7 FAM 1200 APPENDIX C
TAKING UP RESIDENCE ABROAD:
LOSS OF NATIONALITY, DUAL NATIONALS AND NATURALIZED CITIZENS
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 FAM 1210 appendix c introduction
(CT:CON-285; 03-06-2009)
7 FAM 1200 Appendix C provides guidance regarding certain former
sections of the Immigration and Nationality Act (INA) which may come to the
attention of consular officers and passport specialists due the existence of
outstanding lookouts in the Consular Lookout and Support System (CLASS). The
sections of law to which these lookouts pertain have been repealed or declared
unconstitutional. 7 FAM 1200 Appendix C advises consular officers and passport
specialists what to do if you come across one of these cases.
7 FAM 1220 APPENDIX C FORMER INA
AUTHORITIES
(CT:CON-285; 03-06-2009)
The sections of law discussed in 7 FAM 1200 Appendix C
are:
(1) Former INA 350 (66 Statutes at Large 269) (8 U.S.C.
1482);
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NOTE: INA 350 provided for loss of nationality by a
dual national by birth (a person who acquired U.S. and foreign nationality by
birth) who has voluntarily sought or claimed the benefits of the nationality
of any foreign state and thereafter has a continuous residence for 3 years in
the foreign state whose nationality he or she acquired at birth at any time
after attaining the age of 22. It also provided that nationality is not lost
if prior to the expiration of the 3-year period, the national takes an oath
of allegiance to the United States before a diplomatic or consular officer
and had his or her residence abroad solely for one of the reasons set forth
in paragraphs (1), (2), (4), (6), (7), or (8) of INA 353 or paragraph (1), or
(2) of INA 354. A further stipulation was that nobody whose foreign
residence begins after age 60, and after having his residence in the United States for 25 years after age 18, is subject to loss of nationality under section
350.
(Source 8 FAM 225.11;
4/10/1970.)
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(2) Former INA 352 listed the circumstances under
which naturalized persons residing abroad would lose their citizenship.
7 FAM 1230 APPENDIX c FORMER INA 350
(CT:CON-437; 01-29-2013)
a. On October 10, 1978, the President signed Public Law
95-432 which repealed INA 350 effective that date.
b. The report of the House Committee on the Judiciary
reaffirmed that the repeal of the law was prospective.
c. Pubic Law 95-432 did not restore citizenship to
anyone who lost citizenship under Section 350 INA prior to October 10, 1978.
d. Effective October 10, 1978, anyone who had not
completed the three years continuous residence in the foreign state of which he
or she was a national at birth was no longer subject to loss of nationality
under Section 350 INA.
e. INA 350 provided for loss of citizenship if a dual
national sought or claimed benefits of nationality of a foreign state.
f. Persons who had acquired U.S. or foreign
nationality by naturalization as defined in Section 101(a)(23) INA were not
subject to this provision.
g. The benefits need not actually have been granted;
merely seeking or claiming the benefits was contemplated by INA 350. A benefit
must have accrued by reason of having the nationality of the foreign country.
h. A second requirement was that of continuous
residence for 3 years in the foreign state of which the person was also a
national at any time after age 22. Residence, unlike obtaining the benefit,
must have been in the country of the other nationality. INA 101(a)(33) defines
residence for this purpose. The Bureau of Consular Affairs (CA) considered
that the 3-year period of residence began from age 22 or from the date of
seeking or claiming the benefit of a foreign state, whichever was later. For
example, a person who claimed a benefit at age 25 while residing in the country
of the other nationality became subject to INA 350 at age 28. To be subject to
that section of law, the person must have retained the other nationality
acquired at birth at the time of claiming the benefit and during the 3-year
residency period. A person who acquired dual nationality at birth who later
lost the other nationality by an act made expatriating by the foreign countrys
law or by any other procedure was not subject to Section 350.
i. Persons taking the oath of allegiance within the
3-year period, or whose residence in the foreign state was for the reasons
listed in INA 353 and INA 354 were not subject to expatriation regardless of
seeking or claiming benefits or later residence.
j. INA 350 imposed a requirement of voluntariness on
the seeking or claiming of a benefit of a foreign state. Persons who did not
affirmatively seek the benefit concerned, or had it pressed upon them against
their will, were not subject to this section of law.
k. In light of the Terrazas decision, CA no longer
makes a finding of loss of nationality for a person who claimed such a benefit
between December 24, 1952 (effective date of the INA) and October 10, 1978
(effective date of Public Law 95-432) who met the 3-year residence requirement,
even if he or she claimed that the benefit was sought and obtained with the
intention of relinquishing U.S. citizenship.
l. If a CLASS hit occurs when clearing the name of a
passport applicant due to former INA 350, the lookout should be removed and the
passport issued.
m. If a U.S. citizen requests a finding of loss of
nationality under former INA 350 the matter should be referred to CA/OCS/L (ASK-OCS-L@state.gov).
7 FAM 1240 appendix c section 352
EXPATRIATION AFTER TAKING UP RESIDENCE ABROAD
(CT:CON-285; 03-06-2009)
a. Former INA 352 listed the circumstances under which
naturalized persons residing abroad would lose their citizenship. This section
was declared unconstitutional in Schneider v. Rusk, 377 U.S. 163 (1964).
b. INA 352 was repealed in its entirety by Public Law
95-432 on October 10, 1978.