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To: SvenMagnussen

Sven, I copied this from FAM 7 1292:

i. Renunciation of U.S. citizenship and minors:

(1) Consult CA/OCS/ACS: Whenever you receive a request to renounce from a minor you immediately must contact CA/OCS/ACS. CA/OCS/ACS will not approve a Certificate of Loss of U.S. Nationality (CLN) for a minor without the concurrence of CA/OCS/L, and appropriate consultation with L/CA;

(2) Voluntariness and intent: Minors who seek to renounce citizenship often do so at the behest of or under pressure from one or more parent. If such pressure is so overwhelming as to negate the free will of the minor, it cannot be said that the statutory act of expatriation was committed voluntarily. The younger the minor is at the time of renunciation, the more influence the parent is assumed to have. Even in the absence of any evidence of parental inducements or pressure, you and CA must make a judgment whether the individual minor manifested the requisite maturity to appreciate the irrevocable nature of expatriation. Absent that maturity, it cannot be said that the individual acted voluntarily. Moreover, it must be determined if the minor lacked intent, because he or she did fully understand what he or she was doing. Children under 16 are presumed not to have the requisite maturity and knowing intent;

(3) Interviewing a minor: When conducting the initial interview with a minor and during the renunciation procedure, you should have at least one other person present. The parents and guardians should not be present. As noted, the interview should take place in the presence of the consular officer and a witness, preferably another consular officer, another Foreign Service officer (nonconsular) or locally employed staff (LE staff). You should also explain that upon reaching the age of 18, the minor has a six- month opportunity to reclaim U.S. nationality. See 7 FAM Exhibit 1292, A Sample Letter to Accompany CLN for Minor Renunciants, which should be provided to minor renunciants together with an approved CLN;

(4) Consular officer’s opinion: You should fully document every interaction with the minor and explain in your consular officer’s opinion the reasons you believe that the minor is, or is not, mature enough and sufficiently knowing to renounce

You also state: “The FAM is a policy and procedures manual to dictate the current administrations policies. Note the part of FAM you’re quoting was revised after Obama took office.”

Show us the other prior manual before it was revised for a comparison in order to validate your claims.


47 posted on 04/08/2013 1:21:38 PM PDT by Cold Case Posse Supporter
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To: Cold Case Posse Supporter

From the same FAM manual I found this:

7 FAM Exhibit 1292 A SAMPLE LETTER TO ACCOMPANY CLN FOR MINOR RENUNCIANTS (CT:CON-285; 03-06-2009)

Post Letterhead
Date Dear
(NAME):

Every U.S. citizen has the right to renounce voluntarily and intentionally his or her citizenship, as you have done. Because this is a very serious decision with consequences that may not have been apparent to you at the time, the law gives persons like yourself who renounced under the age of 18 an opportunity to reevaluate your decision when you reach the age of 18.

Section 351(b) of the Immigration and Nationality Act (8 U.S. Code 1483) allows you to reclaim your U.S. citizenship within 6 months after your 18th birthday. You are advised to make a note of the deadline to reclaim automatically your U.S. citizenship: the deadline is [insert date six months from 18th birthday.] You may do so by going to any U.S. embassy or consulate or passport acceptance facility, execute a passport application and take an oath of allegiance to the United States. Under this law, if you make such a claim, you will be considered as never having renounced your U.S. citizenship.

Just like the decision to renounce your citizenship, the decision to reclaim it is yours alone. No one, including the U.S. Government, any other government, or even your own family can make the decision for you. Please keep this in mind as you consider whether you may want to make a claim of citizenship once you become 18.

The U.S. Government and the Department of State do not wish to influence your decision. We just want to make sure that you know that you have the right to reconsider and “take back” this decision upon reaching the age of 18. Because this is a very important right that you retain, we ask that you keep this letter with your Certificate of Loss of Nationality should you wish to take advantage of this right when you reach the age of 18. The Department of State will also keep a complete record of your renunciation as well as this letter. Please remember that the period to automatically reclaim citizenship expires on [date].

If you have any questions, do not hesitate to contact (NAME) at (phone number). You may also contact the U.S. Department of State, Office of American Citizens Services and Crisis Management at any time. That office can be reached at 202- 647-5225. Sincerely,

UNCLASSIFIED (U) U.S. Department of State Foreign Affairs Manual Volume 7 Consular Affairs
7 FAM 1290 Page 11 of 11

SIGNATURE OF CONSULAR OFFICER
TYPED NAME OF CONSULAR OFFICER
TITLE OF CONSULAR OFFICER


48 posted on 04/08/2013 1:32:28 PM PDT by Cold Case Posse Supporter
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To: Cold Case Posse Supporter

Cold case posse supporter,

Many thanks for posting this!

The “loud voice” is NOT directed at you :) its directed elsewhere ;)

(Loud voice)

Nowhere does it say that it is referring to revocation of a CLN!

It is instructions on how to handle minors wanting to revoke their nationality/citizenship!

Note especially the following :

“....Children under 16 are presumed not to have the requisite maturity and knowing intent;......”

CHILDREN UNDER 16

(/loud voice)


52 posted on 04/08/2013 1:54:46 PM PDT by WildHighlander57 ((WildHighlander57 returning after lurking since 2000))
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