Expatriating “DA” Acts Bureau of Consular Affairs - TopicsExpress

Expatriating “DA” Acts Bureau of Consular Affairs Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. residents (like Bar Heads 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 County-Gore Army 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). When Administrative Premise Is Inapplicable The premise that a person intends to retain U.S. citizenship is not applicable when the 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 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 individuals intent toward U.S. citizenship. 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. One may initiate such a reconsideration by submitting a request to the nearest U.S. consular office.