Dual nationality lets you hold citizenship and allegiance to more than one country, taking the concept of citizenship beyond borders.
We’ll share the advantages and disadvantages of dual citizenship, explain how to get dual citizenship in the United States and answer some frequently asked questions.
Plus, we’ll introduce you to our experienced immigration firm, Spar & Bernstein, as your trusted partner on your journey towards dual citizenship.
What Is Dual Citizenship?
Dual citizenship, or dual nationality, is a legal status that allows you to be a citizen of two countries simultaneously.
Having dual citizenship means you have the rights and obligations of citizenship in both countries.
Once viewed skeptically by the U.S. government due to concerns about divided loyalties, dual citizenship is now accepted as a natural outcome of global connections and diverse backgrounds.
How Does Dual Citizenship Work In The US?
You can acquire U.S. citizenship through birth, naturalization, investment, or through your parents, if they are U.S. citizens and you were born abroad. Find more details about the requirements and the application process in the sections below.
If you want to become a U.S citizen, you do not have to renounce your existing citizenship from another country.
However, to be able to hold two citizenships at the same time, your country of origin must allow dual citizenship as well.
More than 75% of countries worldwide allow dual citizenship. Most countries that allow dual citizenship, one of which is U.S. citizenship, are in Latin America and Europe.
If you are considering dual citizenship in the U.S. and are not sure about your country of origin’s law and the legal implications entailed in the process, schedule a consultation with our experienced and compassionate immigration attorneys at Spar & Bernstein.
We will research your options and give you professional advice on the best route to obtaining dual citizenship.
What Are The Benefits Of Dual Citizenship?
Dual nationality offers numerous benefits, providing more opportunities for personal and professional growth.
Employment Opportunities
Dual citizenship allows you to work in the U.S. without a work visa or a special permit.
This increases your employment opportunities, giving you the freedom to pursue job offers, career advancements, and entrepreneurial ventures in the U.S.
Access To Social Services
Dual citizenship allows you to access healthcare, education, and social welfare programs in the U.S., ensuring a wide range of high-quality services and benefits.
This enhances your quality of life and provides security for you and your family.
Access To Education
Dual citizenship allows you to pursue education opportunities in the U.S. — for example, studying at top-tier schools, universities, and educational programs — at resident tuition rates.
This improves your academic and professional prospects, saving you substantial costs compared to international student fees.
Travel Freedom
Having a dual citizenship allows you to travel between the U.S. and other countries without worrying about U.S. visas or entry restrictions.
This increases your mobility and makes your travel plans simpler and more flexible.
Property Ownership
Dual citizenship allows you to own property in the U.S. without facing the restrictions that non-citizens might encounter.
This provides you with the freedom to invest in real estate, whether for personal use, rental income, or business purposes, that can turn into valuable opportunities for financial growth and stability.
Political Rights
Dual citizenship allows you to participate in the political processes of the U.S. — for example, vote in elections and engage in civic activities.
This empowers you to contribute to the democratic governance and civic life of the country.
Family Sponsorship
Dual citizenship allows you to sponsor family members for immigration to the U.S.
This means you can help your spouse, children, parents, and other eligible relatives obtain legal residency, allowing them the opportunity to live and work in the U.S. This strengthens family ties and offers your loved ones a chance to build a new life in America.
What Are The Obligations Related To Dual Citizenship?
Apart from the advantages above, dual citizenship comes with specific obligations and challenges that require careful consideration, such as financial reporting, taxation and jury duty.
Taxation Obligations
Dual citizenship may require you to pay income tax in both countries. While tax treaties may mitigate double taxation, it’s crucial to understand and comply with the tax laws of both countries to avoid legal issues.
Financial Reporting Obligations
Dual citizenship requires you to report foreign financial accounts to the U.S. government. This means you must disclose any foreign bank accounts, investments, and financial assets, ensuring transparency and compliance with U.S. financial regulations.
Jury Duty Obligations
Dual citizenship obligates you to serve on a jury when summoned in the U.S. This means you must fulfill your civic duty by participating in the judicial process when called.
How To Get Dual Citizenship In The US
To get dual citizenship in the U.S., you must first apply for U.S. citizenship.
Before starting the process, make sure to check with the Embassy or Consulate in your country of origin to determine whether you are allowed to hold dual citizenship.
Note that if your country of origin does not allow dual citizenship, applying for U.S. citizenship may cause you to lose citizenship from your country of origin.
Once you confirm that your home country allows dual citizenship, you will typically need to go through the process of naturalization.
Whether you need to go through naturalization to become a U.S. citizen, and the steps involved, can vary based on your specific situation. This might include factors like being born in the U.S., being married to a U.S. citizen, or acting as an investor.
1. Obtaining U.S. Citizenship By Naturalization
If you are a lawful permanent resident and want to apply for citizenship, you must pass through the process of naturalization.
The naturalization eligibility requirements include:
- Being at least 18 years old
- Holding a Green Card for five years — or for three years, if you are married to a U.S. citizen
- Meeting residency requirements
- Meeting physical presence criteria
- Demonstrating good moral character
- Passing a background check
- Having basic English language skills
- Having knowledge of U.S. government and history
To apply for citizenship through naturalization:
- File Form N-400, Application for Naturalization, together with supporting documentation and required application and biometrics fee
- Attend a biometrics appointment for fingerprinting which will be used for background checks
- Go for an interview with an officer of the U.S. Citizenship and Immigration Services (USCIS) — the interview includes an English and a civics test
- Take the Oath of Allegiance
2. Obtaining U.S. Citizenship By Marriage
Another way to obtain citizenship is by marrying a U.S. citizen. In this case, you must:
- Obtain a marriage-based Green Card
- Apply for U.S. citizenship through naturalization after three years of marriage to your U.S. citizen spouse and after obtaining lawful permanent residence
3. Obtaining U.S. Citizenship By investment
If you are an investor, you can apply for U.S. citizenship based on your financial contributions to the country’s economy.
Here is the process to follow:
- Apply for an investment-based Green Card following the requirements for investment amount, job creation and active engagement in the enterprise management
- Remove conditions from your Green Card after two years, if your hold a conditional Green Card
- Follow the naturalization process steps
4. Obtaining U.S. Citizenship By Birth
If you are born in the U.S., you acquire citizenship automatically regardless of the citizenship held by your parents.
After birth, you get a birth certificate verifying your U.S. citizenship.
5. Obtaining U.S. Citizenship By Descent
You can obtain U.S. citizenship through descent, also known as “acquisition” or “derivation” of citizenship.
This path can be valid if you were born outside the U.S. and at least one of your parents is a U.S. citizen. The process varies based on when you were born, your parents’ citizenship status and the relevant laws at the time.
As per the applicable laws:
- If you are under the age of 18 and a lawful permanent resident living in the U.S. with at least one parent who is a U.S. citizen, you can acquire U.S. citizenship automatically provided you meet the citizenship requirements.
- If you were born before November 14, 1986, and at least one of your parents is a U.S. citizen, you can acquire U.S. citizenship if:
– Your U.S. citizen parent lived in the U.S. for a specified time before your birth
– Your U.S. citizen parent met physical presence and residency requirements
- If you were born after November 14, 1986, you may acquire U.S. citizenship if:
– One of your parents is a U.S. citizen by birth or naturalization
– Your U.S. citizen parent lived in the U.S. for a certain period before your birth
– Your U.S. citizen parent met specific requirements related to physical presence and residency in the U.S.
To apply for U.S. citizenship by descent:
- Collect documents to establish your lineage to a U.S. citizen parent – these may include birth certificates and marriage certificates
- Verify your eligibility for citizenship
- Complete and file Form DS-2029, Application for Consular Report of Birth Abroad of a Citizen of the U.S. along with required supporting documents
- Attend an interview at the Embassy or Consulate in your country
- Apply for a U.S. passport once your application is approved
Need Help With Dual Citizenship? Contact Spar & Bernstein
If you are considering dual citizenship in the U.S., our attorneys at The Law Offices of Spar & Bernstein can guide you through the process.
With 50+ years of experience in family and employment immigration, marriage-based visas and investor visas, our knowledgeable attorneys will:
- Research your eligibility for dual citizenship
- Prepare and file needed documentation
- Communicate with authorities, including USCIS, Embassies and Consulates, on your behalf
- Prepare you for your naturalization interview
- Track the progress of your citizenship application and keep you updated throughout the process
Handling each case with compassion and care, our experienced team will help you navigate the complex landscape of dual citizenship.
FAQs on Getting Dual Citizenship
Dual citizenship covers many aspects and can raise numerous questions. If you haven’t found answers to your questions above, explore some frequently asked questions from our clients over the years.
1. Who is eligible for dual citizenship in the U.S.?
Anyone who meets the requirements for naturalization in the U.S. may apply to become a citizen. However, you should check with the Embassy or Consulate in your country of origin to determine if you can have dual citizenship.
2. Do I have to renounce my current citizenship to become a U.S. citizen?
No, you do not have to renounce your current citizenship(s) to become a U.S. citizen through naturalization. The U.S. allows you to maintain your existing citizenship(s).
3. When can I apply for dual citizenship in the U.S.?
You can apply for U.S. citizenship at any time, provided you meet the naturalization eligibility requirements. Typically, this happens after you have had your Green Card for three years (after marriage to a U.S. citizen) or for five years in any other case.
4. Which passport should I use when traveling if I have dual citizenship?
If you have dual citizenship and several passports, you must use your U.S. passport when entering and leaving the U.S.
If you are traveling to a country different from the U.S., you can use either passport.
5. Can I apply for U.S. citizenship if I served in the U.S. military?
Yes, serving in the U.S. military gives you the right to apply for expedited naturalization. If you want to obtain dual citizenship, make sure your country of origin allows it.
6. How can I check if my country of origin allows dual citizenship?
To check if your country of origin allows dual citizenship:
- Research your country’s citizenship laws
- Consult with the embassy or consulate to determine whether they permit dual citizenship
- Call our experienced immigration lawyers at Spar & Bernstein — we’ll provide the most updated information and will help you with your next steps
7. How long is the naturalization process?
Depending on the USCIS field office where you filed your application, the process may take anywhere from one year and six months to several years.
8. What countries do not allow to have dual citizenship with the U.S.?
Some of the countries that do not allow dual citizenship with the U.S. include India, Japan, China, and United Arab Emirates.
If you are from one of these countries and applying for U.S. citizenship, you may automatically lose your current citizenship.
Consult with a knowledgeable immigration attorney to understand your options.
9. How do I prove my dual citizenship status to the U.S. authorities?
To prove your dual citizenship status, you may be required to provide evidence such as passports, naturalization certificates, birth certificates, or other documents.
10. Can I sponsor family members for U.S. immigration if I am a dual citizen?
Yes, U.S. citizens, including dual citizens, can sponsor certain family members for U.S. immigration provided eligibility and sponsorship requirements are met.
11. Can I vote in U.S. elections if I have dual citizenship?
Yes, if you have dual citizenship, you can vote in U.S. elections if you meet the eligibility requirements, including residency and registration deadlines.
12. Is triple citizenship allowed in the U.S.?
Yes, triple citizenship is allowed in the U.S.