The United States is a highly sought-after destination for immigrants, making it the top choice for individuals seeking to settle there. Dual citizenship offers numerous advantages, including expanded opportunities for employment, education, and travel, as well as enhanced civil rights and benefits. Continue reading to discover the specifics of acquiring a second passport in the USA and obtaining dual citizenship.
About Dual Citizenship
There are two terms that may appear similar but have distinct meanings: dual citizenship and second citizenship. Dual citizenship refers to a person holding two passports, with both countries officially recognizing the rights and obligations of an individual as a citizen. On the other hand, second citizenship indicates that a person possesses two passports, but each country recognizes them solely as its own citizen. The second passport can be advantageous for purposes such as visa-free travel, offering convenience and flexibility.
Certain countries have restrictions on dual citizenship, requiring individuals to renounce their original citizenship when obtaining a passport from another country. In such cases, you may be required to formally give up your original citizenship as a condition of acquiring citizenship in the new country.
The permissibility of dual citizenship is determined by local laws or bilateral agreements between countries. In some cases, a country may have a general prohibition on dual citizenship but may make exceptions for immigrants from specific countries. For example, while Spain generally does not allow dual citizenship, it may grant it to individuals coming from countries closely connected to Spain, such as immigrants from Portugal.
Santa Monica Beach. Photo: Oxana Melis (Unsplash)
Dual Citizenship in the USA: Is it Permitted?
The United States does not have formal agreements on dual citizenship with any country worldwide. However, it is important to note that American legislation does not explicitly prohibit dual citizenship. Neither the Constitution, the laws enacted by Congress, nor the laws of individual states contain explicit provisions on this matter.
According to legal precedent, the Supreme Court does not impose any penalties on individuals who choose to retain their original citizenship while obtaining an American passport. The Supreme Court acknowledges that the decision to renounce or maintain one's original nationality rests solely with the individual, recognizing that only American citizens have the authority to make such choices. The government is prohibited from revoking an individual's original citizenship, as it would infringe upon the protections outlined in the Fifth and Fourteenth Amendments to the Constitution. Additionally, the Supreme Court affirms that acquiring citizenship of another country does not result in the loss of American citizenship.
In summary, obtaining a passport from the United States does not require renouncing the passport of your country of origin. This principle also extends to American citizens who acquire citizenship of another country; they can retain their American passports without losing their citizenship.
However, the devil is in the details. According to US laws, individuals with dual citizenship are regarded solely as citizens of the United States. The possession of a second passport does not provide any specific advantages, such as preferential treatment in legal matters. Matters like taxation or inheritance procedures are applicable to dual citizens in the same way as they are for any other US citizens. In other words, dual citizens cannot selectively opt for a more favourable tax scheme and are subject to the taxation policies of the United States, irrespective of their second citizenship.
When obtaining a passport of the USA, one must take the Oath of Allegiance to the United States, which entails renouncing loyalty to any other state. The Oath of Allegiance requires individuals to renounce allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, with the exception of the USA. It is worth noting that prior to 1802, new American citizens were also required to renounce their previous citizenship during the ceremony, but this requirement was subsequently abolished.
Dual nationals have the freedom to choose which passport to use when travelling outside of the United States. However, within the United States, they are required to use their US passport exclusively. This rule also applies to entering and exiting the country. It is essential to adhere to these regulations without exception, as compliance is mandatory.
The American government embraces dual citizens and does not enforce any limitations or restrictions on their status. Nonetheless, it is important to verify whether your country of origin permits dual citizenship. It is possible that you may be required to renounce your original citizenship in order to obtain an American passport if your home country prohibits dual citizenship. In such situations, you will need to carefully consider and make a personal decision based on what is best for you.
Golden Gate Bridge, San Francisco. Photo: Maarten van den Heuvel (Unsplash)
Rights and Responsibilities of US Citizens: The Difference Between a Green Card and a Passport
Upon receiving an American passport, you become subject to all the rights and responsibilities of a United States citizen. The US authorities no longer view you as a foreigner, rendering your original citizenship and passport irrelevant. In the event of any legal infractions, you will be treated on equal terms with any other American citizen, without any special considerations based on your dual citizenship.
It is important to recognize that the rights and responsibilities of an American citizen extend to individuals who are US residents with a Green Card. Even as a Green Card holder, you are expected to abide by the rights and responsibilities afforded to American citizens. Additionally, it is crucial for Green Card holders to maintain their residency status by spending a minimum of 183 days per year within the country to avoid the risk of losing their permanent resident status.
Simultaneously, holding a Green Card grants you the privilege of visa-free travel to the United States as well as over 30 other countries worldwide. These countries include Canada, Mexico, Costa Rica, Panama, Peru, Singapore, Taiwan, Serbia, Albania, Bosnia and Herzegovina, North Macedonia, Dominica, and the Dominican Republic.
Having a Green Card enables you to engage in legal employment, establish your own business, and access governmental benefits on par with US citizens. This includes opportunities such as educational grants and allowances. Additionally, as a Green Card holder, you have the ability to apply for immigrant visas on behalf of your immediate family members, facilitating their path to join you in the United States.
Upon receiving an American passport during the ceremony, you are required to take the Oath of Allegiance. As previously mentioned, this oath involves renouncing allegiance to states other than the USA. Additionally, it entails a solemn commitment to support and defend the laws of the United States of America against all adversaries. The Oath also includes a provision wherein all US citizens, including immigrants, pledge to bear arms on behalf of the USA, perform noncombatant service, and work under civilian direction as mandated by the law.
Venice Beach, Los Angeles. Photo: Matthew LeJune (Unsplash)
US Citizenship by Naturalisation
Naturalisation is the most common pathway to American citizenship for individuals who do not have immediate family members in the United States. To initiate the naturalisation process, you must enter the country using an immigrant visa, which is typically issued for a six-month period. Subsequently, you can transition to a Green Card and establish lawful residence in the United States for a minimum of five years. Following this period, you become eligible to apply for US citizenship. It is important to note that you have the option to apply at a later time, as the Green Card remains valid for a duration of 10 years.
By the way, individuals who have won the Green Card in the annual lottery program can bypass the initial step and enter the USA using the Green Card itself, rather than needing a visa. However, if you are an investor, a skilled worker seeking employment-based immigration, or seeking to reunite with family members who are American citizens or residents, you will still require the appropriate visa. Upon arrival in the USA, you can then apply for a Green Card through the appropriate channels.
Can I Lose US Citizenship?
While the USA generally recognizes and welcomes individuals with dual citizenship, it is important to note that there are certain circumstances where you may risk losing your American nationality. One such situation is if you choose to voluntarily renounce your US citizenship. It is crucial to understand that this decision is permanent and irrevocable, meaning you will not be eligible to reapply for US citizenship in the future.
Other cases where you can lose American citizenship include:
- Serving in the armed forces of a foreign state engaged in a conflict with the USA;
- Running for public office in a foreign country (you should first consult with an attorney);
- Committing an act of treason against the USA;
- Committing certain crimes (e.g., sexual assault, war crimes, terrorism).
Houston. Photo: Kevin Hernandez (Unsplash)
In a Nutshell
The United States does not have formal bilateral agreements on dual citizenship with any country worldwide. In practice, many US citizens do possess dual citizenship and hold passports from multiple countries. When applying for an American passport, there is no requirement to renounce your original citizenship. However, it is essential to note that upon receiving an American passport, you are recognized solely as a citizen of the United States. From that point onward, your other nationalities become irrelevant, and you are regarded exclusively as an American citizen.
Cover photo: Windandsea Beach, San Diego. Megan Leong (Unsplash)
