Loss of U.S. Citizenship

Loss Of United States Citizenship

U.S. citizens are subject to loss of 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 other formal declaration to a foreign Country or its political subdivisions
  3. Entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign Country.
  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

The  actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The U.S Government often presume  that U.S. citizens intend to retain United States citizenship 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 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 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 a situation where a person is found to have loss U.S Citizenship, a certificate of loss of nationality is prepared and  forwarded to the Department of State for consideration and, if appropriate, approval.

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

  1. formally renounces U.S. citizenship 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. performs an act accompanied by conduct which is so inconsistent with retention of U.S. citizenship that it compels a conclusion that the individual intended to relinquish U.S. citizenship.

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