TN 32 (06-12)

Citations:

8 USC 1481 Loss of Nationality

INA Sec 349 Loss of Nationality by Native Born or Naturalized Citizen

A. Policy for loss of U.S. citizenship or nationality

U.S. citizens who obtained U.S. citizenship either by birth or by naturalization may lose their citizenship or nationality if they commit one of the following acts.

• Obtain naturalization in a foreign state by own application

• Make a formal declaration of allegiance to a foreign sovereignty

• Serve in foreign armed forces except with written approval of the U.S. Secretary of State and the Secretary of Defense

• Accept official employment under a foreign government, if acquisition of the foreign nationality or declaration of allegiance is necessary for such employment

• Make a formal renunciation of nationality before a U.S. diplomatic or consular officer abroad

• Make a formal renunciation of nationality within the U.S. when the U.S. is in a state of war

• Convicted of treason or bearing arms against the U.S. or similar acts

B. Procedure for questionable dual citizenship

If an event has occurred, which could result in the claimant's loss of U.S. citizenship and such loss would be material to the claim, follow the procedure indicated below.

NOTE: Each country establishes criteria for citizenship independently; therefore, it is possible for a country to officially recognize a claimant as a citizen of the U.S. and another country at the same time. A person does not automatically lose his or her U.S. citizenship if the country considers him or her a citizen of another country.

If a person alleges dual citizenship or alleges U.S. citizenship but submits evidence to the contrary, such as a subsequently issued citizenship document from another country (i.e., a U.S. birth certificate and a foreign passport), ask that person to explain his or her citizenship status.

Depending on the response, take one of the following actions.

1. Law of return or retention for citizenship at birth

If the claimant alleges he or she obtained dual citizenship by the law of return or retention of citizenship at birth, accept the allegation if there is no conflicting evidence. For examples of these dual entitlement situations, refer to RS 02640.001.

2. Naturalization

If the claimant obtained dual citizenship by naturalization in another country, ask him or her to submit evidence to establish continuing U.S. citizenship. We accept the following as evidence.

1. U.S. passport or any other document listed in GN 00303.300, issued later than the foreign document.

2. Determination of citizenship from the Department of State, for persons residing outside the U.S.; or United States Citizenship and Immigration Service (USCIS), for persons residing in the U.S.