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TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER III--NATIONALITY AND NATURALIZATION
Part III--Loss of Nationality
Sec. 1481. Loss of nationality by native-born or naturalized
citizen; voluntary action; burden of proof; presumptions
(a) A person who is a national of the United States whether by birth
or naturalization, shall lose his nationality by voluntarily performing
any of the following acts with the intention of relinquishing United
States nationality--
(1) obtaining naturalization in a foreign state upon his own
application or upon an application filed by a duly authorized agent,
after having attained the age of eighteen years; or
(2) taking an oath or making an affirmation or other formal
declaration of allegiance to a foreign state or a political
subdivision thereof, after having attained the age of eighteen
years; or
(3) entering, or serving in, the armed forces of a foreign state
if (A) such armed forces are engaged in hostilities against the
United States, or (B) such persons serve as a commissioned or non-
commissioned officer; 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, after attaining the age of
eighteen years if he has or acquires the nationality of such foreign
state; or (B) 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, after attaining the age of
eighteen years for which office, post, or employment an oath,
affirmation, or declaration of allegiance is required; or
(5) making a formal renunciation of nationality before a
diplomatic or consular officer of the United States in a foreign
state, in such form as may be prescribed by the Secretary of State;
or
(6) 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
(7) committing any act of treason against, or attempting by
force to overthrow, or bearing arms against, the United States,
violating or conspiring to violate any of the provisions of section
2383 of title 18, or willfully performing any act in violation of
section 2385 of title 18, or violating section 2384 of title 18 by
engaging in a conspiracy to overthrow, put down, or to destroy by
force the Government of the United States, or to levy war against
them, if and when he is convicted thereof by a court martial or by a
court of competent jurisdiction.
(b) Whenever the loss of United States nationality is put in issue
in any action or proceeding commenced on or after September 26, 1961
under, or by virtue of, the provisions of this chapter or any other Act,
the burden shall be upon the person or party claiming that such loss
occurred, to establish such claim by a preponderance of the evidence.
Any person who commits or performs, or who has committed or performed,
any act of expatriation under the provisions of this chapter or any
other Act shall be presumed to have done so voluntarily, but such
presumption may be rebutted upon a showing, by a preponderance of the
evidence, that the act or acts committed or performed were not done
voluntarily. |
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