I was born in the US but both of my parents are Taiwanese, which according to Taiwanese law means I’m a national (國民). Am I considered a dual citizen from the US’s standpoint? According to Wikipedia 國民 is a national while 公民 is a citizen (though the Nationality Act only mentions 國民), but I have no idea how the US interprets this, and whether I should answer yes or no if asked if I’m a dual citizen.
Edit: Some more info, I lived there during middle school as a National without Household Registration (can’t vote/don’t have to serve) and had a 居留證. I also had the passport that they give to NWOHRs and used it a few times to enter/exit Taiwan.
your parents register your birth in any conceivable way with Taiwan authorities?
if no, you are yet not officially Taiwanese, i.e. Taiwan R.O.C. does not know you even exist as a child or ROC citizens.
Yea I visited a few times as a minor, and do have an “Overseas Passport”. I don’t believe I was ever on a Household Registration. So essentially I’m wondering if a National without Household Registration/citizenship rights is considered a dual citizen to the United States, since Taiwan doesn’t define “citizen”.
Well, in the eyes of the US, it is all fine and dandy to be a dual citizen.
I don’t believe the US ever asks on any official document whether you have dual citizenship if you are a natural-born citizen (to a US citizen, or born in the US).
Is there some other reason you need some exact clarification, like you are applying to CIA or NSA for a job, or some other intelligence background check?
Yea it’s for a background check, and I need to answer if I am or ever was a dual citizen. I’ve tried calling the Dep. of State and USCIS but they give me automated messages or don’t seem to have relevant information.
if it was me, i wouldn’t wait for either one to provide an answer. Google some immigration lawyers in your area and call them directly to ask for a person with specific experience to your case. Then amortize the cost over a 20-year likely career timeline. That way, won’t feel so expensive.
Can’t you write down that you’re not sure–that it is a difficult legal question?
One issue is that “nationality” and citizenship" have distinct legal meanings in the USA. (These days “nationals but not citizens” are all from American Samoa.) Taiwan law seems not to make this distinction, even though it effectively recognizes two different classes of citizenship.
I have to choose between yes or no, and I can choose to provide an explanation. However the questions that follow are different based on whether I answer yes or no, and I think the technicality is important in determining what actions I might need to take.
The thing is that there’s no limit on the number of generations ROC nationality can be transmitted so anyone tracing their ancestry to a Chinese person in China since 1912 is legally a ROC national. That’s a whole lot of people. Does every Chinese American need to disclose this? Of course not as there’s nothing wrong with being ignorant of obscure nationality laws…but the fact that you exercised this nationality by traveling with a non-US passport means you are fully aware of your status and you will be better off explaining the circumstances than hiding it.