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

Document Type: 
Collection: 
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
Case Number: 
Publication Date: 
July 8, 1952
Content Type: 
REGULATION
File: 
AttachmentSize
PDF icon CIA-RDP80R01731R000400400008-0.pdf261.76 KB
Body: 
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