Unsure of Dual Nationality Status

Hi.

I am in a bit of a bind. I was born in the US to my parents while on an L1-A work visa, and lived here until I was 6. Then, we moved back to Japan.

The law in Japan requires to make a decision by age 22, but I never followed up on the matter, since I have been living in the US since I was 21. I am now 24.

I am unsure of my dual citizenship, as I don't know where I stand.

Is it too late for me to do anything about my status? My parents told me that they have not received any kind of formalities from the ministry.

I am traveling back to Japan for the holidays. Should I do anything before?

Please, any kind of help is welcome.

You have the Japanese nationality and wonder if you are entitled to the USA nationality because you were born in the USA during a stay of your parents there? I assume they registered your birth with the City Hall in America?
In any case, your only chance to get a reliable answer is to take contact with USA immigration officials and ask them this very question. You got nothing to lose.

You are a US citizen by virtue of being born there regardless of your parents' immigration status. The Japanese government would like you to choose but they cannot compel you to do so simply because the US government will not recognize their intention to force you to relinquish US citizenship. (My fingers are out of breath!) Basically, you ae free to be a US citizen for as long as you choose to be one.

Do a search on this site, this issue has been covered before.

Michiko chan:

All of my 3 kids have dual citizenship, even the ones that born in Japan, because I gave them mine.

Actually Japan doesn't accept dual citizenship, but for example, my last kid born abroad and she has the citizenship of the country she was born. At 22 as you mentioned, the japanese send to all their nationals abroad a document in which you have to decided which country you want. My girl of course, was raised as a japanese and decided to be one for sure, and believed that she had to resign to the other one, but they didn't accepted her resignation because it will be given only if she does some harm or high treason. None of them has done you can understand. So, my baby has dual and the Japanese Goverment accepted it.

This kind of situations happens when japanese babies born when their fathers are on iplomatic and/or special missions or when they have executive asignments abroad.
If you received the document, fill it and deliver it, if not, ask your embassy, first of all you are japanese, cause both of your parents are.

After that, you should go to American Foreign Affairs Ministry and ask them about your status. If your parents registered you in the States you are American.

So like it or not you will end having dual.

The new generation is wonderful, you are citizen of the world. I am thankful to the two governments, we love and respect both of them and proudly my kids walk in the earth with this.

Please ask as many questions you may have in the two places, be sure to understand everything and hope this "tale" will be a help for you and mom and dad.

P.S. Ask your dad to go the the Japanese Embassy, that is the way to do it.

Please tell me how everything goes, OK?

Nice mom

All you need is your US birth certificate to prove that you are entitled to US citizenship. If you were born in the US, you have one. US citizenship does not depend upon whether your parents registered you or not, even if your parents were illegal immigrants you would still have US citizenship by virtue of being born in the US.

I apologize if my original question was vague.

Actually, I did search through similar topics but I couldn't find one pertaining to my particular situation.

It was never a question of my US citizenship, only my Japanese one.

As I said, I have been living here in the States since I was 21, and didn't make a decision towards renouncing either of my citizenships. I was just worried that perhaps time had run out for me, and nothing could be done--worse, that they might revoke my Japanese citizenship, as bring the matter up when I go back next month.

Thank you so much, Nice mom. Your response was very helpful. I will do as you suggested.

As long as you carry a Japanese passport, you are a Japanese citizen.

I was born in Japan and moved to the US and got a citizenship. The Japanese government asks you to try to choose one citizenship, but the word TRY is the key here. As long as you're trying, you can hold a dual citizenship.

Is it a problem if my Japanese Passport has expired? I haven't renewed it in two or three years.

I thought the rules are different for Japanese citizens who chose to get a citizenship from another country. The way I understood it, the moment you obtain another citizenship, your Japanese citizenship ends. It's just that the Japanese government doesn't track these things (heck, they can't even track the national pension system!) so if you don't get caught, you're okay but if they catch you, they will revoke your Japanese citizenship? The law seemed very clear on this though I have no idea how they'd actually track you down or revoke citizenship. Do they take your koseki away or something?

For those of you who have dual citizenships, I read that you should do the paperwork to select Japanese citizenship when you turn 22 and do nothing about American citizenship since the Japanese governmen can't force the American government to revoke American citizenship from an American even if he/she also has a Japanese citizenship.

Regarding choosing to become a citizen of another country, I cannot claim to be an expert in Japanese law, but I would say the problem with Japan taking an aggressive stance on such matters is their own inconsistent application of the law in the past. Look at Alberto Fujimori.

TO WHOM MAY IT CONCERN:

In the first place, I must declare that I'm not the author of the following info, I just made a compilation from this forum. But maybe it will help others you know?

"........ First of all, note that the age you must choose your nationality is 22. This is according to Article 14 where it says,

"A Japanese national having a foreign nationality shall choose either of the nationalities before he or she reaches twenty two years of age if he or she has acquired both nationalities on and before the day when he or she reaches twenty years of age or, within two years after the day when he or she acquired the second nationality if he or she acquired such nationality after the day when he or she reached twenty years of age." However, the law doesn't actually tell you to surrender your other nationality. It just says you have to keep trying. Please refer to Article 16 for details where it says, "A Japanese national who has made the declaration of choice shall endeavour to deprive himself or herself of the foreign nationality."
So bottom line, you won't get "caught" even if they find out you have dual nationality after 22 years of age. Just tell them, "I'm trying" and you'll be okay.
If the worst thing happens, remember any government cannot impound a travel document that belongs to another country. They can only "advise" you to do certain thing after entry.

No authority will punish you even if you continue to hold dual nationality of Japanese/ ... another Citizenship. Say you declare japanese nationality, and tell Japan you renounce your US, British, Brazilian or anyone.

Japanese government would like you to choose but they cannot compel you to do so simply because the US government/and other ones likewise, will not recognize their intention to force you to relinquish another citizenship. Basically, you are free to be a US citizen for as long as you choose to be one. Most countries do not accept renounciation done made to foreign governments. It is a loophole that Alberto Fujimori used. Now, anyone can use it.

They can't revoke your Japanese citizenship, as long as you got you Nihon passport. If you are in the States, or in any country, just go an renew your passport at the Japanese Embassy or Consulate. As said before, go with the parent that is a japanese national.........."

You will need a "jyuminhyo" at your parent's ward. If somebody has more accurate information, please do it.(Gosh, I have to remember my kid about this thing!)

Last but not least: Tilt, will you explain us the following? Because many will like to know. I understand that just by being born in the USA you are a citizen and period, nobody can't take out it from you, unless you commit high treason, and then you wil end losing both nationalities plus jail or death sentence. WOW! But to have the US birth certificate is because some parent or the hospital did the work or what?

Thanks in advance. L & K,

Like I wrote above, the rules are different for those who acquired dual citizenship involuntarily (by birth or marriage) and Japanese citizens who chose to aquire foreign citizenship:

''A Japanese national is assumed to have renounced citizenship upon naturalization in any foreign country, although a formal report (on a form available at embassies overseas) from the renouncing person is generally required to finalize this process.''

http://en.wikipedia.org/wiki/Japanese_nationality_law

Again, the law is very clear on this (chapter 11, section 1). If you obtained another citizenship on your own will say through naturalization, your Japanese citizenship is automatically revoked:

http://www.moj.go.jp/MINJI/minji78.html#a12

So if I obtain American citizenship, technically speaking, I lose my Japanese citizenship but if I don't do the paperwork, they wouldn't know what I'm up to but what exactly happens if they find out? I guess it depends on how the MOJ is feeling at the time?

Anyway, to the OP, you might want to read the wiki article carefully:

''Articles 14 and 15 require any person who holds multiple citizenship to make a declaration of choice between the ages of twenty and twenty-two, in which they choose to renounce either their Japanese citizenship or their foreign citizenship(s). If they fail to do so, the Minister of Justice may demand a declaration of choice at any time, and if the citizen fails to make the declaration within one month, their Japanese citizenship is automatically revoked.''

Here is another helpful link for those of you who have dual citizenships:

http://tokyo.usembassy.gov/e/acs/tacs-7118b.html

I don't want to argue but I think that Michiko chan is getting scared.

I can't "open my fingers" but I know what I'm talking about. Let's say that somebody close to my family has been in the Diplomacy and has many years of experience and period.

OK you chose to be japanese, fine then you want to renounce to your other nationality, but it is the 3rd time that I say, the other country doesn't accept your resignation because in its Carta Magna is written and they won't repeat won't accept it. What are going to do? Kill somebody? Commit treason? No, What can be done by the Japanese Government? Tell the other countries to change their Constitution?
It can't be done, do you agree?
I know young boys and girls that born in other countries when their parents were with Diplomatic Passport, and even with it, they have the dual. Right now I have the son of a friend of mine that is at the University and is using the other citizenship, because has more advantages relating with money.

Just go to the Embassy or Consulate, ask for your renewal passport and finish. Don't worry, there are thousands of boys and girls your age and older that have dual. Is the Japanese Government going to end relations with everybody?
Comon! They are aware of this, and if you and anybody don't believe, ask a lawyer, but better ask the embassy, they are paid to serve you the citizens around the world.
I am not going to say anything more, not even write about it once more. But don't scare young people please. I know what I am talking about. The End.

Jee,I got tired, exhausting job here.
Sayonara

nice mom,

i don't think you understand what aoi is saying. her info doesn't contradict your info on kids who were born with dual citizenships.

if anyone has questions, they should ready the minister of justice link that is posted above and read the original japanese text. it's a bad idea to take legal advice from non-experts.

Michiko Chan,

Do you have koseki tohon in Japan? if you do, you can renew your Japanese passport any time. You can get into Japan with a US passport and renew your Japanese one while you're there. Or you can have your koseki tohon send to you, go to Japanese counsel in the US and renew your Japanese passport.

I've kept both my passports over 20 years without any problem. Only time anyone said anything to me was when I went to Japan and showed both my passports to an immigration officer. He simply said not to show two passports. He said to show my Japanese one when I enter Japan and the US one when I go back to the US. I've been doing just that for a long time.

Thanks the Lord, finally a short and to the point answer, as always Tokyonet. Thank you, it is going to help lots of people.

Sorry Aoi, as I said, I don't want to argue with anybody never ever. But the content of the info read by a 21 year could scare, analyze it please.

I understand clearly that all this forum wants, is to help to solve problems, but we are humans you know?, and sometimes we mix up things, including grown up people like me. Still friends? Bye.

The answer is simple.
1. Are you regisered at your Japanese parents' koseki(family registration certificate)?
2.If yes, then no problem.
Once you have come to Japan to live, then go to the nearest local government office and register as a residence there.
3. Then, tell the local government office that you want to choose the Japanese nationality,and then fill the necesarry form there.
You don't have to abandon your US nationality. Even if you have claimed to choose the Japanese nationality, you can always keep the other nationality too. They don't bother about you having the dual nationalities or the time limit to chose.But when you travelin and out of Japan, you just carry your Japanese passport .
My sons have dual nationalities and chose the Japanese at the age of 24 because the local government just forgot to inform my sons of the procedures. Don't warry. Your parents are Japanese. The Japanese government won't give you any trouble.

Hi, I was born to a Japanese mother and American father, and was raised almost entirely in the States. I had a Japanese passport when I was young, but it has been expired for 16 years now. I'm currently living in Japan, and for practical reasons want to be treated as a Japanese citizen in Japan, and would need to renew my old Japanese passport to do that.

I've read through various posts on the web, and I know that since I was born before 1985 I legally have Japanese citizenship, and that other half-Japanese people have successfully renewed their passports after age 22, by which time they're supposed to declare citizenship. However, given that my passport's been expired for so long, I hadn't been living in Japan (or paying taxes, registering at the kuyakusho, etc), and I was living in the US as a US citizen, perhaps I'll be unable to renew my passport?

Any info insight would be greatly appreciated! : )

31yo half, have you applied for your passport yet?　I'm in a similar situation as you and I'm wondering if you had problems getting your passport. The only thing I'm concerned about is on the application form, I believe they ask if you have a passport from another country. I'm gonna be honest and tell them that I do.

I've read this thread along with several others and have some questions specific to me, which may be doubling up with some previous questions, but would appreciate any additional guidance nonetheless.
My situation:
-26 years old, I was born in the US to Japanese citizen parents.
-Using my US passport currently to travel.
-My Japanese passport has expired over 10 years ago.
-I'd like to retain dual citizenship with the US and Japan and I assume that I do, since I have not officially chosen one or the other when I turned 22(I did not receive any notice from the Japanese ministry).

What I'd like to do:
Get a new Japanese passport and work in Japan while keeping my US citizenship.

To get a new Japanese passport, I have heard that I need to get a Koseki Tohon from the ward where my parents registered me, then with that I can get a new Japanese passport at the Japanese Embassey in the US(SF in my case).

My Questions:
1)What are the ways in which to acquire the Koseki Tohon, and if I have to do this in person(which I can do since I will be visiting Japan for 2 weeks, next week), what questions will I be asked and how should I answer them?

2)I have been told that I will need to bring my US passport along with the Koseki Tohon to the San Francisco Japanese Embassey in order to make a new Japanese passport. Why would they require my US passport? Should I be worried about this fact?

3)Can I get my Japanese passport made in Japan(without having to "officially choose" Japan as my nationality over the US)? How long would it take if it is possible, and is it easier than getting it made in the US?

Thanks in advance for any assistance.