Making It Simple

This post will be a repository for snippets that can be used to educate those to whom the topic of citizenship and nationality seems too complicated (it is).

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“Disposition of Cases when Administrative Premise is Applicable

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

  1. is naturalized in a foreign country;
  2. takes a routine oath of allegiance to a foreign state;
  3. serves in the armed forces of a foreign state not engaged in hostilities with the United States, or
  4. accepts non-policy level employment with a foreign government,

and in so doing wishes to retain U.S. nationality 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. nationality since such an intent will be presumed.”

also,

“In addition, please be aware that:
The U.S. Department of State and the U.S. Supreme Court have concluded that the intention to relinquish U.S. nationality required for purposes of finding loss of nationality under Section 349(a) of the INA does not exist where a renunciant claims a right to continue to reside in the United States, unless the renunciant demonstrates that residence will be as an alien documented properly under U.S. law.”
-travel dot state dot gov
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From the U.S. Foreign Affairs Manual: 7 FAM 1100 ACQUISITION AND RETENTION OF U.S. CITIZENSHIP AND NATIONALITY:
“b. National vs. Citizen: While most people and countries use the terms “citizenship” and “nationality” interchangeably, U.S. law differentiates between the two. Under current law all U.S. citizens are also U.S. nationals, but not all U.S. nationals are U.S. citizens. The term “national of the United States”, as defined by statute (INA 101 (a)(22) (8 U.S.C. 1101(a)(22))includes all citizens of the United States, and other persons who owe allegiance to the United States but who have not been granted the privilege of citizenship:
(1)Nationals of the United States who are not citizens owe allegiance to the United States and are entitled to the consular protection of the United States when abroad, and to U.S. documentation, such as U.S. passports with appropriate endorsements. They are not entitled to voting representation in Congress and, under most state laws, are not entitled to vote in Federal, State, or local elections except in their place of birth. (See 7 FAM 012; 7 FAM 1300 Appendix BEndorsement 09.)”

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