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Immigration

Dual Citizenship in the USA

Section 101(a)(22) of the Immigration and Nationality Act states that the term 'national of the United States' means (a) a citizen of the United States, or (b) a person who, though not a citizen of the United States, owes permanent allegiance to the United States. Non-citizen national status refers only to persons who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States.

A U.S. citizen may acquire foreign citizenship through marriage. Or a person who naturalizes as a U.S. citizen may not lose the citizenship of their birth country. U.S. laws do not mention the concept of dual citizenship, but they also do not require a person to choose one citizenship or the other. Moreover, a person who automatically acquires another citizenship is not at risk of losing U.S. citizenship.

Nevertheless, a person who acquires foreign citizenship by deliberately applying for it may lose U.S. citizenship. The law says that to lose U.S. citizenship, a person must apply for foreign citizenship voluntarily, by free choice, and with the intention of relinquishing U.S. citizenship.

Intent may be shown by a person's statement or conduct. The U.S. government recognizes that dual citizenship exists, but as a matter of policy does not encourage it because of the problems it may cause. Claims of other countries on dual nationals (one of which is U.S. citizenship) may conflict with U.S. law, and dual citizenship may limit the U.S. government's efforts to assist its citizens abroad. The country where a dual citizen resides or is located generally may have a stronger claim to that person's allegiance.

Nevertheless, persons with dual citizenship owe allegiance to both the United States and the foreign state. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there. Most U.S. citizens, including dual citizens, must use a U.S. passport to enter and leave the United States. Dual citizens may also be required by the foreign state to use their second passport to enter and leave. Using a foreign passport does not jeopardize U.S. citizenship.

Most countries allow a person to renounce citizenship or lose it in some other way. Information about renouncing foreign citizenship can be obtained from the embassy or consulate of the foreign state in the United States. Americans may renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.

The United States does not have a citizenship-by-investment program, even for very large investors. Nevertheless, foreign investors willing to invest $500,000 USD in the country's economy and create and/or maintain 10 jobs for two years can obtain first a temporary and then, after two years, a permanent green card (U.S. permanent residency). This refers to the EB-5 visa. After five years of residence in the United States, one may apply for U.S. citizenship.

Material provided by ELMA GLOBAL.

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