BIRTHS AND CITIZENSHIP

Dual Nationality

Dual nationality is the simultaneous possession of two citizenships. Dual nationality results from the fact 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.

While recognizing the existence of dual nationality and permitting U.S. citizens to have other nationalities, the U.S. Government does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on a dual-national U.S. citizen may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. It is generally considered that while dual nationals are in the country of which they are citizens that country has a predominant claim on them.

When a person is naturalized in a foreign state and is thereafter found not to have lost U.S. citizenship, the individual consequently may possess dual nationality. It is prudent, however, to check with authorities of the foreign state to see if dual nationality is permissible under local law. The Spanish government is the sole authority regarding the acquisition and retention of Spanish citizenship. Please see www.justicia.es.

The acquisition of a second nationality by whatever means does not eliminate or remove any of the rights or obligations a U.S. citizen has vis a vis the United States. Along with the rights and privileges of a citizenship come certain responsibilities. For example:

• All U.S.-Spanish dual nationals must enter the United States with a valid U.S. passport.

• All U.S.-Spanish dual nationals must report world-wide income by filing an annual U.S. income tax return, regardless of whether they also pay taxes elsewhere. For more information see www.irs.gov.

• A U.S.-Spanish dual national male must register with the U.S. Selective Service System within three months of his 18th birthday. For more information see our section on Selective Service.

*An individual may exercise his/her right to formally renounce U.S. citizenship in accordance with Section 349(a)(5) INA. This can be done at the Consulate General during regular office hours by appointment only. Renunciation of U.S. citizenship is a very serious and irrevocable exercise and should therefore only be undertaken after serious consideration of the consequences.

For more information please see: State Department Guidance on Dual Nationality
 

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