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To: airedale

If a US citizen joins a foreign military service, doesn’t he thereby give up his US citizenship?


37 posted on 10/01/2011 3:05:31 PM PDT by matt1234 (Bring back the HUAC.)
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To: matt1234

Possibly: http://travel.state.gov/law/citizenship/citizenship_780.html

“Although a person’s enlistment in the armed forces of a foreign country may not constitute a violation of U.S. law, it could subject him or her to Section 349(a)(3) of the Immigration and Nationality Act [8 U.S.C. 1481(a)(3)] which provides for loss of U.S. nationality if an American voluntarily and with the intention of relinquishing U.S. citizenship enters or serves in foreign armed forces engaged in hostilities against the United States or serves in the armed forces of any foreign country as a commissioned or non-commissioned officer. “

If you read 8 USC 1481.(a)(3) http://www.law.cornell.edu/uscode/uscode08/usc_sec_08_00001481——000-.html There is a key word in there and it’s “state” An organization no matter how big isn’t the same legally as a “state”

In order for Subsection 7 to apply a trial and due process would be required along with a verdict and sentence including the loss of citizenship would be required. “(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, or willfully performing any act in violation of section 2385 of title 18, or violating section 2384 of title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.” One difference is that the decision is based upon the preponderance of the evidence not a “reasonable doubt standard.


61 posted on 10/01/2011 4:14:11 PM PDT by airedale
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