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‘There is no uniform rule of international law relating to the acquisition of nationality/citizenship.’

Dual nationality,
USA version (1)


 

AN official of the mission answered my questions on the position of the United States regarding dual citizenship in general, and the Philippine-USA dual citizenship in particular. I quote from the Embassy’s handout:

"The Supreme Court of the United States has stated that dual nationality is a ‘status long recognized in the law’ and that ‘a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both. The mere fact that he asserts the rights of one citizenship does not without more mean that he renounces the other’, Kawakita v. US 717 (1052).

"How Acquired–Dual nationality results from the fact that there is no uniform rule of international law relating to the acquisition of nationality. Each country has its own laws on the subject, and its nationality is conferred upon individuals on the basis of its own independent domestic policy. Individuals may have dual nationality not by choice but by automatic operation of these different and sometimes conflicting laws."

From a reading of this US Embassy handout, I see that the US refers to the topic as "dual nationality," while the Philippines, in all its publications refer to "dual citizenship." Are these two words synonymous? Merriam-Webstar: "Citizenship–The status of a citizen with its attendant duties, rights, and privileges. Nationality–Status of belonging to a particular nation by origin, birth, or naturalization; having common origins and traditions and constituting or considered to constitute a nation; national character."

Further in the handout: "The laws of the United States, no less than those of other countries contribute to the situation because they provide for acquisition of US citizenship by birth in the United States and also by birth abroad to an American regardless of the other nationalities which a person might acquire by birth. For example, a child born abroad to US citizens may acquire at birth not only American citizenship but also the nationality of the country in which it was born. Similarly, a child born in the United States to foreigners may acquire at birth both US citizenship and a foreign nationality.

"The laws of some countries provide for automatic acquisition of citizenship after birth. For example, a US citizen may acquire another nationality merely by marrying a citizen of certain foreign countries. In addition, some countries do not recognize naturalization in a foreign state as grounds of loss of citizenship. A person from one of those countries who is naturalized in the United States keeps the nationality of the country of origin despite the fact that one of the requirements for naturalization in this country is a renunciation of other nationalities.

"The automatic acquisition or retention of a foreign nationality does not affect US citizenship; however, the acquisition of a foreign nationality upon one’s own application may cause loss of US citizenship under Section 349(a)(1) of the Immigration and Nationalization Act (8 USC. 1481). In order for loss of nationality to occur under Section 349(a)(1), it must be established that the naturalization was obtained with the intention of relinquishing US citizenship. Such an intention may be shown by a person’s statements or conduct. If the US Government is unable to prove that the person had such an intention when applying for and obtaining the foreign citizenship, the person will have both nationalities.

"Current Law and Policy: United States law does not contain any provisions requiring US citizens who are born with dual nationality or who acquire a second nationality at an early age to choose one nationality or the other when they become adults, Mandeli v. Acheson, 344 US 133(1952). The current nationality laws of the United States do not specifically refer to dual nationality

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Dahli_a@yahoo.com

 




















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