IMMIGRATION AND NATIONALITY ACT-LOSS OF NATIONALITY BY NATIVE-BORN OR NATURALIZED CITIZEN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80R01731R000400400008-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 12, 2016
• Document Release Date: January 25, 2002
• Sequence Number: 8
• Publication Date: July 8, 1952
• Content Type: REGULATION

Approved Foase 2002/02/13: CIA-RDP80R01704004000g80artment of State
Passport Division
July 8, 1952
(Enacted June 27, 1952, 82nd Congress, 2nd Session;
effective 180 days from date of enactment,
Pecember 24, 1952.)
Sec. 349. (a) From and after the effective date of this Act a person who is a
national of the United States whether by birth or naturalization, shall lose his
nationality by--
(i) obtaining naturalization in a foreign state upon his own application,
upon an application filed in his behalf by a parent, guardian, or duly authorized
agent, or through the naturalization of a parent having legal custody of such
person: Provided, That nationality shall not be lost by any person under this sec-
tion as the result of the naturalization of a parent or parents while such person
is under the age of twenty-one years, or as the result of a naturalization obtained
on behalf of a person under twenty-one years of age by a parent, guardian, or duly
authorized agent, unless such person shall fail to enter the United States to es-
tablished a permanent residence prior to his twenty-fifth birthday: And provided
further, That a person who shall have lost nationality prior to January 1, 1948,
through the naturalization in a foreign state of a parent or parents, may, within
one year from the effective date of this Act, apply for a visa and for admission
to the United States as a nonquota immigrant under the provisions of section lol
(a) (27) (E); or
(2) taking an oath or making an affirmation or other formal declaration of
allegiance to a foreign state or a political subdivision thereof; or
(3) entering, or serving in, the armed forces of a foreign state unless, prior
to such entry or service, such entry or service is specifically authorized in writ-
ing by the Secretary of State and the Secretary of Defense: Provided, That the
entry into such service by a person prior to the attainment of his eighteenth birth-
day shall serve to expatriate such person only if there exists an option to secure
a release from such service and such person fails to exercise such option at the
attainment of his eighteenth birthday; or
(4) (A) accepting, serving in, or performing the duties of any office, post,
or employment under the government of a foreign state or a political subdivision
thereof, if he has or acquires the nationality of such foreign state; or (B) accept-
ing, serving in, or performing the duties of any office, post, or employment. under
the government of a foreign state or a political subdivision thereof, for which
office, post, or employment an oath, affirmation, or declaration of allegiance is
required; or
(5) voting in a political election in a foreign state or participating in an
election or plebiscite to determine the sovereignty over foreign territory; or
(6) making a formal renunciation of nationality before a diplomatic or con-
sular officer of the United States in a foreign state, in such form as may be pre-
scribed by the Secretary of State; or
(7) making in the United States a formal written renunciation of nationality
in such form as may be prescribed by, and 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; or
(8) deserting the military, air, or naval forces of the United States in time
,of war, if and when he is convicted thereof by court martial and as the result of
such conviction is dismissed or dishonorably discharged from the service of such
military, air, or naval forces: Provided, That, notwithstanding loss of nationality
Approved For Release 2002/02/13 : CIA-RDP80R01731 R000400400008-0
 Approved F ase 2002/02/13: CIA-RDP80R017a 00400400008-0
or citizenship under the terms of this or previous laws by reason of desertion
committed in time of war restoration to active duty with such military, air, or
naval, forces in time of war or the reenlistment or induction of such a person in
time of war with permission of competent military, air, or naval authority shall
be deemed to have the immediate effect of restoring such nationality or citizen-
ship heretofore or hereafter so lost; or
(9) committing any act of treason against, or attempting by force to over-
throw, or bearing arms against, the United States if and when he is convicted
thereof by a court martial or by a court of competent jurisdiction; or
(1o) departing from or remaining outside of the jurisdiction of the United
States in time of war or during a period declared by the President to be a period
of national emergency for the purpose of evading or avoiding training and service
in-the military, air, or naval forces of the United States. For the purposes of
this paragraph failure to comply with any provision of any compulsory service laws
of the United States shall raise the presumption that the departure from or absence
from the United States was for the purpose of evading or avoiding training and serv-
ice in the military, air, or naval forces of the United States.
(b) Any person who commits or performs any act specified in sub-section (a) shall
be conclusively presumed to have done so voluntarily and without having been subjected
to duress of any kind, if such person at the time of the act was a national of the state
in which the act was performed and had been physically present in such state for a
period or periods totaling ten years or more immediately prior to such act.
Sec. 350. A person who acquired at birth the nationality of the United States
and of a foreign state and who has voluntarily sought or claimed benefits of the na-
tionality of any foreign state shall lose his United States nationality by hereafter
having a continuous residence for three years in the foreign state of which he is a
national by birth at any time after attaining the age of twenty-two years unless he
shall--
(1) prior to the expiration of such three-year period, take an oath of alle-
giance to the United States before a United States diplomatic or consular officer
in a manner prescribed by the Secretary of State; and
(2) have his residence outside of the United States solely for one of the
reasons set forth in paragraph (1), (2), (4), (5), (6), (7), or (8) of section 353,
or paragraph (1) or (2) of section 354 of this title: Provided, however., That
nothing contained in this section shall deprive any person of his United States
nationality if his foreign residence shall begin after he shall have attained the
age of sixty years and shall have had his residence in the United States for twenty-
five years after having attained the age of eighteen years.
Sec. 351. (a) Except as provided in paragraphs (7), (8), and (9) of section 349
of this. title, no national of the United States can expatriate himself, or be expatriated,
under this Act while within the United States or any of its outlying possessions, but
expatriation shall result from the performance within the United States or any of its
outlying possessions of any of the acts or the fulfillment of any of the conditions
specified in this chapter if and when the national thereafter takes up,a residence out-
side the United States and its outlying possessions.
(b) A national who within six months after attaining the age of eighteen years
asserts his claim to United States nationality, in such manner as the Secretary of State
shall by regulation prescribe, shall not be deemed to have expatriated himself by the
commission, prior to his eighteenth birthday, of any of the acts specified in paragraphs
(2), (4), (5), and (6) of section 349 (a) of this title.
Sec. 52. (a) A person who has become a national by naturalization shall lose
his na ionality"by=-
Approved For Release 2002/02/13 ? C1A-RDP80R01731 R000400400008-0
 Approved For Release 2002/02/13 : CIA-RDP80R01731 R000400400008-0
(1) having a continuous residence for three years the territory of a
foreign state of which he was formerly a national or in which the place of his
('birth is situated, except as provided in section 353 of this title, whether such
residence commenced before or after the effective date of this Act;
(2) having a continuous residence for five years in any other foreign state
or states, except as provided in sections 353 and 354 of this title, whether such
residence commenced before or after the effective date of this Act.
(b) (i) For the purpose of paragraph (1) of subsection (a) of this section,
the time during which the person had his residence abroad sole or principally for
a reason or purpose within the scope of any provision of section 353 shall not be
counted in computing quantum of residence.
(2) For the purpose of paragraph (2) of subsection (a) of this section, the
time during which the person had his residence abroad solely or principally for a
reason or purpose within the scope of any provision of sections 353 and 354 shall
not be counted in computing quantum of residence.
Sec. 353? Section 352 (a) shall have no application to a national who--
(1) has his residence abroad in the employment of the Government of the
United States; or
(2) is receiving compensation from the Government of the United States and
has his residence abroad on account of disability incurred in its service; or
(3) shall have had his residence in the United States for not less than
twenty-five years subsequent to his naturalization and shall have attained the
age of sixty years when the foreign residence is established; or
(4) had his residence abroad on October 14,.1940, and temporarily has his
residence abroad, or who thereafter has gone or goes abroad and,temporarily has
his residence abroad, solely or principally to represent a bona fide American
educational, scientific, philanthropic, commercial, financial, or business organi-
zation, having its principal office or place of business in the United States, or
a bona fide religious organization having an office and representative in the United
States, or an international agency of an official character in which the United
States'participates, for which he receives a substantial compensation; or
(5) has his residence abroad and is prevented from returning to the United
States exclusively (A) by his own ill health; or (B) by the ill health of his
parent, spouse, or child who cannot be brought to the United States, whose condi-
tion requires his personal care and attendance: Provided, That in such case the
person having his residence abroad shall, at least every six months, register at
the appropriate Foreign Service office and submit evidence satisfactory to the
Secretary of State that his case continues to meet the requirements of this sub-
paragraph; or (C) by reason of the death of his parent, spouse, or child: Provided,
That in the case of the death of such parent, spouse, or child the person having
his residence abroad shall return to the United States within six months after the
death of such relative; or
(6) has his residence abroad for the purpose of pursuing a full course of
study of a specialized character or attending full-time an institution of learning
of a grade above that of a preparatory school: Provided, That such residence does
not exceed five years; or
(7) is the spouse of child of an American citizen, and who has his residence
abroad for the purpose of being with his American citizen spouse or parent who has his
residence abroad for one of the objects or causes specified in paragraph (1), (2),
(3), (4), (5), or (6) of this section, or paragraph (2) of section 354 of this
title; or
(8) is the spouse or child of an American national by birth who while under
the age of twenty-one years had his residence in the United States for a period or
periods totaling ten years, and has his residence abroad for the purpose of being
with said spouse or parent; or
(9) was born in the United States or one of its outlying possessions, who
originally had American nationality and who, after having lost such nationality
through marriage to an alien, reacquired it; or
Approved For Release 2002/02/13 : CIA-RDP80R01731 R000400400008-0
 STATINTL Approved For Release 2002/02/13 : CIA-RDP80R01731 R000400400008-0
Approved For Release 2002/02/13 : CIA-RDP80R01731 R000400400008-0