Dual Citizenship: What U.S. Law Says
The State Department says dual nationality means a person is a national of 2 countries, and that a dual national generally has legal rights and obligations in both. For U.S. citizens, the State Department page says the person must enter and leave the United States on a U.S. passport. 8 U.S.C. 1481 separately sets out acts by which a U.S. national can lose nationality.
Maintained by Archie Chang · Reviewed November 2, 2026 · Methodology & sources
The Dual Nationality page was read from an Internet Archive copy captured June 25, 2026, not the live page; its footer said last updated August 11, 2025. We read 8 U.S.C. 1481 on the Office of the Law Revision Counsel’s website on November 2, 2026. That page said its text contains the laws in effect through Public Law 119-136 (October 22, 2026).
What the State Department says dual nationality is
“You can hold dual citizenship in the United States”
“Dual nationality means you are a national of 2 countries. A dual national generally has legal rights and obligations in both countries.”
“You may become a dual (or multiple) national of the United States and other countries if you:”
“Were born in the United States and you have a parent that is a citizen of another country. Your second nationality would be based on the laws of the other country.”
U.S. Department of State: Dual Nationality “If 1 of your parents was an accredited foreign diplomat working in the US when you were born, you may not have acquired U.S. nationality at birth.”
U.S. Department of State: Dual Nationality “Were born outside the United States to 1 or 2 parents who are U.S. citizens. Your second nationality is based on the foreign country’s laws.”
U.S. Department of State: Dual Nationality “Naturalize as a U.S. citizen while keeping the nationality of another country.”
U.S. Department of State: Dual Nationality
The State Department Dual Nationality page does not say that U.S. law requires a person to choose one nationality, and it does not say that U.S. law forbids dual nationality.
Which passport a U.S. dual national uses
“You must enter and leave the United States on your U.S. passport. You are not allowed to enter on your foreign passport based on U.S. law.”
Other points on the State Department page
“As a U.S. citizen, you are obligated to comply with U.S. tax laws.”
“Different countries have different laws on dual nationality. Some countries may not permit it.”
“Local authorities may not recognize your U.S. nationality if you are also a national of that country.”
Loss of nationality: 8 U.S.C. 1481
Subsection (a) opens with a condition that matters for everything that follows: the act must be done voluntarily and with the intention of relinquishing nationality.
“A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality—”
The text lists seven numbered acts. These are the first, the second and the fifth, word for word:
“obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years;”
“taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years;”
“making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State;”
Subsection (b) covers burden of proof and the presumption:
“Whenever the loss of United States nationality is put in issue in any action or proceeding commenced on or after September 26, 1961 under, or by virtue of, the provisions of this chapter or any other Act, the burden shall be upon the person or party claiming that such loss occurred, to establish such claim by a preponderance of the evidence. Any person who commits or performs, or who has committed or performed, any act of expatriation under the provisions of this chapter or any other Act shall be presumed to have done so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of the evidence, that the act or acts committed or performed were not done voluntarily.”
This page describes the statute. It does not say whether any act by a particular person would count.
Related pages
On becoming a citizen, see the U.S. citizenship test, the citizenship test questions and the citizenship application fee. For the U.S. passport itself, see how much a passport costs.
Frequently asked questions
What does dual nationality mean?
The State Department’s Dual Nationality page (last updated August 11, 2025, as captured June 25, 2026) said dual nationality means a person is a national of 2 countries, and that a dual national generally has legal rights and obligations in both countries.
Does U.S. law allow dual citizenship?
The State Department’s Dual Nationality page (last updated August 11, 2025, as captured June 25, 2026) had the heading "You can hold dual citizenship in the United States". It said a person may become a dual (or multiple) national of the United States and other countries, and listed three ways: birth in the United States to a parent who is a citizen of another country, birth outside the United States to 1 or 2 parents who are U.S. citizens, or naturalizing as a U.S. citizen while keeping another nationality. That page did not say that U.S. law requires a person to choose one nationality, and it did not say that U.S. law forbids dual nationality.
Which passport does a U.S. dual national use to enter the United States?
The State Department’s Dual Nationality page (last updated August 11, 2025, as captured June 25, 2026) said U.S. citizen dual nationals must enter and leave the United States on their U.S. passport, and that entering on a foreign passport is not allowed based on U.S. law.
Can a person lose U.S. nationality under 8 U.S.C. 1481?
8 U.S.C. 1481(a) says a national of the United States shall lose nationality by voluntarily performing any of the listed acts with the intention of relinquishing United States nationality, and it lists seven numbered acts. The first is obtaining naturalization in a foreign state on the person’s own application, or an application filed by a duly authorized agent, after having attained the age of eighteen years. Subsection (b) puts the burden on the person or party claiming that the loss occurred, and presumes an act of expatriation was done voluntarily, a presumption that may be rebutted by a preponderance of the evidence. This page describes the statute and does not apply it to any case.
Do dual nationals owe U.S. taxes?
The State Department’s Dual Nationality page (last updated August 11, 2025, as captured June 25, 2026) said a U.S. citizen is obligated to comply with U.S. tax laws. The page worded this for U.S. citizens who are dual nationals.
Do other countries accept dual nationality?
The State Department’s Dual Nationality page (last updated August 11, 2025, as captured June 25, 2026) said different countries have different laws on dual nationality and some countries may not permit it. It also said local authorities may not recognize U.S. nationality if the person is also a national of that country.
Is a child born abroad to a U.S. citizen a dual national?
The State Department’s Dual Nationality page (last updated August 11, 2025, as captured June 25, 2026) listed birth outside the United States to 1 or 2 parents who are U.S. citizens as one way a person may become a dual national, and said the second nationality is based on the foreign country’s laws.
Related guides
Sources (reviewed November 2, 2026): U.S. Department of State: Dual Nationality · 8 U.S.C. 1481: Loss of nationality by native-born or naturalized citizen