344
CHAPTER 207—LOSS OF NATIONALITY
SUBCHAPTER I—BY VOLUNTARY ACTS
Sec.
20701.
Acts resulting in loss of nationality.
20702.
Acts not resulting in loss of nationality.
20703.
Presumption that act is done voluntarily.
SUBCHAPTER II—REVOCATION OF NATURALIZATION
20711.
Application.
20712.
Grounds.
20713.
Procedure.
20714.
Effect on automatic naturalization.
20715.
Cancellation of certificate of naturalization.
20716.
Authority not affected.
SUBCHAPTER III—MISCELLANEOUS
20731.
Burden of proof.
SUBCHAPTER I—BY VOLUNTARY ACTS
§ 20701. Acts resulting in loss of nationality
Except as provided in section 20702 of this title, a national of the United
States loses nationality of the United States under this subchapter only by
voluntarily performing any of the following acts with the intention of relin-
quishing nationality of the United States:
(1) becoming a national of a foreign country, after becoming 18
years of age—
(A) on application of the national; or
(B) on application for the national filed by an agent of the na-
tional.
(2) taking an oath or making a declaration of allegiance to a foreign
country or a political subdivision of a foreign country after becoming
18 years of age.
(3) entering or serving in the armed forces of a foreign country if—
(A) the armed forces are engaged in hostilities against the Unit-
ed States; or
(B) the individual serves as a commissioned or noncommissioned
officer.
(4) accepting, serving in, or carrying out the duties and powers of
an office, a post, or employment under the government of a foreign
country or a political subdivision of a foreign country, after becoming
18 years of age, if—
(A) the individual is or becomes a national of the foreign coun-
try; or
(B) the office, post, or employment requires an oath or declara-
tion of allegiance.
(5) making a formal renunciation of nationality in a foreign country
before a diplomatic or consular officer in the way the Secretary of
State prescribes.
345
(6) making a formal written renunciation of nationality in the Unit-
ed States in the way the Attorney General prescribes before an officer
or employee the Attorney General designates when the United States
is in a state of war and the Attorney General approves the renunciation
as not against the defense interests of the United States.
(7) committing any of the following offenses for which the individual
is convicted by a court or court martial:
(A) treason against the United States Government.
(B) attempting by force to overthrow the Government.
(C) bearing arms against the Government.
(D) violating or conspiring to violate section 2383 of title 18.
(E) violating section 2384 of title 18 by conspiring to over-
throw, put down, or destroy by force the Government or to carry
on war against the Government.
(F) willfully violating section 2385 of title 18.
§ 20702. Acts not resulting in loss of nationality
(a) WHEN NATIONAL IN THE UNITED STATES OR AMERICAN SAMOA.—
A national of the United States does not lose nationality under section
20701(1)–(4) of this title when the national is in the United States or
American Samoa. However, an act specified in section 20701(1)–(4) and
carried out in the United States or American Samoa results in the loss of
nationality when the national establishes a residence outside the United
States and American Samoa.
(b) WHEN ENTERING OR SERVING IN ARMED FORCES OF A FOREIGN
COUNTRY OR RENOUNCING NATIONALITY AS A MINOR.—A national of the
United States does not lose nationality under section 20701(3) or (5) of this
title when less than 18 years of age if the national claims the nationality
within 6 months after becoming 18 years of age. The claim shall be made
in the way the Secretary of State prescribes by regulation.
(c) WHEN MARRYING A MALE ALIEN.—Notwithstanding a treaty ratified
by the Senate before December 25, 1952, a woman who was—
(1) a national of the United States did not lose nationality only be-
cause of marriage after—
(A) September 21, 1922, to an alien; or
(B) March 2, 1931, to an alien who was ineligible to become
a citizen of the United States because of race; or
(2) a citizen of the United States at birth did not lose nationality
because of residence outside the United States after a marriage re-
ferred to in clause (1) of this subsection.