Citizenship Rights and Renunciation: Understanding Dual Citizenship and the Impact of Birth in the United States

Individuals born in the United States (US) to non-American parents often wonder about their citizenship status and the possibility of renouncing their American nationality. This article explores the complexities involved and clarifies common misconceptions about dual citizenship, birthright citizenship, and renunciation processes.

Automatic US Citizenship

Under the 14th Amendment to the US Constitution, a child born in the US is automatically considered a US citizen. This applies even if the child's parents are foreign citizens, unless the parents fall under specific exemptions, such as being foreign diplomats or members of an occupying enemy force. This principle, often referred to as 'birthright citizenship,' protects the right of children to US citizenship based on their place of birth.

The 14th Amendment states: 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.'

Renunciation and Dual Citizenship

Renouncing US citizenship is a significant decision, with both legal and practical implications. Unlike under some other citizenship models, the loss of one citizenship does not necessarily imply the loss of another. Therefore, individuals in the US who are dual citizens have the option to maintain their other citizenship while renouncing their US citizenship.

According to US law, one can renounce their US citizenship if they meet certain requirements and file a formal declaration. The process involves a complex set of rules and can be costly. As of 2023, the US Government requires a fee of $2350, plus the cost of services such as a notary and an attorney. Additionally, individuals must file and satisfy their final tax obligations, making the process a significant financial and administrative burden.

Childhood Citizens and Dual Nationality

A child born in the US to non-American parents automatically acquires US citizenship. However, the child can also be a citizen of their parents' country if their parents' home country recognizes citizenship by descent. For instance, some countries grant citizenship to children based on their parents' nationality, a process known as jus sanguinis.

It is important to note that the child does not have to choose which citizenship to retain or renounce at the point of birth. They can maintain both citizenships until they decide to renounce their US citizenship as an adult, subject to the legal requirements.

Exemptions and Special Cases

There are a few specific cases where a child may not automatically receive US citizenship:

Children born to foreign diplomats residing in the US: These children are typically not granted US citizenship under US law. Children born to members of an occupying army: If the parents are part of an occupying force, the child may not receive US citizenship. Children born to members of a recognized authority: If the parents are members of a recognized authority in a foreign force in the US, the child may not be a US citizen.

Conclusion

Understanding the complexities of US citizenship, especially in the context of dual citizenship, is crucial for individuals and their families. The 14th Amendment establishes automatic US citizenship for individuals born in the US, while renouncing US citizenship is a complex process with specific requirements. Individuals born in the US to non-American parents are dual citizens by default, and can maintain this status until they choose to renounce their US citizenship as adults.

For detailed guidance on renunciation processes and eligibility requirements, consulting with a legal or citizenship expert is advisable.