Understanding Dual Nationality and U.S. National Status

Table of Contents

Under Section 101(a)(22) of the Immigration and Nationality Act (INA), a national of the United States is defined as either:

(A) A U.S. citizen, or
(B) A person who is not a citizen but owes permanent allegiance to the United States.

It means that all U.S. citizens are also U.S. nationals, but not all U.S. nationals are citizens. Non-citizen nationals are individuals born in American Samoa or Swains Island to parents who are not U.S. citizens.

Understanding Dual Nationality

Dual nationality refers to an individual being a national of two countries simultaneously. This status typically arises automatically under the differing laws of multiple countries. For example:

A child born abroad to U.S. national parents might be both a U.S. national and a national of the country of birth.
Someone born with one nationality might naturalize in another country later and become a dual national.

U.S. law does not prohibit dual nationality or require individuals to choose one nationality over another. A U.S. citizen who voluntarily becomes a citizen of another country does not automatically lose U.S. citizenship. However, if the person applies for foreign citizenship after age 18 and intends to relinquish their U.S. nationality, that status may be given up. The U.S. government considers both intent and conduct when evaluating such cases.

Responsibilities and Potential Conflicts

Dual nationals owe allegiance to both countries and are expected to comply with each other's laws. It can sometimes lead to conflicts, such as when the rules or obligations of one country contradict those of the other. Also, dual nationality may limit the U.S. government’s ability to provide consular assistance, particularly within the territory of different nationalities.

Passport Requirements for U.S. Nationals

All U.S. nationals, including dual nationals, must use a U.S. passport to enter and depart the United States. Some countries may also require dual nationals to enter and leave using a passport issued by that country. Using a foreign passport to travel to or from a third country is permitted under U.S. law and does not affect U.S. citizenship.