Can I claim dual Japan-USA nationality ?
Q: Can I claim dual Japan-USA nationality ?
A: Many Japanese-USAmericans do it. First hear out the official government policies (see below). Then seek real lawyer if you do not like the “offiical” answer. Hint: If either government doesn’t want you to have two passports…. remember that [nudge-nudge-wink-wink] what they don’t know about….
Another tip: Never try leave Japan or USA using one passport and then try to return on a different passport.
Questions About Dual Nationality
American Community Update – October 2005Every year thousands of children are born to U.S. and Japanese parents, with just about all of these newborns obtaining both American and Japanese citizenship. As a result, U.S. consular officials are often asked for information or guidance on a myriad of issues related to dual nationality.
United States law does not contain any provisions requiring U.S. Citizens who are born with dual nationality or who acquire a second nationality at an early age to choose one nationality or the other when they become adults (see Mandoli v. Acheson, 344 U.S. 133 [1952] ). The current nationality laws of the United States do not specifically refer to dual nationality.
On the other hand, according to a pamphlet published by the Japanese Ministry of Justice, Japanese law requires persons holding both foreign citizenship and Japanese citizenship (dual nationals) to choose a single nationality before reaching age 22 (or, if having acquired dual nationality after age 20, within two years of acquisition). Failure to choose one nationality may result in that person losing their Japanese nationality.
“Choosing” Japanese nationality does not mean you lose U.S. nationality. If your choice is to remain Japanese, you will still retain your U.S. citizenship. If you wish to renounce your U.S. citizenship, something we never advise, you must come to the Embassy or a consulate in person to complete that procedure. This is completely separate from the Japan requirement to choose or not choose Japanese citizenship.
While recognizing the existence of dual nationality and permitting Americans to have other nationalities, the U.S. Government does not endorse dual nationality as a matter of policy because of the problems which it may cause. Claims of other countries upon dual-national U.S. Citizens often place them in situations where their obligations to one country are in conflict with the laws of the other.
In addition, their dual nationality may hamper efforts to provide diplomatic and consular protection to them while they are abroad. It generally is considered that while a dual national is in the other country of which the person is a citizen, that country has a predominant claim on the person. In cases where a dual national encounters difficulty in a foreign country of which the person is a citizen, the ability of the U.S. Government to provide assistance may be quite limited since many foreign countries may not recognize the dual national’s claim to U.S. Citizenship.
If you are a dual national, Section 215 of the Immigration and Naturalization Act ( 8 U.S.C. 1185) requires U.S. Citizens to use U.S. passports when entering or leaving the United States unless one of the exceptions listed in Section 53.2 of Title 22 of the Code of Federal Regulations applies. Dual nationals may be required by the other country of which they are citizens to enter and leave that country using its passport, but they do not endanger their U.S. citizenship by complying with such a requirement.
More information on dual nationality can be found at: Japan.USembassy.gov.
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