Section 101(a)(22) of the Immigration and Nationality Act (INA) 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.” Therefore, U.S. citizens are also U.S. nationals. Non-citizen nationality status refers only individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States.The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. national parents may be both a U.S. national and a national of the country of birth. Or,an individual having one nationality at birth may naturalize at a later datein another country and become a dual national.
U.S. law does not impede its citizens' acquisition of foreign citizenship whether by birth, descent, naturalization or other form of acquisition, by imposing requirements of permission from U.S. courts or any governmental agency. If a foreign country's law permits parents to apply for citizenship on behalf of minor children, nothing in U.S. law impedes U.S. citizen parents from doing so.
U.S. law does notrequire aU.S. citizento choosebetween U.S. citizenship and another (foreign) nationality (or nationalities). A U.S. citizen may naturalize in a foreign state without any risk totheirU.S. citizenship.
U.S.dual nationals owe allegiance to both the United States and the foreign country(or countries, if they are nationals of more than one). They are required to obey the laws of both countries, and either country has the right to enforce its laws.Claims of other countries upon U.S. dual-nationalsmayresult in conflictingobligationsunderthe laws ofeach country. U.S. dualnationalsmayalso face restrictions in the U.S. consular protections available to U.S. nationals abroad, particularly in the country of their other nationality.
U.S. nationals, includingU.S.dual nationals, must use a U.S. passport to enter and leave the United States.U.S.dual nationals may also be required by thecountry of theirforeignnationalityto usethat country’spassport to enter and leave that country. Use of the foreign passport to travel to or from a country other than the United States is not inconsistent with U.S. law.
You can find additional information on dual nationality and the potential challenges forinternational travelers here.
As an expert in immigration law and nationality matters, I bring a wealth of knowledge and experience to shed light on the intricate details of Section 101(a)(22) of the Immigration and Nationality Act (INA) and the broader concept of dual nationality. My expertise is grounded in a comprehensive understanding of U.S. citizenship laws, international regulations, and the complexities associated with dual nationality.
First and foremost, Section 101(a)(22) of the INA is a pivotal legal provision that defines the term 'national of the United States.' It states that a national can be either a U.S. citizen or a person who, while not a citizen, owes permanent allegiance to the United States. This means that U.S. citizens are inherently U.S. nationals, emphasizing the dual identity that arises from citizenship.
The concept of dual nationality, as articulated in the provided information, refers to the condition wherein an individual is a national of two countries simultaneously. This can occur automatically through the operation of different laws, often without the individual's active choice. For example, a child born abroad to U.S. national parents may possess dual nationality from birth.
Crucially, U.S. law does not hinder its citizens from acquiring foreign citizenship through various means such as birth, descent, or naturalization. Importantly, there is no requirement for U.S. citizens to seek permission from U.S. courts or governmental agencies when acquiring foreign citizenship. The flexibility in U.S. law allows individuals to hold dual nationality without jeopardizing their U.S. citizenship.
The complexities arise when considering the allegiance owed by U.S. dual nationals to both the United States and the foreign country (or countries) of which they are nationals. These individuals must adhere to the laws of both nations, and conflicting obligations may arise. Moreover, claims by foreign countries on U.S. dual nationals can lead to legal complexities and potential restrictions on consular protections provided by the U.S. in the foreign country of the individual's other nationality.
Travel-related considerations are also paramount. U.S. dual nationals are required to use a U.S. passport to enter and leave the United States, but the country of their foreign nationality may mandate the use of its passport for entry and exit. Notably, using a foreign passport for travel to countries other than the United States is consistent with U.S. law.
In conclusion, dual nationality is a nuanced aspect of immigration law, and understanding its implications is crucial for individuals with dual citizenship. The interplay between U.S. law and the laws of other nations adds layers of complexity, making it essential for dual nationals to navigate these intricacies effectively. For those seeking additional information on dual nationality and its potential challenges for international travelers, further resources can be found [here](insert link to additional information).
