Dual Citizenship

[Bucky]

We are discussing the merits of a Japanese obtaining US citizenship in the US and then traveling back and forth and the prospect of running up against the Japanese Immigration Nazis.

I am in the US and have an employee who is considering the idea of obtaining US citizenship while maintaining Japanese citizenship. In 2008 it will become a little more difficult to obtain US citizenship so their is some urgency to do it in '07.

The rub is Japan does not recognize dual citizenship as I understand it. Therefore, if Taro Suzuki is in the US, gets US citizenship and ALSO holds onto his Japanese passport with the intent of keeping Japanese citizenship, what happens when Taro gets to Narita and goes through the immigration check?

If he presents his Japanese passport and it does not show entry into the US because previously he used his US passport to enter the US will it raise red flags with the immigration inspector at Narita?

I am curious if any FG's out there have had any experience with this issue and if what happened?

My kids who each have dual citizenship have been able to pass back and forth without having a problem or being questioned about their dual citizenship, but once they reach 22 (I think it is 22) Japan requires them to declare a nationality as I understand it.

Buck

[FG Lurker]

You should have him talk to a lawyer who has knowledge in this area. It is potentially a very serious problem so relying on message board advice is not a wise idea.

That said...

Basically speaking there are all sorts of problems with an idea such as this. It would mean that he would be traveling on multiple passports for one trip, something that isn't going to make either the US or Japan happy.

If he leaves Japan to go to the US he would have to leave on his Japanese passport... But when he enters the US it would be on an American passport. I can't see how this would be allowed to happen by the US these days. The same thing when he returns to Japan. He won't have any US entry visa in his Japanese passport...From Japanese immigration's perspective it would mean he spent his whole trip stuck in an airport somewhere, not a particularly likely scenario.

I don't know what J-immigration would do when they found he had more than one passport. In the very least though I would imagine they would force him to give up one or the other. There may be other penalties involved as well. As already said above, he should talk to a lawyer.

[maraboutslim]

Talking to a lawyer is necessary. my only experience is with kids and no one seems to care what passport they happen to be carrying at any given time. though i was pissed that they initially declined to let me go through the shorter japanese only line with my kid at narita last time because i had a u.s. passport only: but when i replied, "the kid is japanese. i can't really have him wait in line on his own, you know, and now that he's checked in, he can't go back and get in line with me either, right?" presto, 'just go to the window over there with the stewardesses and do it next time, too'. yippy! (although as the kids get older its harder to argue its unsafe for them to wait on line alone).

FWIW, other than needing a security clearance for employment, I can't think of any reason for a Japanese to become a u.s. citizen. Well, another reason might be to bring over an aging parent - but in that case, it'd be pretty clear they want to stay in the u.s. and so giving up the japanese citizenship should japan force them to wouldn't be the end of the world.

[IkemenTommy]

From what I understand, and please do not hold me accountable as you are way better off consulting your lawyer, is for your children to renew their passports before their 22nd (or I thought the declaration was 20 in the US) birthday. That'll give them another 10 years to dick around until their passport expires. I have Japanese ha-fu friends who have been doing this and still hold both passports. They claim that they can do this forever without ever getting caught..

Though, I am sure the Immigration Nazis have tightened the restrictions as of post-911.

[Greji]

They claim that they can do this forever without ever getting caught.

It is not a matter of getting caught. Technically, the legal age is 20 for Japan and 21 for the United States.

However, as I think we have posted in other threads on the board, neither country is normally strict on enforcement for dual nationals.

No country willingly wants to force their citizens to relinquish their citizenship, Japan and the US included. Children born dual citizens will usually not be challenged on this subject over the long run. It is one of the grey areas that is not nomally pursued beyond legal age. The US will normally not hold a person to declare their citizenship unless it comes to the attention that the person is utilizing another country's passport for personal gain. This is usually held to be large business transactions, or acting on behalf of the foreign government.

Having said that, on the new application form for a US passport renewal, you are asked if you have been issued a passport by any other country, since your last US passport was issued. So, assuming you answer this honestly, they are going to eventually know if you have received a foreign passport. But again, they have not actively pursued this for born dual nationals.

If you are nationalized that is a separate issue. You are instucted by the new country of citizenship to proceed to the nearest authority for your previous country of citizenship (this would usually be the embassy) and denounce your old citizenship and turn in your old passport. Again, neither Japan or the US as the relinquishing country, will hold you to this, unless something officially calls this to their attention, as they do not want to lose you as a citizen.

But, this is policy as compared to law and if an incident should bring this citizenship issue into question, the individual will be held in the status that is best defined by law. Sometimes simple continued residence in the country can be sufficient to construed as a statement of citizenship with that country if the individual has become of legal age.

However, be all that as it may, Bucky's friend's best course is still to consult with the lawyer, so he will at least better know where he officially stands!