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Foreign Passport Requirements

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    • A British Passportpassport image by Alison Bowden from Fotolia.com

      Contrary to widely held belief, a U.S. citizen may hold dual citizenship and possess valid passports for both the United States and another country. Specific circumstances determine what is and is not allowed and caution must be exercised. The rules are different for foreign-born citizens who become naturalized citizens and for persons born in the United States who acquire a second passport.

    Native-Born American Who Marries a Foreigner

    • If you are born in the United States and marry a citizen of another country, you may (but not always) acquire a second citizenship in that country. This is not up to you or the U.S. government; it depends upon the foreign country and its interpretation of its domestic laws. If you marry a Swiss citizen, for example, you acquire Swiss citizenship and have the right to acquire a European Union passport. If you marry a Cuban citizen, you may not hold two passports: both countries forbid it.

    A Foreigner Who Marries an American

    • A foreigner who marries an American may qualify for U.S. citizenship and subsequently become an American citizen. Contrary to popular belief, naturalized citizens are not obliged to give up their foreign citizenship and in many but not all cases, such persons may legitimately hold both a U.S. passport and a passport for the country of their birth.

    Some Foreign Countries Don't Allow Dual Citizenship

    • Not all countries will allow their natural-born citizens to become U.S. citizens and/or to acquire a U.S. passport. If these people choose to become U.S. citizens, they must renounce their foreign citizenship. In other instances, the loss of foreign citizenship is automatic and the foreign passport becomes invalid. While an individual from such a country may choose to retain his foreign passport and to use it, doing so is illegal and may subject him to arrest, if not in the United States then in another jurisdiction. India, for example, does not allow dual citizenship, and holding both a U.S. and an Indian passport is potentially a criminal offense against Indian law. Therefore Indians who become U.S. citizens must formally renounce their Indian citizenship and may no longer possess an Indian passport.

    Involuntary Citizenship

    • In other instances, countries may not allow their natural-born citizens to renounce their citizenship. Persons from such countries may acquire American citizenship and still be subject to the laws of their birth country even if they return their passport and make a formal statement of renunciation of foreign citizenship.

    Need for Specific Information Regarding Dual Citizenship

    • The information above has been obtained primarily from these sources: 1) a detailed online information source, "Dual Citizenship FAQ," moderated and in large part written and updated by attorney Richard B. Wales since 1991; 2) a related compendium of U.S. law regarding dual citizenship, with case citations, and 3) a variety of U.S. Department of State online sources. All of these are listed below. The general information presented above appears in at least two listed references and/or sources. Nevertheless, it is extremely important that anyone needing actionable information regarding dual citizenship consult both the U.S. Department of State and the relevant department in the other country. Many of these issues are clear in general, but specific circumstances may determine very different outcomes. Therefore, the information given is just that: informational. It is not legal advice. Anyone interested in a legal determination regarding a specific individual should consult an immigration attorney.

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