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Pros and Cons of Dual Citizenship for Americans

If you are a foreign national living in the U.S. or an American citizen who is looking to become naturalized in another country, you may be eligible to become a dual citizen.

For expert legal advice, contact our immigration lawyers. We are here to help you with your citizenship application. Simply get in touch today by calling +1 844 290 6312.

 

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    What is dual citizenship?

    Dual citizenship is defined as being a citizen of two countries simultaneously. Dual citizens have two passports (one from each country) and enjoy the rights, privileges, and responsibilities of each country.

    A person can become a dual citizen in different ways. For example, a person could acquire dual citizenship through their parents who are each a different foreign national or can be born with citizenship in one country and then acquire another citizenship later on in life.

    It should be noted however that some countries do not allow dual citizenship. Therefore, the rules for acquiring dual nationality differ depending on the countries involved.

    two passports

    Does the United States allow dual citizenship?

    The United States does not formally recognize dual citizenship, but it does not specifically prohibit it either. Although new U.S. citizens must take an Oath of Allegiance when they become naturalized legal citizens, the United States does not require those new citizens to relinquish their foreign citizenship from their home country.

    Dual citizenship is permitted for U.S. citizens, provided that the other country allows it. For example, some countries like China and India will automatically invalidate your citizenship once you acquire another country’s citizenship.

    The United States acknowledges that some of its citizens are also citizens of another country, and in most cases, it doesn’t require you to choose between the two. You may later become a citizen of another country by living there, getting married, having a family there, or investing in or utilizing your skills after time spent on a visa.

    In most cases, obtaining citizenship in another country doesn’t automatically result in the loss of U.S. citizenship.  Typically, loss occurs when an individual takes a specific action to “expatriate,” such as formally renouncing their U.S. citizenship at a U.S. embassy or consulate, with a clear intention to relinquish their U.S. citizenship.

    Giving up U.S citizenship is a big step that is often permanent. It affects your ability to live and work in the U.S. and can have significant effects on your taxes and reporting duties. You should never do it without careful consideration or professional advice.

    How can you get dual citizenship?

    Dual citizenship can be acquired in many different ways. For example, if a child is born to foreign parents in a country that allows citizenship by birth, they will automatically obtain citizenship of the country where they were born in addition to the citizenship of their parent’s nationality. It should be noted however that children born in the U.S. to foreign diplomats do not receive American citizenship by birth.

    Depending on the nationality of their parents, a child can also obtain dual citizenship if they have a foreign parent who can sponsor them for another nationality. For example, both British and American parents can sponsor their child for citizenship if the child was born abroad.

    Another way to receive second citizenship is to acquire another nationality later in life through immigration or other specialized legal processes (for example, citizenship by marriage).

    Do you need help applying for U.S. citizenship? Our lawyers can assist you. Get in touch

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      Why are Americans Considering Dual Citizenship?

      Dual citizenship is a huge consideration, with many pros and cons. It helps to know what these are to fully realize if it makes sense for you and your family. We see some common situations where Americans are considering dual citizenship. These include:

       

      Some Americans who were not citizens by birth or descent and who were naturalized as U.S. citizens are now examining their dual citizenship options, especially in light of recent government policy and social media activity suggesting that citizenship could be revoked for those who have breached immigration laws or served criminal convictions.

      Plan B

      With many Americans wondering where they stand with the new immigration legislation and the future of immigration policy, a Plan B is proving to be a real consideration for Americans, particularly those who are U.S. citizens by naturalization, or in other words, not through a direct ancestral line.

      A plan B acts as a safety net protecting against things ‘going wrong’ for you in the U.S. It is your ‘worst case’ scenario. Whether it is difficulties with immigration statuses, security issues, unfavorable policies (such as those for LGBT+ communities), financial issues or more unforeseeable events like natural disasters affecting the life you have built – having a plan B can “feel” liberating.

      A Plan B is the main reason Americans are considering dual citizenship. It provides a fallback option in cases such as:

      • Political unrest
      • Unfavorable immigration law changes
      • Natural disasters
      • Economic hardship
      • Security issues

      Opportunity for Frequent Travelers

      Holding a second citizenship is also common among investors, entrepreneurs, and executives involved in global business. It loosens timeframes, avoids visa applications and even visa restrictions to enable free movement and greater global business mobility.

      You can spend an unlimited amount of time in either country (where most visas require you to stay 180+ days a year to qualify for long-term settlement). Visitor visas and ETAs also have restrictions on permitted business activities. Therefore, if you conduct business regularly in Europe and the U.S., for example, it can be beneficial to have a recurring, unrestricted immigration permission, which is what dual citizenship allows. While there are extensive legal and tax obligations, if the business or work you do is regular, the pros can outweigh the cons.

      Reclaiming Ancestry

      First- and second-generation immigrants to the US who have gained citizenship through naturalization are exploring their connections to other countries in anticipation of new immigration legislation. While it is rare for citizenship to be revoked in the U.S., it can happen. As the U.S. tightens laws for those who were not born in the USA to parents who are U.S. citizens, those who obtained citizenship via naturalization could be at risk of changes to immigration law, which could mean greater power to revoke citizenship for criminal convictions, fraud, deception and other misdemeanours. It’s unclear how major or minor these will be in future legislation.

      Countries in Europe, such as Ireland, the UK, Italy, Spain, and Portugal, all offer possibilities for Citizenship by Descent, Adoption, or Birth, and many Americans are exploring their ancestral connections to these countries. Canada, too, is another citizenship option proving popular among U.S. citizens and residents.

      Pros & Cons of Dual Citizenship for Americans

      Having dual citizenship can be very helpful. It can provide you and your family with more options for travel, work, and lifestyle, and a fallback in cases of hard-hit recessions, natural disasters or unfavorable legislative changes in one nation or the other. While advantageous in many ways, dual citizenship for Americans can also have its challenges. Compliance with two sets of international labour, immigration and tax law and legislation is among the most significant.

      What are the advantages of dual citizenship?

      In addition to enjoying the rights as a dual citizen in two countries such as the right to vote, access to benefits, and the freedom to live in each country, there are other benefits to maintaining dual nationality.

      Freedom to international travel

      Those who are granted dual citizenship enjoy the benefit of carrying two passports allowing them to travel to more places easily and without having to apply ahead of time for a valid travel visa. Those with the privilege of owning an American passport can travel to more than a hundred countries for short-term stays or vacations without requiring a visa.

      It should also be noted that if you are leaving or entering a country in which you are a citizen, you must present and travel on the passport of that certain country. In other words, if travel to the United States as a dual citizen, you must enter and return using your American passport. Once you leave the country, you are free to use another passport if you choose.

      Freedom to work

      Those citizens with dual nationality can freely work and conduct business in the two countries that they are citizens in without the need for employment authorization.

      In addition, becoming a citizen opens up new opportunities for certain types of employment that do not or can not employ foreign nationals (ex. Certain federal employment positions that only hire U.S. citizens)

      Freedom to own property

      Some countries maintain the right to prohibit and restrict property ownership to foreign nationals. However, dual nationals have the ability to own property in either country where they have citizenship.

      Quality of Life and Education

      Dual citizens have the benefit of choosing which country they can live in that could give them a better quality of life. In addition, citizens can attend school in their preferred country without having to pay the international tuition rate.

      No more complicated immigration forms

      If you have lived in a country long enough to become a naturalized citizen, you can enjoy the perk of no longer having to deal with complicated immigration forms regarding visa renewals and fee payments. As a citizen, you can live in the country as you please without having to notify the U.S. Citizenship and Immigration Services of any changes in your employment or address.

      Family Sponsorship

      Depending on the countries you are a citizen of, you may be able to sponsor your family members for citizenship. For example, American nationals can sponsor their spouses, parents, children, and siblings for green cards. In addition, their children will automatically become U.S. citizens, even if they are born abroad.

      What are the disadvantages of dual citizenship?

      Dual citizenship comes with a lot of privileges and benefits. However, there are dual obligations of being a citizen in two different countries.

      Double tax burden

      With citizenship comes the responsibility of taxation. Dual nationals are liable for taxation in both countries where they maintain their citizenship. US citizens are liable to pay taxes on any income they earn anywhere in the world in addition to the country where they maintain their residence. For those concerned about double taxation, there are income tax treaties between the U.S. and certain countries that help to reduce the taxation rate on an individual’s income earned. Since tax laws can be very complicated in each country, it is recommended that you consult with a tax specialist who can best advise you on how to handle your tax obligations.

      Military obligations

      If you are a legal citizen of a country where there is mandatory military service, you may lose your other citizenship if you are engaged in combat with a foreign military of a country in which you hold citizenship. This, however, is a rare situation and will most likely depend on the countries in which a person holds citizenship. In the U.S., most dual citizens can fulfill their military obligations abroad without it threatening their citizenship status.

      Exempt from Certain Employment

      If you are a dual national who is seeking to work in a profession that requires a security clearance or involves access to classified information, your dual citizenship could make you ineligible for employment.

      tax plan

      Duties and Legal Responsibilities 

      Having two citizenships means you have more rights, but it also means you have more responsibilities.

      Dual-Compliance

      As a dual citizen, you are required to comply with the laws of both your countries of citizenship.  That can change how you pay taxes, own property, get married, get divorced, adopt, or run a business.  There may be times when the two legal systems don’t agree. For example, one country may recognize a type of marriage or adoption that the other does not.

      Two Passports

      All U.S. citizens, even those with dual citizenship, must use a valid U.S. passport to enter and leave the country.  Your other country of citizenship may make you use its passport to cross its own borders.  Many people with dual citizenship carry and use both passports, depending on their destination.

      Consular Protection

      U.S. consulates can help citizens who are in trouble or being held overseas. But when you are in the country where you have another citizenship, that government may only see you as a citizen of that country and not allow the U.S. consulate to help you. This can be particularly important in places where politics are tense or the law isn’t well enforced.

      Military & Government Work Restrictions

      Some countries require their citizens to perform military or national service. At the same time, having dual citizenship can be a problem when you want to work for the government, the military, or security in the U.S. or when you want to get security clearance. Authorities will pay close attention to factors such as other passports, property in other countries, and close family ties.

      Taxation and Financial Conduct

      For many U.S. dual citizens, the most complex aspects of their status are taxes and financial reporting. Regardless of where they reside, the United States taxes its citizens on their worldwide income.  Even if you pay most of your taxes in the other country where you live and work, you will still need to file a U.S. tax return every year and report income from all sources. Tax treaties, foreign tax credits, and specific exclusions can often eliminate or reduce double taxation, but the obligation to file remains. You may have to report foreign accounts and assets separately from your tax returns. This could include:

      • Reporting foreign bank and investment accounts (for example, through FBAR)
      • Reporting foreign financial assets that are worth more than a certain amount (for example, under FATCA)

      These are informational forms that have their own rules, deadlines, and possible penalties, in addition to any taxes that are actually due.

      It can be easy to accidentally break the rules when you have bank accounts, pensions, and investments in more than one country. Some foreign banks are wary of U.S. clients due to U.S. reporting requirements. Additionally, some investment products not based in the U.S. can be detrimental to Americans’ tax situations. If you have income or assets that cross borders, you should get tax advice from a U.S. expert.

      What countries do not allow dual citizenship?

      While the U.S. permits its citizens to maintain dual citizenship, many other countries do not, and could invalidate your original citizenship once you acquire the citizenship of another country. Furthermore, some countries permit dual nationality, but only up to a specified age limit. Before committing to naturalization in another country, it is essential to research your eligibility for dual citizenship and discuss your options with an immigration lawyer.

      Some countries that do not allow dual citizenship with the U.S. include (not exhaustive): 

      China, India, Indonesia, Singapore, Japan, Iran, Saudi Arabia, Qatar, Kuwait, Oman, United Arab Emirates (in many naturalisation cases), Malaysia, Nepal, Bhutan, Brunei, Laos, Myanmar, North Korea, Kazakhstan, Uzbekistan, Azerbaijan, Cuba, Suriname, Panama, Guyana, Andorra, Monaco, San Marino, Estonia, Belarus, Lithuania, Tanzania, Cameroon and Equatorial Guinea

      Considerations in Each Country

      The effect of dual citizenship is highly contingent upon the specific second country in which it is held. Having the same U.S. citizenship as one country may be straightforward, but it can be much more challenging in another. Some critical questions to ask are:

      • Is dual citizenship fully allowed, limited, or banned in the other country?
      • If you choose to take on another citizenship, does it automatically relinquish your own?
      • Do citizens, including dual nationals, have to do military or civil service? 
      • Are there rules regarding entry and exit from a country with only that country’s passport?
      • What are the country’s rules for taxing income, property, and inheritances, and how will these rules work with U.S. rules?

      The answers to these questions can change everything, from whether or not you should apply for a second citizenship to how you plan to structure your assets and long-term residence.  Before making a decision, consider each country individually.

      Planning for Your Estate and Inheritance

      Having dual citizenship can make it easier to live and own property in two countries, but it also complicates estate planning and administration.

      There are significant differences between countries in terms of inheritance, succession, and estate or inheritance tax. Some people use “forced heirship” systems that say certain parts of your estate must go to certain relatives, no matter what your will says.  Some of them let you do a lot more. If both countries want to tax the same assets when you die, you may also have to deal with overlapping tax claims.

      Many dual nationals opt for coordinated estate plans, which typically involve having wills in both countries that are written to work in tandem, rather than in opposition to each other.  Some essential questions to ask are:

      • Which law should govern your estate if you have a choice?
      • How will your family homes, businesses, and pensions be treated?
      • Will your heirs have to deal with tax or reporting issues in more than one country?

      It is essential to consider estate planning as part of your overall dual citizenship strategy, rather than an afterthought, as it involves both immigration and tax implications.

       

      Passing on Citizenship to Your Children

      A second passport is essential for many people due to their children. Depending on the laws of each country, your children, even those born outside of the country, may automatically get your citizenship. A child with dual nationality may find it easier to gain admission to local schools and universities as a home student. They may also pay less in tuition and have more options for where to live and work as an adult.

      There is also a cultural and identity aspect.  Having dual citizenship can help you keep your language, culture, and family ties across borders.  However, it can also make things more challenging for children as they grow up. They may have to choose which passport to use, where to pay taxes, whether they have to serve in the military, and where they feel most “at home.”  These choices can be easier if you communicate clearly and plan.

      How can IAS help with US dual citizenship?

      If you are considering obtaining dual citizenship, it is important to be informed of all the dual citizenship advantages and disadvantages.

      Of course, the specifics will depend on you, your unique circumstances, and the two countries in which you are seeking to hold dual citizenship. Here at IAS, we can help you navigate the complicated process of it all.

      Call us on +1 844 290 6312 for immediate help & assistance with your situation. We’re here to help you in person, via the phone, or online.

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        Legal Disclaimer

        The information provided is for general informational purposes only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Immigration Advice Service before making any decisions based on the content provided.

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