Obtaining Japanese Passport

Hi,

I'm a U.S. citizen and I am half-Japanese and half-American by blood (my mother is Japanese). I'm currently trying to get a job in Japan but had a question regarding my citizenship status. I was born in the U.S. in 1983 and have had dual citizenship since then. However, my Japanese passport has expired and I'm currently in the process of trying to obtain a new one. I have a copy of my Koseki-Touhon from Japan and my old Japanese passport (expired about 6 years ago). My main concern is that the consulate will make me fill out a kokuseki-soshitsu-todoke in order for me to renounce my U.S. citizenship. Can anybody explain to me if the U.S. will recognize that renunciation, or how to go about renewing my passport without having to forfeit my U.S. citizenship? I've read through many similar posts here (which have been very helpful) and I know many people have been able to pull this off, but I still remain concerned on how I should go about this. Any help would be extremely appreciated, thanks in advance!

This is what the US embassy says about it:

The automatic acquisition or retention of a foreign nationality does not affect U.S. citizenship; however, the acquisition of a foreign nationality upon one's own application may cause loss of U.S. citizenship under Section 349(a)(1) of the Immigration and Naturalization Act (8 U.S.C. 1481). In order for loss of nationality to occur under Section 349(a)(1), it must be established that the naturalization was obtained with the intention of relinquishing U.S. citizenship. Such an intention may be shown by a person's statements or conduct. If the U.S. Government is unable to prove that the person had such an intention when applying for and obtaining the foreign citizenship, the person will have both nationalities.

That kokuseki sentaku todoke won't have any affect on your US citizenship. Why won't you contact the US embassy and see what they say?

I did the exact same thing a couple summers ago. Didn't have a Japanese passport for over ten years but decided to get one at that time for employment purposes.

DEPENDING on who you talk to at the consulate, some will be extremely open and happy to help you renew your Japanese passport, others not so much. In my case (Japanese consulate in Los Angeles), I had somebody help me who was a friend of a friend. Not sure if that played any part in my passport application but I had no hiccups whatsoever.

You're best off just calling up the folks and see how things are done. It's really not that big a deal! Good luck

: I was born in the U.S. in 1983 and have had dual citizenship since then.
: Can anybody explain to me if the U.S. will recognize that renunciation?

You'd better check whether you can have U.S.A. nationality under laws of U.S.A.
If you have not selected one nationality by the time you reached 22 in 2005....
- Your status under laws of Japan is a Japanese citizen who has not yet renounced U.S.A. nationality after making a declaration renouncing it.
- You are deemed under laws of Japan to have made a declaration selecting Japanese nationality and renouncing U.S.A. nationality at the time you reached 22. That's because you were multi-national and under 20 when the 1984 revision of Nationality Act (for adopting one-nationality principle) was enforced on 1 January 1985.
- Nationality Act states that a Japanese citizen who made this declaration shall endeavor to renounce his/her foreign nationality.
- Related articles: Articles 14 and 16 of Nationality Act, Articles 1 and 3 of Supplementary Provisions in the 1984 revision of Nationality Act.

: my Japanese passport has expired and I'm currently in the process of trying to obtain a new one.
: My main concern is that the consulate will make me fill out a kokuseki-soshitsu-todoke in order for me to renounce my U.S. citizenship.

Who has informed you of "kokuseki-soshitsu-todoke"? This notification is required after you lose Japanese or U.S.A. nationality.

Renewing Japanese Passport is one thing, selecting / renouncing a nationality is another thing. (The former falls under the control of Ministry of Foreign Affairs, while the latter falls under the control of Ministry of Justice.)
Your nationality issue doesn't affect your renewing Japanese Passport as long as you can keep Japanese nationality under laws of Japan.

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Just take your koseki to the nearest consulate to apply for your J-passport. The law about dual citizenship only appiies to people born after its enactment, 1985. The U.S. will take a neutral stance unless you volantarily renounce your citizenship.

: The law about dual citizenship only applies to people born after its enactment, 1985.

That's totally wrong.
I understand that the original poster is in the situation explained by Ministry of Justice at the bottom of this page.
http://www.moj.go.jp/ENGLISH/information/tcon-01.html

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Thanks for all the responses you guys. Maybe I have the kokuseki-soshitsu-todoke confused, but I was under the impression that there is a possibility that as I try to apply for a new Japanese passport, the Japanese consulate will confront me about renouncing my U.S. citizenship since I am essentially attempting to "claim" my Japanese citizenship by obtaining a new passport and also since I am over 22 years of age. I have an opportunity to work in Japan but I'm just so worried that I will somehow have to forfeit my American citizenship along the way. I am currently dealing with the Japanese consulate in Detroit, I don't know if that makes a difference as to whether they're more strict than the ones in Los Angeles or New York.

So basically, it's a toss up as to whether or not they will confront me about renouncing my U.S. citizenship? Thanks again for all the input.

They're not going to make you renounce your US citizenship. Stop worrying. If they do bring up the whole dual nationality issue, what they'll want you to do is decide whether you want to keep or lose your Japanese nationality. It will have no affect on your US nationality.

Another choice you have is to renounce your Japanese nationality and get a "Child of a Japanese" visa. It may make things more simple for you as far as taxes, different names, etc.

According to Nationality Act and explanation by Ministry of Justice, it's more desirable for you to dissolve your dual nationality.
But, Japan can not force you to abandon your U.S.A. nationality.

If you are trying to take, officially with no advantage to a U.S.A. national, an opportunity to work in Japan as a Japanese national, then no one can blame you because of your dual nationality for doing so, I think.

Probably you are recorded in the family register [koseki] headed by your mother or her parent. If so, the full copy of it [koseki-touhon] may show the nationality of her husband (= your father), but I presume your dual nationality can not be proved only with it.

I personally suppose that dual nationality does not necessarily bring about only good effects. It does not only give rights but impose duties as a citizen of each of the countries.

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You were born 1983 the law went into effect 1985, I don't think its retroactive, expo facto.

Even if it were, the J.Government can't take away your US Citizenship (which is incredibly hard to do) even if you said "Yeah I choose Japan", they (The J.Government) can't remove your US Citizenship, in fact, your US citizenship remains in tact even if you say you don't want it, if there is any doubt to your true intentions to keep it.

So, I wouldn't worry about it too much and just apply for a replacement or renewal, since you're not obtaining one for the first time.

Well I wanted to give you guys an update. I went to the consulate and filled out all the application forms. The application asked if I had a passport and/or citizenship from any other country, to which I replied honestly. I submitted the forms and they briefly looked over everything and said that my passport would be ready in 2 weeks, without mentioning anything about my dual citizenship. I still have to go back to the consulate in person to pick up the passport, but unless they ask me questions then, it looks like I might be in the clear. Fingers crossed, and thanks again for all the input!

So you guys think I'm in the clear? I would think that if they were going to ask me about my dual citizenship, it would have been when I submitted the applications, and not when I go to pick up the passport after they've already made it. Thoughts?

I really wouldn't sweat it, you are right they would of asked you during that time, not after the fact they said it will be ready in two weeks (since you are technically just renewing your current existing one).

In the (1%) chance I predict that they do ask you, what is more important to you Japanese or US nationality? Do you want to be double taxed? Again 1percent chance of anything happening. Again it is extremely hard to get rid of us nationality, so even if they make you chose, they say Japan, and that's it. They can't force you go go down to the state department and say you renouce us nationality, and even if they can "force you", under US law, you cannot give up nationality or they won't recogize it if you were under arrest or forced to other wise do something you did not fully intend to do. Again thats a small percentage I bet.

I say 99% you'll have no problems, and you're worrying about nothing much.

I stress the fact that even if you say to the J.Government you choose J Citizenship and plan to renounce US Citizenship, the US government won't accept that purely on that, so really it doesn't matter what you say to the J.Government, you won't lose your USCitizenship.

Because the JGovernment has no control of what the USGovernment does with its citizens, as much as the US can't control how Japan controls it's immigration.
The only way to get rid of your USCitizenship is by informing yourself that you are doing it voluntarily at your own free will. The USGovernment won't get rid of your USCitizenship if they feel you are under pressure or being made to by another outside party.

The truth is there are tons of people who keep two passports. Japan will simply ignore your other nationality, and whenever you are in Japan you can't claim anything otherwise but Japanese.

Again Japan will simply regard you as a Japanese citizen and nothing else, so you can't claim to be anything else other then Japanese when doing anything that is related to the J.Government (eg taxes), when exiting and leaving you use your Jpassport only, if you are arrested (in Japan) you can't claim protection from another Government.

While Japanese law says you can't have dual nationality, Japan will only recognize one officially. Nothing in US law says you can't have both, though it discourages it, because of things that might arise, eg double taxing, military service (though not a problem for Japan), and other diplomatic issues. Some people joke that it's easier to become a US Citizen then to officially renounce it.

So, even if Japan makes you give up your US citizenship the US keeps you as a US citizen. and you can apply for a new US passport.

But again, I doubt it'll get to this point.

I repeat.
: Japan can not force you to abandon your U.S.A. nationality.
: Your nationality issue doesn't affect your renewing Japanese Passport as long as you can keep Japanese nationality under laws of Japan.
That's why you were not asked about your dual citizenship while applying for a new Japanese Passport.

You are desired by Japan to renounce your U.S.A. nationality, but it's none of your legal duties under laws of Japan.

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