【Explaining Something Surprisingly Unknown!】Living in the U.S. and Japanese Nationality
Recently, more Japanese people are living overseas for work or marriage. Here, using Japanese residents in the U.S. as an example, we explain the concept of nationality.
What is Nationality?
We often use the term “nationality” casually, but what exactly does it mean?
Simply put, “nationality” refers to the qualification that makes a person a member of a specific country. Here, “member” means someone who constitutes (is part of) the organization or entity that is the country.
For a country to exist, it must have territory (land) and citizens. In other words, without citizens, the state itself cannot exist. Therefore, every country has a concept of “nationality.” Furthermore, every country establishes rules for “nationality” based on its own criteria.
However, since each country has different histories, traditions, political and economic systems, etc., the definitions and methods for determining “nationality” naturally vary. This means each country defines “nationality” according to its own judgment and standards.
U.S. Law
A person holding Japanese nationality who resides in the United States retains their Japanese nationality unless they take specific steps to renounce it. However, the situation changes when a child is born to parents residing in the U.S.
In the United States, regardless of the parents’ nationality, any child born within U.S. territory automatically acquires U.S. nationality. This rule is known in legal terms as the “birthright citizenship” principle.
Japanese Law
In Japan, however, if either parent holds Japanese nationality, the child born will automatically acquire Japanese nationality. In this case, the place or country of birth is irrelevant. This rule is referred to in legal terms as “jus sanguinis” (bloodline principle).
Due to the “jus soli” rule in the U.S. and the “jus sanguinis” rule in Japan, if a child is born to Japanese parents residing in the U.S., that child can hold both Japanese and U.S. nationalities.
While Japan does not recognize “dual nationality,” if the child is born in the U.S. and completes the “Declaration of Reservation of Nationality” procedure at the Japanese Embassy or Consulate within three months of birth, they can retain both Japanese and American nationality. Failing to file this declaration means the child cannot acquire Japanese nationality and will only hold American nationality.
“Reservation of Nationality” allows children with dual nationality to retain Japanese nationality so they can live as Japanese citizens after returning to Japan. However, when the child actually resides in Japan, they must choose one nationality.
Summary
Japanese nationals retain their nationality even while residing in the United States. However, if a Japanese parent gives birth to a child while residing in the United States, that child can acquire U.S. nationality.
