Born in Japan to Japanese mother – citizenship question

5 comments

1. Is your koseki tohon up-to-date? Is it from when you were born or when you were a child?
   If your name is on the up-to-date copy of your koseki tohon and there is no mention of your expulsion(除籍:joseki) from it, then you are legally a Japanese citizen.

2. If your name is still in the family registry and it’s up to date then I see why not. Talk to the consulate or embassy. They can also help you get a passport. If you don’t want a passport you should be able to qualify for child of Japanese national visa which is on par with a spouse visa and pretty much free to work and live as you please.

3. I guess it depends on your age. You can read the nationality law here:

   [https://www.moj.go.jp/ENGLISH/information/tnl-01.html](https://www.moj.go.jp/ENGLISH/information/tnl-01.html)

   You can lose your Japanese nationality by:

   *A Japanese national shall lose Japanese nationality when he or she acquires a foreign nationality by his or her own choice.2. A Japanese national having a foreign nationality shall lose Japanese nationality if he or she chooses the foreign nationality in accordance with the laws of the foreign country concerned.*

   You make a “choice” at 20.

   *The Minister of Justice may, by written notice, require a Japanese national having a foreign nationality who fails to choose Japanese nationality within the period prescribed in paragraph 1 of the last preceding Article to choose one of the nationalities he or she possesses.*

   However, if you have lost it you can reacquire it:

   [https://www.moj.go.jp/EN/MINJI/minji78.html#a09](https://www.moj.go.jp/EN/MINJI/minji78.html#a09)

   You’d need a lawyer to be certain, though it’s probably just a paperwork issue since this is not a case of you later acquiring US nationality by naturalization (which would be a problem). Paperwork might be more complicated after you reach 20, but salvageable with that paperwork.

4. You will automatically acquire a Japanese citizenship if one of your parents are Japanese regardless of where you were born. Technically, you will have to choose your nationality when you turn 20 years old. However, this should be noted that it is not *mandatory* to forfeit foreign nationality if you were born with dual citizenship. It is only “recommended” that you do so.

5. I’ve seen a number of people over 20, including my 3 kids, travel to Japan and show both passports upon entry.

   Japan cannot legally make you denounce your American citizenship. If they ask tell them your working on it. Yes I’m an attorney.

   I saw a lady in her 50s present both passports upon entering Japan and nothing was said.

   There is a big difference between the law and its implementation.