Is Dual Citizenship Allowed in the United States?
Dual citizenship in the USA remains one of the most discussed legal topics for immigrants, investors, and entrepreneurs. On one hand, American law does not officially prohibit holding a second passport. However, U.S. citizens still bear full responsibility to the state, including tax and legal obligations, even if they hold citizenship of another country. Is it truly safe to combine an American passport with a foreign one, and what risks does this entail? Tax residency, international agreements, and the status of your second citizenship play an important role.
Our legal team helps to understand the legal and tax implications of dual citizenship usa. We provide guidance on opening accounts, investments, obtaining visas, and tax residency, developing individualized strategies to minimize risks and protect your interests in both countries.
What is Dual Citizenship?
Dual citizenship – or american dual citizenship – is a legal status in which a person is simultaneously recognized as a citizen of two states and holds rights and obligations in each country. This is not just a second passport for travel convenience but a full legal status enshrined in national law and international practice.
It is important to distinguish between two similar but not identical concepts:
- Dual citizenship – recognition by two countries of the same person as their citizen. For example, a child born in the U.S. to Canadian parents automatically becomes a citizen of both countries.
- Dual nationality – a situation in which a person acquires citizenship of another country, but their native country continues to consider them its citizen, even if they did not formally seek this.
Such cases are common in international practice. Reasons vary: birth on the territory of another country, marriage, naturalization, or participation in special government programs (for example, citizenship by investment).
Is Dual Citizenship Allowed in the United States?
U.S. law does not contain a separate statute that explicitly establishes the right to dual citizenship us law. However, there is no prohibition either. In practice, this means that the U.S. allows holding a second citizenship, although it does not legally recognize it to the same extent as the primary citizenship.
The U.S. Department of Justice and the State Department have repeatedly clarified the government’s position: a person who obtains a passport of another country does not automatically lose U.S. citizenship. Exceptions apply only in cases where a person voluntarily and consciously renounces it (for example, by submitting an official declaration at a consulate or swearing allegiance to another state with the explicit intent to sever ties with the U.S.).
U.S. authorities operate on the principle of “primary loyalty.” Whatever second passport a person may hold, to the U.S. government, they are always primarily a U.S. citizen. Notably, the U.S. Supreme Court confirmed in 1952 (Kawakita v. United States) that a person may have citizenship in two countries but is not exempt from obligations to the United States.
Main Rules and Requirements
First of all, a U.S. citizen with dual citizenship must comply with American laws regardless of where they are. This is a key rule that distinguishes the U.S. from many other countries. Even if a person lives abroad, they remain a taxpayer and subject to U.S. jurisdiction.
Key requirements include:
- Tax payment. The U.S. is one of the few countries that taxes based on citizenship rather than residency. Citizens must declare all income to the IRS, including earnings abroad. To avoid double taxation, special agreements and mechanisms exist (Foreign Tax Credit and Foreign Earned Income Exclusion, FEIE).
- Military registration. Male U.S. citizens aged 18–25 must register with the Selective Service System, even if they hold citizenship of another country and live outside the U.S.
- Consular protection. Abroad, a U.S. citizen may seek help from a U.S. embassy. However, if they are in the country of their second citizenship, U.S. authorities have limited intervention capabilities.
- Restrictions on government service. People with dual citizenship may hold most positions, but some offices (President, Vice President, high-level intelligence and defense posts) require renunciation of a foreign passport.
- Compliance with immigration rules of the other country. A dual citizen must obey the laws of both countries. For example, entering the country of their second citizenship, they must use that passport.
Dual Citizenship and Taxes
Consider a situation: a person holds U.S. and French citizenship and lives and works in Paris. The French tax authority requires taxes on income earned in France. At the same time, the IRS expects a declaration on Form 1040, reporting the same income. To avoid double taxation, special mechanisms exist:
- Foreign Earned Income Exclusion (FEIE) – allows excluding up to $126,500 of foreign earned income from U.S. taxable income.
- Foreign Tax Credit (FTC) – a tax credit that offsets taxes paid abroad against U.S. obligations.
- Double Taxation Agreements – the U.S. has treaties with dozens of countries, including Canada, the UK, Germany, and France.
Special attention is paid to foreign assets. If a U.S. citizen has an account in a foreign bank with a balance over $10,000, they must file an FBAR (Foreign Bank Account Report). Additionally, Form 8938 (FATCA) requires reporting certain foreign assets. Strict penalties apply for violations.
How to Get Dual Citizenship in the U.S.
U.S. law does not provide a separate mechanism for obtaining dual citizenship requirements usa. Most often, this status arises automatically under certain life circumstances.
- Birth
The most common method is by birthright or jus soli/jus sanguinis. A child born in the U.S. automatically receives American citizenship, regardless of parents’ citizenship (except for children of diplomats). If the parents are citizens of another country, in most cases the child automatically acquires that citizenship as well. From birth, they become a dual citizen usa. - Marriage and Naturalization
Another route is marriage to a foreign citizen or naturalization in another country. A U.S. citizen marrying a foreigner may obtain the spouse’s citizenship through a simplified process without losing their American passport. Similarly, naturalization abroad provides a second passport if the person has not renounced U.S. citizenship. - Parental connections
Children born abroad to U.S. citizens may also claim U.S. citizenship by descent, automatically becoming citizens of both the country of birth and the U.S. - Programs and investments
Finally, some Americans acquire second citizenship through investment programs in other countries. The U.S. does not prevent this but also does not grant special privileges.
Dual Citizenship and Government Positions
In the U.S., american dual citizenship rules do not prohibit dual citizenship, but they impose certain restrictions on government positions. Unlike ordinary civil professions, loyalty is critical in administration and national security.
According to the U.S. Constitution, only a natural-born citizen can become President or Vice President, which excludes those who acquired citizenship through naturalization. Holding a second passport is also considered a potential conflict of interest.
Members of Congress (Senators and Representatives) are not formally required to renounce second citizenship, though the question of “dual loyalty” often becomes a political issue. In U.S. history, several candidates faced criticism for holding foreign passports.
Most federal civil service positions do not bar second citizenship. However, for jobs at the FBI, CIA, NSA, or Department of Defense, strict screening applies. Foreign citizenship may be perceived as a risk factor. In many cases, candidates are asked to renounce their second passport to prevent potential conflicts or information leaks.
Popular Countries for Dual Citizenship with the U.S.
Dual citizenship in the U.S. is often associated with specific countries—neighbors, key partners, or countries of emigration. Common destinations and legal features include:
- Canada – one of the most popular options. Millions hold both U.S. and Canadian citizenship due to proximity, marriage, and family ties. Advantages: simplified travel, work, and study rights. Disadvantages: dual tax reporting, obligations under both Canadian and U.S. tax laws.
- Mexico – second most common. Families in border regions hold both passports. Advantages: property ownership and business on both sides. Disadvantages: taxation and potential inheritance issues.
- Europe – UK, Germany, Ireland, Italy, Spain, and France are common. Italy and Ireland provide citizenship by descent, while Germany and France allow dual citizenship in limited cases. Advantages: EU access, residence and work rights. Disadvantages: complex taxation and obligations.
- Asia – Philippines, India, South Korea, Israel. Israel provides citizenship under the Law of Return. India allows OCI status. Advantages: cultural and business opportunities. Disadvantages: restrictions on government service and military duty in some countries.
Limitations and Risks of Dual Citizenship
At first glance, dual citizenship seems purely advantageous: freedom of movement, ability to live and work in multiple countries, access to additional social benefits. Yet this status carries significant restrictions, often discovered only after obtaining the second passport.
The main risk for U.S. citizens is double taxation. IRS requires filing regardless of residence. Even if living abroad and paying local taxes, citizens must file annually with the IRS. Non-compliance can result in significant fines. Managing laws of two countries complicates financial planning and business operations.
Some countries impose mandatory military service on all citizens, including those with a second passport, creating potential conscription risk. For example, U.S. citizens with Israeli or South Korean citizenship may face military obligations even while residing in the U.S.
If a U.S. citizen is in their second citizenship country, the U.S. embassy’s assistance is limited. Local authorities consider them only as citizens of that country. In cases of arrest, court proceedings, or conflicts, U.S. consular protection may be minimal.
Finally, political and legal risks exist. Some countries change their stance on dual citizenship, tighten rules, or prohibit it entirely.
Conclusion and Recommendations
Dual citizenship in the U.S. offers significant opportunities but also imposes serious obligations. For some, it is a convenient tool for travel and business; for others, a source of complications due to tax reporting, government service restrictions, and dual duties.
Professional guidance is particularly important. Our lawyers help to:
- Correctly assess legal consequences of obtaining a second citizenship;
- Understand tax obligations to the U.S. and the second country;
- Prepare and review documents to minimize the risk of rejection;
- Build an optimal strategy considering future plans: work, business, family;
- Avoid common mistakes that may result in fines or limit rights.
If you are considering obtaining a second citizenship or want to understand your current status, do not delay consultation. Contact our attorneys, and we will help turn dual citizenship into a reliable tool to expand freedom and protect your family’s interests.
