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To: Plummz; Lurking Libertarian; Beckwith; opentalk; MHGinTN; Yaelle; aruanan; Honorary Serb; All

You might find this of interest — per renunciation of Citizenship:

Advice about Possible Loss of U.S. Citizenship and Dual Nationality:

http://travel.state.gov/law/citizenship/citizenship_778.html

The Department of State is responsible for determining the citizenship status of a person located outside the United States or in connection with the application for a U.S. passport while in the United States.

POTENTIALLY EXPATRIATING ACTS

Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that 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. Briefly stated, these acts include:

(1)obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);

(2)taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);

(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 state (Sec.349(a)(3)INA);

(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 (Sec. 349 (a) (4) INA);

(5)formally renouncing U.S. citizenship before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);

(6)formally renouncing U.S. citizenship within the U.S. (but only under strict, narrow statutory conditions) (Sec. 349 (a) (6) INA);

(7)conviction for an act of treason (Sec. 349 (a) (7) INA).
ADMINISTRATIVE STANDARD OF EVIDENCE

As already noted, the actions listed above can cause loss of U.S. citizenship only if performed — VOLUNTARILLY — and with the INTENTION of relinquishing U.S. citizenship.

{enphases mine}

The Department has a uniform administrative standard of evidence based on the PREMISE 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.

{emphases mine}

DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS APPLICABLE

In light of the administrative premise discussed above, a person who:

is naturalized in a foreign country;

takes a routine oath of allegiance to a foreign state;

serves in the armed forces of a foreign state not engaged in hostilities with the United States, or accepts non-policy level employment with a foreign government, and in so doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her INTENT to RETAIN U.S. CITIZENSHIP since such an INTENT will be PRESUMED.

{enphases mine}

When, as the result of an individual’s inquiry or an individual’s application for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. citizen has performed an act made potentially expatriating by Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4) as described above, the consular officer will simply ASK the applicant if there was INTENT to RELINQUISH U.S. CITIZENSHIP when performing the act. If the answer is NO, the consular officer will certify that it was not the person’s INTENT to RELINQUISH U.S. CITIZENSHIP and, consequently, find that the person has RETAINED U.S. CITIZENSHIP.

{emphases mine}

PERSONS WHO WISH TO RELINQUISH U.S. CITIZENSHIP

If the answer to the question regarding INTENT to relinquish citizenship is yes, the person concerned will be asked to complete a questionnaire to ascertain his or her INTENT toward U.S. citizenship. When the questionnaire is completed and the voluntary relinquishment statement is signed by the expatriate, the consular officer will proceed to prepare a CERTIFICATE OF LOSS OF NATIONALITY. The certificate will be forwarded to the Department of State for consideration and, IF appropriate, approval.

{emphases mine}

An individual who has performed any of the acts made potentially expatriating by statute who wishes to lose U.S. citizenship may do so by affirming in writing to a U.S. consular officer that the act was performed with an INTENT to relinquish U.S. citizenship. Of course, a person ALWAYS has the option of seeking to formally renounce U.S. citizenship abroad in accordance with Section 349 (a) (5) INA.

DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS INAPPLICABLE

The premise that a person INTENDS to retain U.S. citizenship is not applicable when the individual:

formally renounces U.S. citizenship before a consular officer;

serves in the armed forces of a foreign state engaged in hostilities with the United States;

takes a policy level position in a foreign state;
is convicted of treason; or

performs an act made potentially expatriating by statute 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. (Such cases are very rare.)

Cases in categories 2, 3, 4 and 5 will be developed carefully by U.S. consular officers to ascertain the individual’s INTENT toward U.S. citizenship.

{emphases mine}

APPLICABILITY OF ADMINISTRATIVE PREMISE TO PAST CASES

The premise established by the administrative standard of evidence is applicable to cases adjudicated previously. Persons who PREVIOUSLY LOST U.S. CITIZENSHIP may WISH to have their cases RECONSIDERED in light of this policy.

A person MAY initiate such a RECONSIDERATION by submitting a REQUEST to the nearest U.S. consular office or by writing directly to:

{SNIP}

Each case will be reviewed on its own merits taking into consideration, for example, statements made by the person at the time of the POTENTIALLY expatriating act.

{emphases mine}

DUAL NATIONALITY

Dual nationality can occur as the result of a variety of circumstances. The automatic acquisition or retention of a foreign nationality, acquired, for example, by birth in a foreign country or through an alien parent, does not affect U.S. citizenship. It is prudent, however, to check with authorities of the other country to see if dual nationality is permissible under local law. Dual nationality can also occur when a person is naturalized in a foreign state without intending to relinquish U.S. nationality and is thereafter found not to have lost U.S. citizenship: the individual consequently may possess dual nationality. While recognizing the existence of dual nationality and permitting Americans to have other nationalities, the U.S. Government also recognizes the problems which it may cause. Claims of other countries upon dual-national U.S. citizens often place them in situations where their obligations to one country are in conflict with the laws of the other. In addition, their dual nationality may hamper efforts to provide U.S. diplomatic and consular protection to them when they are abroad.

PS: instead of a birth certificate maybe someone should be looking for a “CERTIFICATE OF LOSS OF NATIONALITY”

(see above: “PERSONS WHO WISH TO RELINQUISH U.S. CITIZENSHIP”

STE=Q


38 posted on 06/01/2011 9:16:45 PM PDT by STE=Q ("It is the duty of the patriot to protect his country from its government" ... Thomas Paine)
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To: STE=Q

Yep. None of those applies to Obama because all of those conditions are based on trying to get rid of your Americen citizenship. I knew very few people living as expats (when I was also one) who wanted to lose their citizenship. One infamous “neighbor” exception was Marc rich, but he only wanted to make sure he could never be extradited back here. He bought a couple of other citizenships for that reason.

Even the very wealthy Americans I knew figured out ways not to pay American income taxes (which the USA insists upon even if you are paying taxes in the host country). But they didn’t want to lose USA citizenship.


39 posted on 06/02/2011 8:22:01 AM PDT by Yaelle
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