Navigating Dual Nationality: An Informative Guide for Japanese-American Dual Citizens under Child Citizenship Act of 2000

This guide provides crucial information for Japanese-American dual citizens who obtained their U.S. citizenship through the Child Citizenship Act of 2000. It covers essential topics such as the use of dual passports while traveling, managing nationality laws, passport renewal, and how to secure Japanese nationality for children. Designed for those under 20 years of age, the slides include tips for interacting with Japanese officials and understanding legal rights. The document is intended for informational purposes only and is not a substitute for professional legal advice.

Transcript

1. Navigating Dual Nationality: An Informative Guide for Japanese-American Dual Citizens under Child Citizenship Act of 2000 May 2024
2. Disclaimer I am not a legal professional. The information provided in these slides is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to these slides do not create any legal relationship between the presenter and the viewer Please also note that Japanese nationality law might change in the future
3. Situation • You are the legal holder of both Japanese and U.S. passports • You automatically received your U.S. passport when your parent became a naturalized U.S. citizen. You did not naturalize independently ◦ However, except for the 'How to Renew Your Japanese Passport' slide, all the information presented should also apply to those who became dual nationals at birth • You currently reside in the U.S. • You are under the age of 20
4. Traveling to Japan • After booking your flight using the name in your U.S. passport, enter the number of that U.S. passport on the airline's website • At SFO/SJC (or any other U.S. airport), use your U.S. passport at the airline counter and for TSA security checks • At NRT/HND (or any other airport in Japan), present your Japanese passport at the immigration gate. Request an 入国 (entry) stamp • Enjoy your time in Japan! • See ANA Americas website for more details
5. Leaving Japan • At NRT/HND (or any other airport in Japan), present your U.S. passport at the airline counter • Use your Japanese passport at the immigration gate. Request a 出国 (departure) stamp from the immigration officer • This procedure applies even if you are traveling from Japan to a country other than the U.S., such as South Korea!
6. Traveling to Other Countries • Use your U.S. passport for all travel-related activities • Exception: If you are traveling to a country where U.S. citizens require a visa but Japanese nationals do not, you may use your Japanese passport for entry and exit. However, such situations are very rare
7. How to Retain Your Japanese Passport • The U.S. government does not concern itself with your Japanese nationality • What does Japanese nationality law（国籍法）stipulate then? ◦ 第十四条　外国の国籍を有する日本国民は、 [...] 二十歳に達するまでに、 [...] いずれかの国籍を 選択しなければならない ◦ Article 14: Japanese nationals who possess a foreign nationality must elect a single nationality by the age of twenty • If you elect U.S. nationality, your Japanese passport will be immediately invalidated. This is probably not desirable • If you elect Japanese nationality, no changes occur. You can continue to use your Japanese passport without any effect on your U.S. passport
8. How to Retain Your Japanese Passport • However, after electing Japanese nationality, you are required to undertake the following: ◦ 第十六条　選択の宣言をした日本国民は、外国の国籍の離脱に努めなければならない ◦ Article 16: Japanese nationals who have declared their nationality choice must endeavor to renounce their foreign nationality. • You are required to attempt to renounce your U.S. citizenship, but importantly, there is no set deadline for this. Technically, you may continue your efforts indefinitely, assuming Article 16 does not change in the future. Many people do that for life ◦ If questioned about renouncing your U.S. citizenship at immigration or by the Japanese embassy, you may simply state, “I am still in the process,” which should be effective in most cases ◦ It has been reported that Japanese officials might sometimes instruct individuals subject to Article 16 to renounce their Japanese nationality using methods that are not entirely in line with the nationality law. You should be cautious and refuse such suggestions
9. How to Retain Your Japanese Passport • Also, retaining U.S. citizenship is not a criminal offense in Japan, as there are no penalties specified under Article 16
10. How to Retain Your Japanese Passport • Very rare exception: ◦ 第十六条２項　法務大臣は、選択の宣言をした日本国民で外国の国籍を失つていないものが自己 の志望によりその外国の公務員の職（その国の国籍を有しない者であつても就任することができる 職を除く。）に就任した場合において、その就任が日本の国籍を選択した趣旨に著しく反すると認め るときは、その者に対し日本の国籍の喪失の宣告をすることができる ◦ Article 16, Paragraph 2: The Minister of Justice may declare the loss of Japanese nationality for Japanese nationals who have declared their choice yet retain their foreign nationality and who accept a position as a public officer in that foreign country (excluding positions that are open to non-nationals) if such an appointment significantly contradicts the intent of choosing Japanese nationality. • This clause typically applies in rare cases, such as if you were to become a legislator in the U.S.
11. How to Retain Your Japanese Passport • What if you don’t choose Japanese nationality within the specified timeframe? ◦ 第十五条　法務大臣は、外国の国籍を有する日本国民で前条第一項に定める期限内に日本の国籍の選択を しないものに対して、書面により、国籍の選択をすべきことを催告することができる ◦ Article 15: The Minister of Justice may issue a written notice to Japanese nationals who possess foreign nationality and fail to choose Japanese nationality within the deadline stipulated in the previous article, urging them to make a nationality selection ◦ 第十五条３項　前二項の規定による催告を受けた者は、催告を受けた日から一月以内に日本の国籍の選択を しなければ、その期間が経過した時に日本の国籍を失う ◦ Article 15, Paragraph 3: Individuals who receive such a notice must choose Japanese nationality within one month from the date of the notice. Failing to do so will result in the loss of Japanese nationality upon the expiration of that period • However, there has never been a recorded instance of such a notice being issued by the Minister of Justice (source) • If you do receive such a notice, although it is very unlikely, you can simply choose Japanese nationality in response
12. Possible Strategies • Understand Japanese Nationality Law: ◦ This is crucial! Be aware that Japanese officials, whether at immigration or in an embassy, may attempt to persuade you to renounce your Japanese nationality • Consider Declaring Your Nationality Choice for Japan Before Age 20: ◦ Submit a 国籍選択届 (Nationality Selection Notification) before you turn 20 if you are comfortable doing so ◦ Doing so generally secures your Japanese passport, unless you pursue a significant political role in the U.S., like becoming a senator • Respond to Contact from Japanese Officials: ◦ If approached by a Japanese official, maintain that you are “still in the process of renouncing my U.S. citizenship” or say, “I need to consult with my lawyer first.” It is crucial never to sign any documents without legal advice Please note: This document is for informational purposes only and is not intended as legal advice
13. How to Renew Your Japanese Passport • You can renew your Japanese passport even if you have not declared your nationality choice within the specified timeframe (source) • Similarly, it is said that you can renew your passport without issue while in the process of renouncing your U.S. citizenship • Complete the renewal form in Japanese as follows: ◦ 現在、外国の国籍を有していますか (Do you currently possess a foreign nationality?) → はい (Yes) ◦ どこの国の国籍か入力してください (Please enter which country's nationality) → アメリカ合衆国 (United States of America) ◦ 取得年月日 (Date of acquisition) → Enter the issue date of your Certificate of Citizenship ◦ どのような方法で取得しましたか (How did you acquire it?) → 帰化申請又は国籍取得届出 (Through naturalization or notification of nationality acquisition) • Attach your U.S. Certificate of Citizenship to the application
14. How to Make Your Children Japanese nationals • Your biological child is eligible for Japanese nationality if you are a Japanese national at the time of their birth ◦ If your child is adopted, additional considerations apply to their eligibility for Japanese nationality • Actions Required to Register Your Biological Child as a Japanese National: ◦ Submit a 出生届 (Birth Notification) to your nearest Japanese embassy or consulate within three months of the child’s birth ◦ If your child is born outside Japan and acquires a foreign nationality at birth, it is crucial to indicate that you are opting for 国籍の留保 (retention of nationality) for your child on the 出生 届
15. How to Make Your Children Japanese nationals • The retention of nationality is critical. Failing to request 国籍の留保 will result in the loss of your child's Japanese nationality • When obtaining a 出生届 form outside Japan, a designated entry field for 国籍 の留保 is usually included. However, forms obtained within Japan do not typically have this entry field, so be particularly attentive to this detail
16. Important Note Before making any decisions or taking any actions based on the information provided in this guide, it is crucial to consult with a qualified attorney. This guide is intended for informational purposes only and does not constitute legal advice. Each individual's situation is unique, and a legal professional can provide advice tailored to your specific circumstances. That's it! Good luck with navigating dual nationality, and we hope this guide has been helpful to you.