.S. law requires that U.S. citizens—including dual citizens—must use a U.S. passport to enter and exit the United States. No exceptions. You can't show up at the border with your other passport and expect to be let in as a citizen. You must use your U.S. passport.

Dual Citizenship Comparison: Key Obligations

To make this clearer, we've broken down some of the core responsibilities. This table highlights how obligations can stack up when you hold dual nationality.

When Can You Actually Lose Your U.S. Citizenship?

This is a topic that causes a lot of fear, but the reality is that losing your U.S. citizenship is incredibly difficult and rare. It cannot be taken from you by accident. Since the Afroyim decision, the law is clear: you must voluntarily perform a potentially expatriating act with the specific intention of giving up your citizenship.

What are these acts? The Immigration and Nationality Act lists several, including:

• Naturalizing in a foreign country (if you do so voluntarily as an adult with the intent to relinquish U.S. citizenship).
• Taking an oath of allegiance to a foreign state (again, with the specific intent to relinquish).
• Serving in the armed forces of a foreign state if that state is engaged in hostilities against the U.S. or if you serve as a commissioned or non-commissioned officer.
• Working for a foreign government if you have that country's nationality or take an oath of allegiance to it.
• Formally renouncing your U.S. citizenship before a U.S. diplomatic or consular officer abroad. This is the only truly unambiguous method.
• Committing an act of treason against the United States.

The key word in almost all of these scenarios is intent. For example, simply voting in a foreign election or accepting a routine government job in your other country is no longer considered grounds for losing your citizenship. The U.S. government presumes that you intend to retain your citizenship unless you explicitly state otherwise. It's a presumption in your favor, but it's not absolute. Navigating these situations requires a careful, unflinching look at the facts of your specific case.

Practical Realities and Complex Scenarios We See Daily

Beyond the black-and-white letter of the law, there are gray areas and practical challenges that dual citizens face. Our experience has shown us a few common pressure points.

One is security clearances. If you're a dual citizen seeking a job with the U.S. government or a contractor that requires a security clearance, you will face intense scrutiny. You'll have to demonstrate that your allegiance to the U.S. is unquestionable. This often involves being willing to surrender your foreign passport and formally state that you will not exercise the rights of your other citizenship. It doesn't mean you have to renounce it, but it creates a complicated and demanding situation.

Another is international travel. What happens if you're in a third country and run into trouble? Which embassy do you call? The answer can be complicated. And what if you are in your other country of citizenship? That country has the right to treat you solely as its own citizen, potentially limiting the U.S. embassy's ability to intervene on your behalf if you are arrested or detained. It’s a harsh reality that many don't consider until it's too late.

We've seen it work. We've also seen it become a source of immense stress when not handled properly. The key is proactive planning and a full understanding of the rules of the road before you embark on the journey.

Navigating This Path with Confidence

The world of dual citizenship is a landscape of incredible opportunity tempered by significant responsibility. It's a status that reflects the increasingly interconnected nature of our world. But it's not something to be entered into lightly. The legal frameworks are sprawling and often unforgiving.

Our firm, the Law Offices of Peter D. Chu, has been dedicated to demystifying these exact kinds of immigration and citizenship complexities for decades. We believe that a successful outcome is built on a foundation of clear, honest, and comprehensive knowledge. It’s about more than just filling out forms; it’s about understanding the long-term implications of your decisions for you and your family.

If you're considering naturalization, or if you're already a dual citizen with questions about your obligations, the wisest first step is to seek counsel from a team that lives and breathes this work. Don't rely on forum posts or outdated advice from a well-meaning relative. The stakes are simply too high.

This isn't just about a passport; it's about your identity, your security, and your future. While the U.S. does allow dual citizenship, navigating it successfully requires a clear-eyed strategy. It's about ensuring you can embrace the benefits of global citizenship without stumbling into the entirely avoidable legal and financial traps that can accompany it. If you're ready to move forward with clarity, we recommend you inquire now to check if you qualify for a consultation to discuss your unique situation.