Dual Nationality

Dual Nationality

An equal claim, simultaneously possessed by two nations, to the allegiance of an individual.

This term is frequently perceived as synonymous with dual citizenship, but the latter term encompasses the concept of state and federal citizenship enjoyed by persons who are born or naturalized in the United States.

Under International Law, the determination of citizenship when dual nationality is involved is governed by treaty, an agreement between two or more nations.

A person who possesses dual citizenship generally has the right to "elect," or to choose, the citizenship of one nation over that of another, within the applicable age limit or specified time period. A person could be a U.S. citizen because of his or her birth in the United States and a citizen of a foreign country because his or her immigrant parents returned with their child to their native land. Foreign law could deem the child to be a citizen of the parents' native land, but it cannot divest the child of U.S. citizenship.Under federal law, a native-born or naturalized U.S. citizen relinquishes his or her U.S. citizenship if the individual procures naturalization in a foreign state through a personal application, or pursuant to an application filed in his or her behalf by a parent, guardian, or duly authorized agent, or through the naturalization of a parent having legal custody. An exception, however, provides that the individual will not lose his or her U.S. citizenship as the consequence of the naturalization of a parent or parents while he or she is under twenty-one years of age, or as the result of a naturalization obtained on his or her behalf while under twenty-one years of age by a parent, guardian, or authorized agent, unless the individual fails to enter the United States to establish a permanent residence prior to the twenty-fifth birthday.

The treaty between the United States and the foreign nation determines whether the individual may maintain the dual citizenship if he or she elects to retain the U.S. citizenship, or may lose his or her foreign citizenship and remain only a U.S. citizen.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
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References in periodicals archive ?
IS Pakistan ready to allow persons holding dual nationality to become members of its parliament?
The petitioners had claimed in their plea that MNA Maleeka Bokhari was not eligible to participate in general election as she was holding dual nationality at time of submission of her nomination papers.
In the light of the Supreme Court decision in the Suo Motu Case (3) 2018, the government has decided to amend the rules and regulations for government officials holding dual nationality, it is learnt.
A 3-member bench of SC presided over by Justice Umar Ata Bandial Wednesday took up for hearing a petition seeking disqualification of Murad Ali Shah on the basis of dual nationality and Iqama.
Adeel Anwar - a Pakistani-British, stated that Pakistani citizens holding dual nationality have the right to vote, invest, marry and start business in Pakistan, whereas the move of not allowing them for government posts was an act of discrimination.
Led by Chief Justice Saqib Nisar, a three-member bench heard a petition moved against Bukhari over his dual nationality, at Supreme Court's Lahore Registry on Wednesday.
Islamabad -- The Supreme Court on Wednesday cleared Punjab Governor Chaudhry Sarwar and PML-N Senator Nuzhat Sadiq in a suo motu case concerning civil servants holding dual nationality.
ISLAMABAD: Dual nationality cases against Punjab Governor Chaudhry Sarwar and Pakistan Muslim League-Nawaz (PML-N) Senator Nuzhat Sadiq were dismissed by Supreme Court on Wednesday.
ISLAMABAD -- The service of number of officers of Pakistan Customs Service (PCS) is in danger after the final judgment of the apex court regarding the dual nationality holders.
The three-member bench, headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar, said it will reach out to the government regarding those who occupy high offices and are dual nationality holders.
Manama: Bahrainis who have dual nationality will have to report their other citizenship before February 4, 2017.
3 (BNA): Bahrain has announced the guidelines for applying for a permission to keep the dual nationality. The initiatives by the Ministry of Interior are in line with the implementation of the relevant laws enabling the applicants to apply online on the GDNPR website, says Shaikh Ahmed bin Isa Al-Khalifa Assistant Undersecretary for Nationality, Passports and Residence Affairs.