Loss of U.S. Citizenship

Loss Of United States Citizenship

U.S. Citizens are subject to Loss of U.S. Citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. Citizenship. These acts include:

1. Obtaining naturalization in a Foreign Country
2. Taking an oath, affirmation, or, alternatively, another formal declaration to a foreign country or its political subdivisions can impact one’s U.S. citizenship status.
3. Entering or, alternatively, serving in the armed forces of a foreign state engaged in hostilities against the U.S., or, moreover, serving as a commissioned or non-commissioned officer in the armed forces of a foreign country, can impact one’s U.S. citizenship status.
4. Accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position.
5. Formally renouncing U.S. citizenship before a U.S. diplomatic or consular officer outside the United States.
6. Formally renouncing U.S. citizenship within the U.S.
7. Conviction for an act of treason

Conditions and Intent in the Loss of U.S. Citizenship

Nonetheless, the actions listed above can lead to a loss of U.S. citizenship only if they are performed voluntarily and, furthermore, with the clear intention of relinquishing U.S. citizenship. The U.S. government often presumes, however, that U.S. citizens intend to retain their United States citizenship even when they obtain naturalization in a foreign state, subscribe to a declaration of allegiance to a foreign state, serve in the armed forces of a foreign state not engaged in hostilities with the United States, or, alternatively, accept non-policy level employment with a foreign government.

U.S. Citizens who naturalize in a foreign country or take an oath of allegiance to a foreign country do not automatically lose their U.S. Citizenship. The U.S. government has adopted an administrative presumption regarding certain acts and the intent to commit them. Intent to retain U.S. Citizenship is presumed.

A person who affirmatively declares to a consular officer, after committing a potentially expatriating act, that it was their intent to relinquish U.S. citizenship. Citizenship will lose his or her U.S. Citizenship.

When officials determine that a person has lost U.S. citizenship, they prepare a certificate of loss of nationality and, subsequently, forward it to the Department of State for consideration. If appropriate, it may then receive approval.

The presumption that a person intends to retain U.S. Citizenship is not applicable when an individual:

1. formally renounces U.S.Citizenship is, therefore, presented before a consular officer.
2. Serves in the armed forces of a foreign state engaged in hostilities with the United States;
3. Takes a policy level position in a foreign state;
4. Is convicted of treason; or
5. An individual performs an act, accompanied by conduct that is consequently so inconsistent with retaining U.S. citizenship. Citizenship that it compels a conclusion that the individual intended to relinquish U.S. Citizenship