Can U.S. Citizens Hold Citizenship In More Than One Country
When talking about the U.S. citizenship law, the jus soli
principle
is used. According to the U.S. Fourteenth Amendment, any person born on
U.S. soil is considered a U.S. citizen. Other
countries’
laws may discuss citizenship to persons born on U.S. grounds based on
their parents’ citizenship. For instance, a child born in the U.S. from
a German citizen is given automatic citizenship of both the United
States and Germany.
U.S. law, however, doesn’t recognize a
Dual Citizenship. Yet, it doesn’t hinder it either. According
to
federal regulations, a U.S. citizen needs to have their passport to go
in and out of the country. A U.S. citizen who becomes a citizen of
another country relinquishes their U.S. citizenship, but the government
must prove this is what a person is doing.
When people are
confused on the question - "Am I going to lose my US citizenship, if I
am a dual US and other country's citizen?" - the answer is that there
is no such law forcing the government to tak your citizenship against
your will. However, it is fully legitimate action if you, at your own
will, decide to give up the right of having the citizenship without any
external power.
Dual Citizenship
is attained at birth or attained by taking the country’s oath of
allegiance. In the majority of countries, people can attain citizenship
after being a lawful resident or by marrying one of the country’s
citizens.
For example, German Citizenship can be extended to
people who have lived lawfully in the country for 10 years or after two
years of being married to a German-born resident (it’s three years if
they live outside of the country).
This is not the case if
somebody discusses their citizenship at birth. When this happens,
there’s no naturalization process and no need for an oath of
allegiance. Some countries, under the jus sanguinis principle, discuss
citizenship at birth.
For instance, the German government
recognizes an at-birth citizenship so long as they have an ancestor
with German descent. Of course, they must prove the German
bloodline. There are four key cases in which U.S. citizens
with
German descent can claim German Citizenship:
1 – Applicant father was German citizen at applicant’s birth and never
denounced their German citizenship
2 – Applicant mother was German citizen at applicant’s birth and never
denounced their German citizenship
3
– Applicant father born in U.S.; paternal grandfather was German
citizen at time of birth and neither applicant nor father denounced
German citizenship.
4 – Applicant’s father was born on U.S. soil
after Jan. 1, 1948, applicant’s paternal grandmother was German citizen
at birth time and neither applicant nor father denounced German
citizenship.
People who have a Dual Citizenship could be
unable to seek emergency assistance from the U.S. government. Also
there could be a possibility that US immigration officers would ask for
the US passport and things get confused if someone claims oneself as a
dual US/other citizen when entering the US.
Whether it is lawful or not will not a concern of the officer, as they would only determine if the person should be let in. If you have a specific problem or question regarding this complex dual citizenship issue, it is always good idea to seek an experienced immigration lawyer.