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The individual would have to be deemed a U.S. citizen by birth, and also deemed a Mexican citizen under Mexican law. Here's why:

The United States has two types of citizenship, citizenship by birth and citizenship by naturalization.

U.S. citizenship by birth and "dual citizenship"

The specification of what characteristics must accrue to those accorded U.S. citizenship by birth is primarily set forth in Title 8, United States Code, section 1401, but 8 U.S.C. §1401a, 8 U.S.C. §1402, 8 U.S.C. §1403, 8 U.S.C. §1404, 8 U.S.C. §1405, 8 U.S.C. §1406, 8 U.S.C. §1407, 8 U.S.C. §1408, and 8 U.S.C. §1409 also speak to this.

Some of those accorded U.S. citizenship by birth include persons born outside the United States. For instance, inter alia, 8 U.S.C. §1401(c), 8 U.S.C. §1401(d), 8 U.S.C. §1401(g) and 8 U.S.C. §1401(h) specify characteristics accruing to individuals who are considered U.S. citizens by birth, but who are born outside the geographical boundaries of the United States. This is the American jus sanguinis.

It is therefore corollary to this status that those individuals are both entitled to U.S. citizenship by birth through the jus sanguinis and citizenship in and of the relevant foreign nation through that nation's jus soli. That is, when one is a U.S. citizen by birth because one has the characteristics accruing to oneself that are specified in 8 U.S.C. §1401 et seq., it is a matter of birth, and not choice.

Therefore, by the jus soli as to both countries, one is a U.S. citizen by birth and in some way is subject to the citizenship laws of the foreign nation, simultaneously. This status is what is meant by the term "Dual Citizenship".

U.S. citizenship by naturalization and the legal impossibility of "dual citizenship"

U.S. citizenship by naturalization, however, stands in contrast to this. Particularly instructive about U.S. citizenship by naturalization, set forth in Title 8, United States Code, section 1421, et seq., is 8 U.S.C. §1448(a)(2):

"[a] person who has applied for naturalization shall, in order to be and before being admitted to citizenship, take in a public ceremony before the Attorney General or a court with jurisdiction under section 1421(b) of this title an oath:

...

to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which the applicant was before a subject or citizen[.]"

What this means is that under U.S. law, at the moment of naturalization, by U.S. law one is no longer a citizen of the nation from which one originated, and henceforth is only a U.S. citizen. Therefore, for naturalized citizens of the United States, it is legally impossible to be a "dual citizen". Answer

The US does not technically recognize dual citizenship. If you are a US Citizen, then under US law you are just that - a US citizen - just like any other US citizen.

That much being said, however, if some other nation choses to recognize you as a citizen of their country under the laws of their country then that is fine, it is not illegal or prohibited - it is just neither here nor there to the US.

As the second answer above indicates, some people are ipso facto dual citizens without ever applying to or even intending to become such, but simply through the action of the laws of the various countries involved.

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10y ago
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15y ago

DUAL NATIONALITY: Mexican law recognizes dual nationality for Mexicans by birth, meaning those born in Mexico or born abroad to Mexican parents. U.S. citizens who are also Mexican nationals are considered to be Mexican by local authorities. Dual-nationality status could hamper U.S. Government efforts to provide consular protection. Dual nationals are not subject to compulsory military service in Mexico. Travelers possessing both U.S. and Mexican nationalities must carry with them proof of their citizenship of both countries. Under Mexican law, dual nationals entering or departing Mexico must identify themselves as Mexican. For additional information, read our information on dual nationality and prevention of international child abduction.

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11y ago

Yes. Both countries accept dual citizenship.

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Q: Can a US citizen hold dual citizenship in Mexico?
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