Consulate General of the Republic of Korea in Chicago

Guidance on verifying the innate dual nationality of U.S.-born persons

1. How to verify the innate dual nationality of U.S.-born persons

ㅇ Persons born after June 14, 1998: A person whose "father or mother" had Korean nationality at the time of his/her birth acquires Korean nationality at the same time as his/her birth. (Jus sanguinis)

ㅇ Persons born before June 13, 1998: A person whose "father" had Korean nationality at the time of his/her birth acquires Korean nationality at the same time as his/her birth. 

1. What dual nationals need to do

① Birth report [Go to birth report]

Birth report and other family relationship registration reports are merely acts of organizing the acquisition or loss of nationality or changes in the substantive status formed by the Nationality Act in a posterior and reportive manner. 

Therefore, even if a person has acquired Korean nationality by a cause of nationality acquisition prescribed by the Nationality Act, such as birth or naturalization, but has not reported the family relationship registration, and the family relationship register has not been prepared, there is no effect on the substantive status of having Korean nationality.

Therefore, you must proceed with the birth report even afterwards.

② Nationality report within the deadline

dual nationals can choose (if they want to maintain dual nationality) or renounce Korean nationality.

ㅇ (If you want to keep Korean nationality) Men must report their nationality selection by the birthday when they turn 22, or within 2 years after returning from the military service, in order to maintain their dual nationality. Women can apply for nationality selection (=dual nationality) by the birthday when they turn 22. [Go to nationality selection report guide]

ㅇ (If you want to renounce Korean nationality) Men must apply for renunciation of nationality by March 31 of the year they turn 18. 

If that period has passed, you must go to the Korean military to apply for renunciation of nationality. [Go to nationality renunciation report guide]

※ However, a man who was born while his direct ascendant was residing in a foreign country without the purpose of permanent residence can only report the renunciation of nationality from the time when his military service obligation is relieved. (Renunciation of nationality is not possible even before March 31 of the year he turns 18)

③ (For men who have not renounced their nationality) Overseas travel permit application by January 15 of the year they turn 24~25

If you are an innate dual national, you have a duty of military service in Korea even if you were born in the United States.

Innate dual nationals have a duty of military service because they have Korean nationality.

If an innate dual national wants to stay in the United States, he/she must obtain an overseas travel permit by January 15 of the year he/she turns 24 to 25. In this case, the military service is extended until the age of 37, and it is changed to wartime labor service after the age of 37. [Go to overseas travel permit]

If you have any questions about innate dual nationality, please contact the Nationality Division of the Consulate General of the Republic of Korea in Chicago. 

T. 312-822-9485 Ext.125 E. chicagonat@mofa.go.kr