8 U.S.C. § 1104: Powers and duties of Secretary of State
Charges the Secretary of State with the administration and the enforcement of the provisions of the Immigration and Nationality Act and all other immigration and nationality laws relating to (1) the powers, duties, and functions of diplomatic and consular officers of the United States, except those powers, duties, and functions conferred upon the consular officers relating to the granting or refusal of visas; (2) the powers, duties, and functions of the Administrator; and (3) the determination of nationality of a person not in the United States.
8 U.S.C. § 1501: Certificate of diplomatic or consular officer of United States as to loss of American nationality
Whenever a diplomatic or consular officer of the United States has reason to believe that a person while in a foreign state has lost his United States nationality he or she shall certify the facts in writing with the Department of State under regulations approved by the Secretary of State. Approval from the Secretary of State will constitute a final administrative determination of loss of United States nationality under this chapter, subject to such procedures for administrative appeal as the Secretary may prescribe by regulation, and also shall constitute a denial of a right or privilege of United States nationality for purposes of section 1503 of this title.
8 U.S.C. § 1481: Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions.
(a) A person who is a national of the United States whether by birth or naturalization shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality.
(1)
obtaining naturalization in a foreign state upon his own application
or upon an application filed by a duly authorized agent, after having
attained the age of eighteen years; or
(2)
taking an oath or making an affirmation or other formal declaration
of allegiance to a foreign state or a political subdivision thereof,
after having attained the age of eighteen years; or
(3)
entering, or serving in, the armed forces of a foreign state if (A)
such armed forces are engaged in hostilities against the United
States, or (B) such persons serve as a commissioned or
noncommissioned officer; or
(4)
(A) accepting, serving in, or performing the duties of any office,
post, or employment under the government of a foreign state or a
political subdivision thereof, after attaining the age of eighteen
years if he has or acquires the nationality of such foreign state; or
(B) accepting, serving in, or performing the duties of any office,
post, or employment under the government of a foreign state or a
political subdivision thereof, after attaining the age of eighteen
years for which office, post, or employment an oath, affirmation, or
declaration of allegiance is required; or
(5)
making a formal renunciation of nationality before a diplomatic or
consular officer of the United States in a foreign state, in such
form as may be prescribed by the Secretary of State; or
(6)
making in the United States a formal written renunciation of
nationality in such form as may be prescribed by, and before such
officer as may be designated by, the Attorney General, whenever the
United States shall be in a state of war and the Attorney General
shall approve such renunciation as not contrary to the interests of
national defense; or
(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, United States Code, or willfully performing any act in violation of section 2385 of title 18, United States Code, or violating section 2384 of said title by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.
(b) Whenever the loss of United States nationality is put in issue in any action or proceeding commenced on or after September 26, 1961 under, or by virtue of, the provisions of this chapter or any other Act, the burden shall be upon the person or party claiming that such loss occurred, to establish such claim by a preponderance of the evidence. Any person who commits or performs, or who has committed or performed, any act of expatriation under the provisions of this chapter or any other Act shall be presumed to have done so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of the evidence, that the act or acts committed or performed were not done voluntarily.
8 U.S.C. §1483: Restrictions on loss of nationality
(a) No national of the United States can lose United States nationality under this chapter while within the United States or any of its outlying possessions, but loss of nationality shall result from the performance within the United States or any of its outlying possessions of any of the acts or the fulfillment of any of the conditions specified in this Part if and when the national thereafter takes up a residence outside the United States and its outlying possessions.
(b) A national who within six months after attaining the age of eighteen years asserts his claim to United States nationality, in such manner as the Secretary of State shall by regulation prescribe, shall not be deemed to have lost United States nationality by the commission, prior to his eighteenth birthday.
8 U.S.C. §1488: Nationality lost solely from performance of acts or fulfillment of conditions
The loss of nationality under this part shall result solely from the performance by a national of the acts or fulfillment of the conditions specified in this part.
22 C.F.R. § 50.40: Certification of loss of U.S. nationality.
U.S. citizens who naturalize in a foreign country; take a routine oath of allegiance; or accept non-policy level employment with a foreign government need not submit evidence of intent to retain U.S. nationality. In these three classes of cases, intent to retain U.S. citizenship will be presumed. A person who affirmatively asserts to a consular officer, after he or she has committed a potentially
expatriating act, that it was his or her intent to relinquish U.S. citizenship will lose his or her U.S. citizenship. In other loss of nationality cases, the consular officer will ascertain whether or not
there is evidence of intent to relinquish U.S. nationality.
22 C.F.R. § 50.50: Renunciation of nationality
(a) A person desiring to renounce U.S. nationality under section 349(a)(5) of the Immigration and Nationality Act shall appear before a diplomatic or consular officer of the United States in the manner and form prescribed by the Department. The renunciant must include on the form he signs a statement that he absolutely and entirely renounces his U.S. nationality together with all rights and privileges and all duties of allegiance and fidelity thereunto pertaining.
(b) The diplomatic or consular officer shall forward to the Department for approval the oath of renunciation together with a certificate of loss of nationality as provided by section 358 of the
Immigration and Nationality Act. If the officer's report is approved by the Department, copies of the certificate shall be forwarded to the Immigration and Naturalization Service, Department of Justice, and to the person to whom it relates or his representative. 22 C.F.R. §50.51: Notice of right to appeal
When an approved certificate of loss of nationality or certificate of expatriation is forwarded to the person to whom it relates or his or her representative, such person or representative shall be informed of the right to appeal the Department's determination to the Board of Appellate Review (part 7 of this chapter) within one year after approval of the certificate of loss of nationality or the certificate of expatriation.
22 U.S.C. § 212: Persons entitled to passport
No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the United States.
| File Type | application/msword |
| File Title | Attachment 3 |
| Author | Jacqueline M. Fraser |
| Last Modified By | RiversDA |
| File Modified | 2010-05-24 |
| File Created | 2010-03-22 |