What US INA Loss of Nationality by Native-Born or Naturalized Citizen (8 USC 1481): Expatriating Acts, Voluntariness and Burden of Proof requires
Section 349 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1481, sets out the acts by which a national of the United States, whether by birth or naturalization, loses nationality, and the standard for proving that loss, administered by the Department of State. Section 1481(a) provides that a person shall lose nationality by voluntarily performing any of the listed acts with the intention of relinquishing United States nationality: (1) obtaining naturalization in a foreign state on his own application after the age of eighteen; (2) taking an oath or making a formal declaration of allegiance to a foreign state after the age of eighteen; (3) entering or serving in the armed forces of a foreign state engaged in hostilities against the United States, or serving as a commissioned or non-commissioned officer; (4) accepting, serving in, or performing the duties of an office, post or employment under the government of a foreign state, under stated nationality and oath conditions; (5) making a formal renunciation of nationality before a United States diplomatic or consular officer abroad; (6) making, in the United States in time of war and with Attorney General approval, a formal written renunciation; and (7) committing an act of treason, or attempting by force to overthrow or bearing arms against the United States, on conviction. Section 1481(b) places the burden of proving loss on the party claiming it, to be established by a preponderance of the evidence, and provides that an expatriating act is presumed voluntary, a presumption rebuttable on a preponderance of the evidence that the act was not done voluntarily. The section is the controlling rule on expatriation and its high evidentiary threshold, shaped by the constitutional requirement of a specific intent to relinquish citizenship.
Pillar: Immigration & Border Control · Authority: US Congress / Department of State · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12.htm
SHA-256 integrity: 3ca2abc38201616b1fab75567be9985777588e261ee66c6f99301bac6a466e11
Primary Citations — 8 traced to source
- Immigration and Nationality Act 349, 8 U.S.C. 1481(a) - loss of nationality by voluntarily performing a listed act with the intention of relinquishing United States nationality.
- Immigration and Nationality Act 349, 8 U.S.C. 1481(a)(1) - obtaining naturalization in a foreign state on his own application after the age of eighteen.
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