Dual citizenship, also known as dual nationality — is defined as simultaneously being a citizen of two countries. Not every country will allow dual citizenship. If you are considering becoming a United States citizen and maintaining your status as a citizen of your country of origin, it is important for you to understand the rules of your own country regarding this issue.

Did You Know? As a dual citizen, you share the both the rights and the responsibilities of being a citizen of each individual country.

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Does the United States Allow Dual Citizenship?

The Oath of AllegianceOath of AllegianceOath of Allegiance to the United States, which is taken by all newly sworn in citizens, does state that they renounce their allegiance and fidelity to their country of origin. However, the United States does not require that a new American citizen give up their original citizenship, thereby allowing dual citizenship. The U>S. Supreme Court has found that a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both.

However, some countries do not allow for dual nationality, and citizens of those countries may have their citizenship revoked upon their swearing in as Americans. Other countries may restrict or place conditions on original citizenship, so it is important to understand prior to becoming a U.S. citizen how your status within your country of origin will be affected.

How to Apply to Be a Dual Citizen

There is no special “dual citizenship application. If you meet the qualifications for naturalization as determined by the USCIS, you will submit your N-400 form as in any other naturalization application. Because the United States does not require you to give up your citizenship of your home country, no special form is needed. However, for the reasons stated above, you should first contact the emebassy or consulate of your country of origin to understand how this action will affect you.

If you have any questions or concerns, consider consulting with a qualified immigration attorney. Because they have been through this process thousands of times, they can easily guide you through any pitfalls or issues, expedite the process by making sure no mistakes are made, and advise you as to your rights and responsibilities. With immigration law changing all the time, it is necessary to have expert advice.

Your Rights as a Dual Citizen

When you become a United States citizen, certain rights are afforded to you as they are all citizens. These include:

  • Employment Rights: You have the right to apply for employment anywhere without obtaining a work visa. The only exception is that certain federal jobs which require security clearance may be considered off-limits to dual citizens of certain countries.
  • Travel Rights: You have the right to travel without any restrictions, including travel abroad for as long as you like. If you stay outside the United State for longer than 1 year, you no longer need a re-entry visa.
  • Citizenship Rights: You may now obtain green cards for your family, including parents, adult children, and siblings.
  • Voting Rights: You may vote in any U.S. election, including federal elections.
  • Education Rights: You may now enroll in a U.S. school without a student visa.
  • Public Benefits Rights: Assuming you meet the criteria, you have access to public benefits only available to U.S. citizens.

If you live in Sarasota or Tampa and would like to pursue dual citizenship, call the immigration attorneys at Probinsky & Cole. The immigration and naturalization process can be tricky, but we are here to help.

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