22 CFR 50.40 - Certification of loss of U.S. nationality.

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§ 50.40 Certification of loss of U.S. nationality.

(a)Administrative presumption. In adjudicating potentially expatriating acts pursuant to INA 349(a), the Department has adopted an administrative presumption regarding certain acts and the intent to commit them. U.S. citizens who naturalize in a foreign country; take a routine oath of allegiance; or accept non-policy level employment with a foreign government need not submit evidence of intent to retain U.S. nationality. In these three classes of cases, intent to retain U.S. citizenship will be presumed. A person who affirmatively asserts to a consular officer, after he or she has committed a potentially expatriating act, that it was his or her intent to relinquish U.S. citizenship will lose his or her U.S. citizenship. In other loss of nationality cases, the consular officer will ascertain whether or not there is evidence of intent to relinquish U.S. nationality.

(b) Whenever a person admits that he or she had the intent to relinquish citizenship by the voluntary and intentional performance of one of the acts specified in Section 349(a) of the Immigration and Nationality Act, and the person consents to the execution of an affidavit to that effect, the diplomatic or consular officer shall attach such affidavit to the certificate of loss of nationality.

(c) Whenever a diplomatic or consular officer has reason to believe that a person, while in a foreign country, has lost his U.S. nationality under any provision of chapter 3 of title III of the Immigration and Nationality Act of 1952, or under any provision of chapter IV of the Nationality Act of 1940, as amended, he shall prepare a certificate of loss of nationality containing the facts upon which such belief is based and shall forward the certificate to the Department.

(d) If the diplomatic or consular officer determines that any document containing information relevant to the statements in the certificate of loss of nationality should not be attached to the certificate, the person may summarize the pertinent information in the appropriate section of the certificate and send the documents together with the certificate to the Department.

(e) If the certificate of loss of nationality is approved by the Department, a copy shall be forwarded to the Immigration and Naturalization Service, Department of Justice. The diplomatic or consular office in which the certificate was prepared shall then forward a copy of the certificate to the person to whom it relates or his representative.

[ 31 FR 13537, Oct. 20, 1966. Redesignated and amended at 61 FR 29652, June 12, 1996; 63 FR 20315, Apr. 24, 1998]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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United States Code

§ 1104 - Powers and duties of Secretary of State

§ 1401 - Nationals and citizens of United States at birth

§ 1401a - Birth abroad before 1952 to service parent

§ 1401b - Repealed. Pub. L. 92–584, § 2, Oct. 27, 1972, 86 Stat. 1289

§ 1402 - Persons born in Puerto Rico on or after April 11, 1899

§ 1403 - Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904

§ 1404 - Persons born in Alaska on or after March 30, 1867

§ 1405 - Persons born in Hawaii

§ 1406 - Persons living in and born in the Virgin Islands

§ 1407 - Persons living in and born in Guam

§ 1408 - Nationals but not citizens of the United States at birth

§ 1409 - Children born out of wedlock

§ 1421 - Naturalization authority

§ 1422 - Eligibility for naturalization

§ 1423 - Requirements as to understanding the English language, history, principles and form of government of the United States

§ 1424 - Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government

§ 1425 - Ineligibility to naturalization of deserters from the Armed Forces

§ 1426 - Citizenship denied alien relieved of service in Armed Forces because of alienage

§ 1427 - Requirements of naturalization

§ 1428 - Temporary absence of persons performing religious duties

§ 1429 - Prerequisite to naturalization; burden of proof

§ 1430 - Married persons and employees of certain nonprofit organizations

§ 1431 - Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired; determinations of name and birth date

§ 1432 - Repealed. Pub. L. 106–395, title I, § 103(a), Oct. 30, 2000, 114 Stat. 1632

§ 1433 - Children born and residing outside the United States; conditions for acquiring certificate of citizenship

§ 1434 - Repealed. Pub. L. 95–417, § 7, Oct. 5, 1978, 92 Stat. 918

§ 1435 - Former citizens regaining citizenship

§ 1436 - Nationals but not citizens; residence within outlying possessions

§ 1437 - Resident Philippine citizens excepted from certain requirements

§ 1438 - Former citizens losing citizenship by entering armed forces of foreign countries during World War II

§ 1439 - Naturalization through service in the armed forces

§ 1440 - Naturalization through active-duty service in the Armed Forces during World War I, World War II, Korean hostilities, Vietnam hostilities, or other periods of military hostilities

8 U.S. Code § 1440–1 - Posthumous citizenship through death while on active-duty service in armed forces during World War I, World War II, the Korean hostilities, the Vietnam hostilities, or in other periods of military hostilities

§ 1440a to 1440d - Omitted

§ 1440e - Exemption from naturalization fees for aliens naturalized through service during Vietnam hostilities or other subsequent period of military hostilities; report by clerks of courts to Attorney General

§ 1440f - Fingerprints and other biometric information for members of the United States Armed Forces

§ 1440g - Provision of information on military naturalization

§ 1441 - Constructive residence through service on certain United States vessels

§ 1442 - Alien enemies

§ 1443 - Administration

§ 1443a - Naturalization proceedings overseas for members of the Armed Forces and their spouses and children

§ 1444 - Photographs; number

§ 1445 - Application for naturalization; declaration of intention

§ 1446 - Investigation of applicants; examination of applications

§ 1447 - Hearings on denials of applications for naturalization

§ 1448 - Oath of renunciation and allegiance

§ 1448a - Address to newly naturalized citizens

§ 1449 - Certificate of naturalization; contents

§ 1450 - Functions and duties of clerks and records of declarations of intention and applications for naturalization

§ 1451 - Revocation of naturalization

§ 1452 - Certificates of citizenship or U.S. non-citizen national status; procedure

§ 1453 - Cancellation of certificates issued by Attorney General, the Commissioner or a Deputy Commissioner; action not to affect citizenship status

§ 1454 - Documents and copies issued by Attorney General

§ 1455 - Fiscal provisions

§ 1456 - Repealed. Pub. L. 86–682, § 12(c), Sept. 2, 1960, 74 Stat. 708, eff. Sept. 1, 1960

§ 1457 - Publication and distribution of citizenship textbooks; use of naturalization fees

§ 1458 - Compilation of naturalization statistics and payment for equipment

§ 1459 - Repealed. Pub. L. 101–649, title IV, § 407(d)(20), Nov. 29, 1990, 104 Stat. 5046

§ 1481 - Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

§ 1482 - Repealed. Pub. L. 95–432, § 1, Oct. 10, 1978, 92 Stat. 1046

§ 1483 - Restrictions on loss of nationality

§ 1484 to 1487 - Repealed. Pub. L. 95–432, § 2, Oct. 10, 1978, 92 Stat. 1046

§ 1488 - Nationality lost solely from performance of acts or fulfillment of conditions

§ 1489 - Application of treaties; exceptions

§ 1501 - Certificate of diplomatic or consular officer of United States as to loss of American nationality

§ 1502 - Certificate of nationality issued by Secretary of State for person not a naturalized citizen of United States for use in proceedings of a foreign state

§ 1503 - Denial of rights and privileges as national

§ 1504 - Cancellation of United States passports and Consular Reports of Birth

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