“In 1967, Obama’s mother told the U.S. State Department she planned to stay in Indonesia indefinitely on her passport renewal. That’s a big mistake if you want to maintain your U.S. Citizenship.”
In 1967, she was overseas. But no, she could stay many years overseas without ever losing her citizenship. And Barry couldn’t lose his by any act of hers.
“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:
obtaining naturalization in a foreign state upon one’s own application after the age of 18 (Sec. 349 (a) (1) INA);
taking an oath, affirmation or other formal declaration of allegiance to a foreign state or its political subdivisions after the age of 18 (Sec. 349 (a) (2) INA);
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);
accepting employment with a foreign government after the age of 18 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);
formally renouncing U.S. citizenship before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);
formally renouncing U.S. citizenship within the U.S. (The Department of Homeland Security is responsible for implementing this section of the law) (Sec. 349 (a) (6) INA);
conviction for an act of treason (Sec. 349 (a) (7) INA).
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.
http://travel.state.gov/law/citizenship/citizenship_778.html
Obama’s mother told the State Department she did not plan to return to the U.S. in 1967 on her passport renewal application.
The reason the State Department asks an applicant when they plan to return to the U.S. is to establish intent to return.
Furthermore, the reason the State Department asks an applicant if they or a family member has naturalized in a foreign state is to establish the fact they will not be stateless if a CLN is issued.
Obama’s mother could not have been issued a Certificate of Loss of Nationality because she would have been stateless if the SoS issued her a CLN. Obama’s mother amended her passport renewal to inform the State Department her son had naturalized in a foreign state.
It puts Obama in a precarious position because the SoS could issue him a CLN if a preponderance of the evidence indicated his actions could be determined to be a renouncement of citizenship.
In the WKA case, it was never established WKA was a citizen of another country. WKA would have been stateless if the U.S. did not recognize him as a citizen.
In the Elg case, it was never established Elg was a citizen of another country. Elg would have been stateless if the U.s. did not recognize her as a citizen. Elg’s father renounced his U.S. Citizenship after he returned to Sweden. He would not have been issued a CLN if he could not show he would obtain Swedish citizenship in the near term.