7 FAM 1200
LOSS AND RESTORATION OF U.S. CITIZENSHIP
7 FAM 1210
Introduction
(CT:CON-825; 08-03-2018)
(Office of Origin: CA/OCS)
7 FAM 1211 SUMMARY
(CT:CON-747; 11-14-2017)
a. Who may lose U.S. citizenship: A U.S. citizen by
birth or naturalization INA 301 (8 U.S.C. 1401), INA 310 (8 U.S.C. 1421) or a
U.S. noncitizen national INA 308 (8 U.S.C. 1408), INA 101(29) (8 U.S.C.
1101(29)) will lose U.S. nationality (expatriate) her or himself by
committing a statutory act of expatriation as defined in INA 349 (8 U.S.C.
1481), or predecessor statute, but only if the act is performed (1) voluntarily
and (2) with the intention of relinquishing U.S. citizenship. The U.S. Supreme
Court has spoken (Afroyim v. Rusk, 387 U.S. 253 (1967) and Vance v. Terrazas,
444 U.S. 252 (1980)): a person cannot lose U.S. nationality unless he or she
voluntarily relinquishes that status. 7 FAM 1200 Appendix B provides a summary
of U.S. Supreme Court decisions regarding loss of nationality.
b. Expatriation, like marriage and voting, is a
personal elective right that cannot be exercised by another. Parents or legal
guardians cannot renounce or relinquish the nationality of their children or
wards, including adults who have been declared mentally incompetent. 7 FAM 1290
provides guidance regarding loss of nationality and minors, incompetents,
prisoners, plea bargains, and other special circumstances.
c. Why expatriate: People elect to expatriate
themselves for a variety of reasons: family reasons, tax reasons, pressure
from foreign governments, and service as a diplomat from a foreign country,
etc. Motivation is not relevant unless questions of duress and involuntariness
arise. There is no requirement that persons disclose their motivation to a
consular officer though it is often helpful if they do so in case they are
acting based on a mistaken assumption.
d. Who has the burden of proving that loss of U.S. nationality occurred and what is the burden of proof: The party claiming that loss of
citizenship occurred must establish this by a preponderance of the evidence.
Blacks Law Dictionary defines a preponderance of the evidence as [g]reater
weight of evidence, or evidence which is more credible and convincing to the
mind. Preponderance of the evidence equates to more likely than not. This
is also known as the balance of probabilities. This is the standard required
in most civil cases.
e. The U.S. Supreme Court originally found that the
criterion of persuasion was by evidence that was clear, unequivocal, and
convincing, comparable to the burden of proof in denaturalization cases
(Nishikawa v. Dulles, 356 U.S. 129, 78 S. Ct. 612, 2 L. Ed. 2d 659 (1958));
however, Congress explicitly modified this conclusion by legislation enacted in
the Act of Sept. 26, 1961, 19, 75 Stat. 656, applicable to actions or
proceedings hereafter commenced, which specifies that a claim that loss of
nationality occurred can be established by a preponderance of the evidence.
(INA 349(b), 8 U.S.C. 1481(b)): The constitutionality of this statutory
provision was upheld by the Supreme Court in the Vance v. Terrazas case, 444
U.S. 252 (1980).
|
NOTE
The standard of proof for loss of nationality,
preponderance of the evidence, differs from the much higher standards of
Beyond a reasonable doubt - this is the standard
required by the prosecution in most criminal cases within an adversarial
system. This means that the proposition being presented by the government
must be proven to the extent that there is no "reasonable doubt" in
the mind of a reasonable person that the defendant is guilty. There can
still be a doubt, but only to the extent that it would not affect a
"reasonable person's" belief that the defendant is guilty. If the
doubt that is raised does affect a "reasonable person's" belief
that the defendant is guilty, the jury is not satisfied beyond a
"reasonable doubt"; or
Clear and convincing evidence This is an intermediate
level of burden of persuasion sometimes employed in the U.S.
civil procedure. In order to prove something by "clear and convincing
evidence" the party with the burden of proof must convince the trier of
fact that it is substantially more likely than not that the thing is in fact
true. This is a lesser requirement than "proof beyond a reasonable
doubt" which requires that the trier of fact be close to certain of the
truth of the matter asserted, but a stricter requirement than proof by
"preponderance of the evidence," which merely requires that the
matter asserted seem more likely true than not.
|
f. Four elements must be established before a finding
of loss may be made:
(1) The person is in fact a U.S. citizen;
(2) The person committed an act that is potentially
expatriating under INA 349(a) (8 U.S.C. 1481(a));
(3) The person committed the act voluntarily. A
person who commits a potentially expatriating act is presumed to have done so
voluntarily, but the presumption may be rebutted upon a showing, by a
preponderance of the evidence, that the act or acts committed or performed were
not done voluntarily. (INA 349(b), 8 U.S.C. 1481(b)); and
(4) The person intended to relinquish the rights and
privileges of U.S. citizenship. If the would-be renunciant/person
relinquishing U.S. citizenship demonstrates a clear intention to resume his/her
residency in the United States without applying for a U.S. visa, the intention
to relinquish U.S. citizenship has not been established satisfactorily and a
finding of non-loss should be made.
g. Where must the expatriating act occur: The
expatriating act, except for an oath of renunciation taken during the course of
a state of war or conviction of treason and certain other crimes, must be
committed overseas for it to be effective; however, a potentially expatriating
act performed in the United States may thereafter result in the loss of
citizenship if the citizen thereafter takes up residence in a foreign country.
(INA 351, 8 U.S.C. 1483(a)). INA 349(a)(6) provides for renunciation of U.S.
citizenship in the United States before such officer as may be designated by
the Attorney General, whenever the United States shall be in a state of war and
the Attorney General shall approve such renunciation as not contrary to the
interests of national defense. The U.S. Departments of Justice and Homeland
Security have not promulgated regulations implementing this provision. There
is no requirement that a U.S. citizen renouncing or relinquishing U.S.
citizenship abroad be a resident of the U.S. consular district.
h. Relinquish v. renounce: INA 349(a)(5) prescribes
how renunciation of U.S. citizenship must occur. This is explained in detail
in 7 FAM 1260.
A citizen may also voluntarily relinquish U.S. citizenship upon committing
voluntarily one of the other potentially expatriating acts enumerated in INA
349 and possessing the requisite intent to relinquish. The distinction becomes
meaningful when a person who has been found to have lost U.S.
citizenship later requests an appeal or administrative review of that
decision. It is much more difficult to establish a lack of intent or duress
for renunciation of U.S. citizenship.
i. No temporary suspension of U.S.
citizenship: A person cannot renounce or relinquish U.S. citizenship
temporarily or put his or her U.S. citizenship in suspense while, for
example, accepting a diplomatic appointment from a foreign government. A loss
of citizenship is permanent and irrevocable, unless the U.S. Government
subsequently overturns the loss for involuntariness or lack of intent.
Individuals who lose citizenship would need to reacquire it though
naturalization.
j. No retroactive effect on derivative citizenship:
Unlike denaturalization, loss of nationality operates only for the future, and
has no retroactive effect. The expatriated citizen's status was lawfully
acquired, and its termination does not affect previous events. For this
reason, a person's loss of nationality does not affect citizenship or
immigration status previously acquired on the basis of the principal's
citizenship, unless the effective date of loss of U.S. citizenship pre-dated
the time when a benefit accrued based on the fact that the person was believed
to be a U.S. citizen. Thus, the loss of nationality does not terminate the
citizenship of the principal's children, acquired derivatively through their
parent prior to the parent's loss of nationality. For this reason, it often
has been necessary to determine the precise date of expatriation, since
children born abroad before that date may have acquired U.S.
citizenship, while those born after that date would have no such claim.
7 FAM 1212 FORMS TO BE USED IN
DEVELOPING A LOSS-OF-NATIONALITY CASE
(CT:CON-437; 01-29-2013)
a. The following Department of State forms have been
approved to develop and document a loss-of-nationality case:
(1) Form DS-4079, Questionnaire - Information for
Determining Possible Loss of U.S. Citizenship;
(2) Form DS-4083, Certificate of Loss of Nationality
of the United States (CLN);
(3) Form DS-4080, Oath of Renunciation of the
Nationality of the United States;
(4) Form DS-4081, Statement of Understanding
Concerning the Consequences and Ramifications of Relinquishment or Renunciation
of U.S. Citizenship; and
(5) Form DS-4082, Witnesses' Attestation
Renunciation/Relinquishment of Citizenship: To be used only when the person
relinquishing or renouncing citizenship does not speak English.
b. Effective the publication date of this subchapter,
the Bureau of Consular Affairs (CA) is reinstating the use of the new
questionnaire, Form DS-4079 in developing a loss-of-nationality case if the
citizen states there was an intent to relinquish U.S. citizenship when
performing the potentially expatriating act:
(1) The Department (CA/OCS and L/CA) have determined
that the new questionnaire Form DS-4079 is an important element in developing a
loss-of-nationality case;
(2) In 1995, CA discontinued use of the questionnaire
in loss-of-nationality cases under INA 349(a)(1); INA 349(a)(2), INA 349(a)(3)
and INA 349(a)(4) (1995 State 034894);
(3) A questionnaire was used between March 30, 1984,
and February 10, 1995;
(4) For guidance about documentation required by the
Department for loss-of-nationality cases prior to 1984, consult CA/OCS/L at
ASK-OCS-L@state.gov.
7 FAM 1213 RESPONSIBILITY FOR
LOSS-OF-NATIONALITY CASES
(CT:CON-747; 11-14-2017)
a. Who may prepare a Certificate of Loss of
Nationality (CLN) and accompanying documents:
(1) INA 358 authorizes a diplomatic or consular
officer to certify facts on which it is believed a U.S. citizen may have lost
citizenship. (Note that the consular officers finding is not self-executing.
Actual approval of the finding of loss of nationality can only be made by the
Department, Form DS-4083, formerly; Form FS-348, is used to record and certify
loss of nationality. INA 358 applies to cases arising under Chapter IV NA
(Section 401 to 410 inclusive), and to Chapter 3, Title III INA 349 to INA 357
inclusive. Cases involving loss under the Act of 1907 are rare; when these
cases arise, the consular officer should seek advice from CA/OCS/L
(ASK-OCS-L@state.gov);
(2) A CLN is not prepared when citizenship was lost
through failure to comply with the retention provisions of former INA 301(b),
prior to its repeal, effective October 10, 1978 (see 7 FAM 1131.7
and 7 FAM 1100 Appendix L.).
(3) A consular officer at a U.S. embassy or consulate
abroad may prepare a preliminary recommendation of a finding of loss of
nationality in the form prescribed and transmit it to the Office of American
Citizen Services and Crisis Management (CA/OCS/ACS) for approval.
b. Who may approve a Certificate of Loss of
Nationality: The authority to approve or disapprove a finding of loss of
nationality is a grave responsibility; consequently, the Department of State
has imposed a high level of checks and balances for such decision making. This
is one area of citizenship and nationality law that has not been delegated to
U.S. consular officers abroad and, absent a change in the statute, cannot be
delegated to post. :
(1) Generally a division chief in the Office of
American Citizen Services and Crisis Management (CA/OCS/ACS) in the Directorate
of Overseas Citizens Services, Bureau of Consular Affairs of the Department of
State, reviews and approves a Certificate of Loss of Nationality (CLN);
(2) If, due to volume of pending CLN approvals or
other similar considerations, the CA/OCS/ACS Division Chief is not able to
approve or disapprove CLNs, the Division Chief may designate appropriate senior
country officer(s) in CA/OCS/ACS to approve or disapprove the CLN. The
CA/OCS/ACS Division Chief should prepare a memo authorizing the designee to
perform this function. The memo should be cleared by the Director of CA/OCS/ACS;
(3) CA/OCS/ACS should consult CA/OCS/L for guidance
before making a finding of loss of nationality in the following circumstances:
(a) Any case involving mental impairment;
(b) Any case involving a prisoner/plea bargain;
(c) Any case involving a minor or a person near the age
of 18;
(d) Any case of a person taking up a high-level position
in a foreign government;
(e) Any case of a person serving in the armed forces of
a foreign state engaged in hostilities against the United States;
(f) Any case involving a person who is a member of a
cult or other community in which persons are relinquishing or renouncing U.S.
citizenship as a group; or
(g) Any case in which a person makes statements, in the
citizenship questionnaire or a supplementary statement, which are contradictory
or ambiguous with respect to his or her intent to relinquish U.S. citizenship
or the voluntariness of his/her actions.
c. Who may conduct an administrative review of a
previous finding of loss of nationality:
(1) The office making the original determination of
loss of nationality should not conduct the administrative review;
(2) All reconsideration of previous findings of loss
of nationality must be conducted by CA/OCS/L.
(3) An attorney cannot be assigned the reconsideration
if he or she was consulted by CA/OCS/ACS regarding the original finding of loss
of nationality;
(4) As appropriate, CA/OCS/L will confer with the
Office of the Assistant Legal Adviser for Consular Affairs (L/CA). CA/OCS/L
will confer with L/CA in each case in which CA/OCS/L proposes to sustain a CLN;
(5) The role of CA/OCS/L in administrative review of
loss of nationality and in vacating a CLN replaces the formal appeal procedure
previously provided by the Board of Appellate Review (L/BAR). 22 CFR 50.51
provides that the Department may in its discretion review determinations of
loss of nationality at any time after approval of issuance of the Certificate
of Loss of Nationality to ensure consistency with governing law."
7 FAM 1214 AUTHORITY
(CT:CON-825; 08-03-2018)
a. The Secretary of State has statutory authority to
determine whether a person not in the United States is a U.S.
citizen or noncitizen national, including whether a person who was a U.S.
citizen or noncitizen national has lost U.S. nationality. INA 104(a)(3) (8
U.S.C. 1104(a)(3)) and INA 358(8 U.S.C. 1501). The Department of State also
makes nationality determinations, including loss-of-nationality determinations,
when adjudicating passport applications, because only a U.S.
citizen or U.S. noncitizen national may be issued a U.S. passport.
b. Immigration and Nationality Act of 1952, as amended:
(1) The grounds for loss of nationality enumerated in
the Nationality Act of 1940 were codified and again expanded in the Immigration
and Nationality Act of 1952 (Public Law No. 82-414, 349-357, 66 Statutes at
Large 267). The law which applies, e.g., the Nationality Act of 1940 or the
INA, is the law in effect on the date of the potentially expatriating act;
(2) Early amendments of the statute tended to enhance
its severity;
(3) Act of Sept. 3, 1954, 2, 68 Statutes at Large
1146 (adding as grounds for loss of citizenship conviction for certain crimes,
including rebellion and insurrection, seditious conspiracy, and advocating
forceful overthrow of the U.S. Government); Act of Sept. 26, 1961, 19, 75
Statutes at Large 656 (adding INA 401(c), 8 U.S.C. 1481(c));
(4) However, as a result of later Supreme Court
decisions, Congress adopted amendments in 1986 which simplified and liberalized
the statute, and emphasized the need for an intention to lose nationality
(Immigration and Nationality Act Amendments of 1986, Public Law No. 99-653,
18, 100 Statutes at Large 3655). Section 18(a) of Public Law 99-653 provided
that Subsection (a) of INA 349 (8 U.S.C. 1481) was amended by inserting
voluntarily performing any of the following acts with the intention of
relinquishing United States nationality: after shall lose his nationality
by;
(5) An amendment of the statute in 1986 eliminated the
provision allowing for approval of the foreign military service by the
Secretaries of State and Defense and provided that a U.S. national who has
attained the age of 18 would potentially lose U.S. nationality by entering or
serving in the armed forces of a foreign state if such armed forces were
engaged in hostilities against the United States or if the person served as a
commissioned or noncommissioned officer of such foreign armed forces.
Immigration and Nationality Act Amendments of 1986, Public Law No. 99-653,
18(d), 100 Stat. 3658 (amending INA 349(a)(3), 8 U.S.C. 1481(a)(3));
(6) Public Law 103-416, the Immigration and Nationality
Technical Corrections Act of 1994, 108 Statutes at Large 4305, amended INA 358
of the Immigration and Nationality Act (8 U.S.C. 1501) by adding at the end the
following new sentence: "Approval by the Secretary of State of a
certificate under this section shall constitute a final administrative
determination of loss of United States nationality under this Act, subject to
such procedures for administrative appeal as the Secretary may prescribe by
regulation, and also shall constitute a denial of a right or privilege of
United States nationality for purposes of section 360";
(7) Chart: INA 349 and developments in subsequent
rulings by the U.S. Supreme Court and statutory amendments:
|
Expatriating Act
|
Section of Law
|
Notes
|
|
Naturalization in a foreign state
|
8 U.S.C. 1481(a)(1) INA 349(a)(1)
|
After attaining age 18
|
|
Taking oath of allegiance to a foreign state
|
8 U.S.C. 1481(a)(2) INA 349(a)(2)
|
After attaining age 18
|
|
Service in the armed forces of a foreign state
|
8 U.S.C. 1481(a)(3) INA 349(a)(3)
|
(A) If such armed forces are engaged in hostilities
against the United States; or
(B) If such persons serve as a commissioned or noncommissioned officer.
|
|
Employment by a foreign state
|
8 U.S.C. 1481(a)(4) INA 349(a)(4)
|
If after attaining age 18
(A) He or she has or acquires the nationality of such foreign state; or
(B) For such position an oath, affirmation or declaration of allegiance is
required
|
|
Renunciation of U.S. citizenship abroad
|
8 U.S.C. 1481(a)(5) INA 349(a)(5)
|
NOTE: Formerly numbered 8 U.S.C. 1481(a)(6); see
Afroyim v. Rusk, 387 U.S. 253 (1967) (eliminating voting in a foreign
election as an expatriating act)
|
|
Renunciation of U.S. citizenship while in the United States
|
8 U.S.C. 1481(a)(6) INA 349(a)(6)
|
1. Before officer designated by the Attorney General;
2. Whenever the United States shall be in a state of war; and
3. The Attorney General shall approve such renunciation not contrary to the
interests of national defense
NOTE: The Attorney General and Secretary of DHS have not published
regulations governing domestic renunciations; Formerly numbered INA
349(a)(7) renumbered when Afroyim decision eliminated INA 349(a)(5) Voting in
a Political Election
|
|
Treason against the United States
|
8 U.S.C. 1481(a)(7) INA 349(a)(7)
|
Formerly numbered INA 349(a)(9) renumbered when 8
U.S.C. 1481(a)(8) Deserting the Armed Forces of the United States at Time of
War declared unconstitutional
|
|
Former grounds for loss, declared unconstitutional:
Voting in a foreign election
________________
Deserting the armed forces of the United States at time of war, if and when
convicted thereof by court martial and dishonorably discharged
|
INA 349(a)(5) as originally enacted; 8 U.S.C.
1481(a)(5)
|
Declared unconstitutional:
Afroyim v. Rusk; see 7 FAM 1200 Appendix B
_________________________
Declared unconstitutional:
Trop v. Dulles, 356 U.S. 86, 78 S. Ct. 590, 2 L. Ed. 2d 630 (1958); repealed
in 1978 as amended by Immigration and Nationality Act Amendments of 1986,
Public Law No. 99-653, 18(a), 100 Stat. 3658.
|
|
Departing from or remaining outside of the United
States in time of war or period declared by the President to be a period of
national emergency for the purpose of evading or avoiding training and
service in the armed forces of the United States.
|
INA 349(a)(10); 8 U.S.C. 1481(a)(10)
|
Declared unconstitutional:
Kennedy v. Mendoza-Martinez, 372 U.S. 144, 83 S. Ct. 554, 92 L. Ed. 644
(1963)
Notes:
1. An 1865 statute providing for loss of citizenship by draft evaders was
repealed in 1940
2. Legislation, enacted in 1944 and codified in the Act of 1952, prescribed
loss of nationality for departing from or remaining outside the United States
during time of war or declared national emergency in order to evade or avoid
service in the armed forces of the United States
3. These statutory provisions were declared unconstitutional by the Supreme
Court (Kennedy v. Mendoza-Martinez, 372 U.S. 144, 83 S. Ct. 554, 92 Lawyers
Edition (L. Ed.) 644 (1963) and were repealed by Congress in 1976, Footnote
297, National Emergencies Act of 1976, Public Law No. 94-412, 501(a), 90
Statutes at Large. 1255, 1258; see Senate Report No. 1168, 94th Congress., 2d
Session. 32 (1976), reprinted in 1976 U.S.C.C.A.N. 2288; House of
Representatives Report No. 238, 94th Congress., 2d Session 15 (1975).
|
|
Seeking and claiming a benefit of a foreign
nationality acquired at birth by a person born a citizen of the United States
|
INA 350 (8 U.S.C. 1482)
|
Repealed prospectively October 10, 1978 Public Law
95-432
See 7 FAM 1200 Appendix C
|
|
Naturalized citizen taking up residence in former
country of origin
|
INA 352 (8 U.S.C. 1484)
|
Declared Unconstitutional:
Schneider v. Rusk, 377 U.S. 163 (1964); repealed Public Law 95-432 on October
10, 1978; see 7 FAM 1200 Appendix D
|
c. The Nationality Act of 1940 (54 Statutes at Large
1137) considerably enlarged the grounds for loss of nationality:
(1) In addition to naturalization in or oath of
allegiance to a foreign state, the enumerated acts of expatriation were
extended to include military or government service for a foreign government,
voting in a foreign political election, formal renunciation of citizenship,
deserting the armed forces in time of war, treason, and specified residence in
foreign countries by naturalized citizens;
(2) Chart: Nationality Act of 1940 and developments
in subsequent rulings by the U.S. Supreme Court and statutory amendments:
|
Expatriating Act
|
Section of Law
|
Notes
|
|
Naturalization in a foreign state
|
Section 401(a) NA
|
|
|
Taking an oath or affirmation of allegiance to a foreign
state
|
Section 401(b) NA
|
After attaining age 18
|
|
Entering, serving in the armed forces of a foreign state
|
Section 401(c) NA
|
|
|
Accepting position in a foreign government for which
only nationals are eligible
|
Section 401(d) NA
|
|
|
Voting in foreign election
|
Section 401(e) NA
|
Declared unconstitutional:
Afroyim v. Rusk; see 7 FAM 1200 Appendix B
|
|
Renunciation of U.S. citizenship
|
Section 401(f) NA
|
|
|
Deserting the United States Military or Naval Service in
time of war
|
Section 401(g) NA
|
Declared unconstitutional:
Trop v. Dulles; see 7 FAM 1200 Appendix B
|
|
Treason
|
Section 401(h) NA
|
|
d. The Expatriation Act of 1907 (Act of March 2, 1907,
34 Statutes at Large 1228) largely codified prior executive interpretations,
specified that loss of citizenship would occur by naturalization in or oath of
allegiance to a foreign state, that a U.S. citizen woman who married a
foreigner would take the nationality of her husband, and that when a
naturalized citizen lived in a foreign state for certain periods it was
presumed that he or she ceased to be a U.S. citizen. In spelling out the
grounds for loss of nationality the 1907 Act made provision for effectuating
the citizen's apparent wishes. In addition, it introduced a new concept by
prescribing situations in which citizenship could be lost without regard to
such desires.
e. Related statutes:
(1) 26 U.S.C. 6039G Information on Individuals Losing U.S. Citizenship (Internal Revenue Code);
(2) 18 U.S.C. 922(g) Unlawful
Acts Sale of Firearms to Renunciants (Brady Act).
f. Regulatory authority: (Current 22 CFR 50.40
Certificate of Loss of U.S. Nationality; 22 CFR 50.50 Renunciation of
Nationality; 22 CFR 50.51 Review of Finding of Loss of Nationality). CA/OCS/L
revised 22 CFR Part 50 in 2008 to eliminate the Board of Appellate Review.
7 FAM 1215 Statelessness RESULTING
FROM LOSS OF NATIONALITY
(CT:CON-262; 08-06-2008)
a. Persons who renounce their U.S. citizenship or
commit any statutory act of expatriation intending thereby to relinquish such
citizenship should understand that, unless they already possess a foreign
nationality or are assured of acquiring another nationality shortly after
completing their renunciation, they will become stateless and severe hardship
to them could result. In the absence of a second nationality, those
individuals would become stateless. Even if they possess permanent resident
status in a foreign country, they could encounter difficulties continuing to
reside there without a nationality.
b. The U.S. Government generally cannot accord
stateless former U.S. nationals the consular assistance that is provided for
U.S. citizens and U.S. noncitizen nationals pursuant to the Vienna Convention
on Consular Relations (VCCR), U.S. statutes and regulations, and customary
international law.
c. Stateless former U.S. nationals may also find it
difficult or impossible to travel as they may not be issued a U.S. passport,
and would probably not be able to obtain a passport or any other travel
document from any country. Further, a person who has renounced U.S. citizenship
will be required to apply for a visa to travel to the United States, just as
other aliens do. If found ineligible for a visa, he or she could be
permanently barred from the United States.
d. Expatriation will not necessarily prevent a former
citizen's deportation from a foreign country to the United States, nor will it
necessarily exempt that person from being prosecuted in the United States for
any outstanding criminal charges or held liable for any military obligations or
any taxes owed to the United States. The fact that a person has been rendered
stateless does not serve to nullify the individuals expatriation if the
renunciation is done voluntarily and with the intention to relinquish U.S.
nationality.
e. In making all these points clear to potentially
stateless renunciants, the Department of State will, nevertheless, afford them
their right to expatriate. We will accept and approve renunciations of persons
who do not already possess another nationality. It should be noted, however,
that if a foreign state deports such individuals, he or she may find themselves
deported to the United States, the country of their former nationality.
7 FAM 1216 Visa Requirements for
Former U.S. Citizens and Visa Excludability
(CT:CON-747; 11-14-2017)
a. Visa requirements for former U.S. citizens: An
expatriate is subject to all of the requirements for entry to the United States
that apply to other aliens, including visa requirements, and to all of the
grounds of visa denial and inadmissibility for aliens.
b. Visa excludability for persons found by the Attorney
General to have renounced U.S. citizenship for the purposes of avoiding
taxation: The Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (IIRAIRA) (Public Law 104-208) added 212(a)(10)(E) to the Immigration and
Nationality Act (8 U.S.C. 1182 (a)(10)(E)). INA 212(a)(10)(E) made
inadmissible any alien who is a former citizen of the United States who
officially renounces United States citizenship and who is determined by the
Attorney General to have renounced United States citizenship for the purpose of
avoiding taxation. This amendment applies only to individuals who renounced
U.S. citizenship on or after the effective date of the Act, September 30,
1996. (See 9
FAM 302.10 (U) Ineligibility based on
Citizenship restrictions - INA 212(a)(8).) The Attorney Generals authority
transferred to the Secretary of Homeland Security under the Homeland Security
Act of 2002. The Department of Homeland Security has not published
implementing regulations on INA 212(a)(10)(E) (8 U.S.C. 1182), so no procedures
implementing this law are currently in effect.
7 FAM 1217 through 1219 Unassigned