8 U.S.C. § 1483 — Restrictions on loss of nationality

Page 527 TITLE 8—ALIENS AND NATIONALITY § 1483 SHORT TITLE Act Sept. 3, 1954, ch. 1256, § 1, 68 Stat. 1146, provided: ‘‘That this Act [amending this section] may be cited as the ‘Expatriation Act of 1954’.’’ SAVINGS PROVISION Amendment by Pub. L. 94–412 not to affect any action taken or proceeding pending at the time of amendment, see section 501(h) of Pub. L. 94–412, set out as a note under section 1601 of Title 50, War and National De- fense. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. RIGHT OF EXPATRIATION R.S. § 1999 provided that: ‘‘Whereas the right of expa- triation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, lib- erty, and the pursuit of happiness; and whereas in the recognition of this principle this Government has free- ly received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their de- scendants, are subjects of foreign states, owing alle- giance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and fi- nally disavowed: Therefore any declaration, instruc- tion, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or ques- tions the right of expatriation, is declared inconsistent with the fundamental principles of the Republic.’’ § 1482. Repealed. Pub. L. 95–432, § 1, Oct. 10, 1978, 92 Stat. 1046 Section, act June 27, 1952, ch. 477, title III, ch. 3, § 350, 66 Stat. 269, provided that an individual with dual na- tionality who voluntarily claims the benefits of the foreign state nationality loses his United States na- tionality by having continuous residence in the foreign state for 3 years after having attained 22 years of age unless prior to the 3 year period he takes an oath of al- legiance to the United States, or his residence in the foreign state was for a reason specified in section 1485(1), (2), (4), (5), (6), (7), or (8) of this title or section 1486(1) or (2) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 95–432, § 1, Oct. 10, 1978, 92 Stat. 1046, provided that repeal of this section is effective Oct. 10, 1978. § 1483. Restrictions on loss of nationality (a) Except as provided in paragraphs (6) and (7) of section 1481(a) of this title, no national of the United States can lose United States nation- ality under this chapter while within the United States or any of its outlying possessions, but loss of nationality shall result from the per- formance 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 Part if and when the national thereafter takes up a residence outside the United States and its outlying possessions. (b) A national who within six months after at- taining the age of eighteen years asserts his claim to United States nationality, in such manner as the Secretary of State shall by regu- lation prescribe, shall not be deemed to have lost United States nationality by the commis- sion, prior to his eighteenth birthday, of any of the acts specified in paragraphs (3) and (5) of section 1481(a) of this title. (June 27, 1952, ch. 477, title III, ch. 3, § 351, 66 Stat. 269; Pub. L. 97–116, § 18(r), Dec. 29, 1981, 95 Stat. 1621; Pub. L. 99–653, § 20, Nov. 14, 1986, 100 Stat. 3658; Pub. L. 100–525, § 8(o), Oct. 24, 1988, 102 Stat. 2618; Pub. L. 103–416, title I, § 105(a), Oct. 25, 1994, 108 Stat. 4308; Pub. L. 104–208, div. C, title VI, § 671(b)(3), Sept. 30, 1996, 110 Stat. 3009–721.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–208 struck out comma after ‘‘United States nationality’’. 1994—Pub. L. 103–416 in section catchline substituted ‘‘loss of nationality’’ for ‘‘expatriation’’, in subsec. (a) substituted ‘‘lose United States nationality’’ for ‘‘expa- triate himself, or be expatriated’’ and ‘‘loss of nation- ality’’ for ‘‘expatriation’’, and in subsec. (b) substituted ‘‘lost United States nationality’’ for ‘‘expatriated him- self’’. 1988—Subsec. (b). Pub. L. 100–525 amended Pub. L. 99–653. See 1986 Amendment note below. 1986—Subsec. (b). Pub. L. 99–653, as amended by Pub. L. 100–525, substituted ‘‘paragraphs (3)’’ for ‘‘paragraphs (2), (4),’’. 1981—Subsec. (a). Pub. L. 97–116, § 18(r)(1), substituted ‘‘paragraphs (6) and (7) of section 1481(a)’’ for ‘‘para- graphs (7), (8), and (9) of section 1481’’. Subsec. (b). Pub. L. 97–116, § 18(r)(2), substituted ‘‘and (5)’’ for ‘‘(5), and (6)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–525 effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986, Pub. L. 99–653, see section 309(b)(15) of Pub. L. 102–232, set out as an Effective and Termination Dates of 1988 Amendments note under sec- tion 1101 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–653 applicable to actions taken before, on, or after Nov. 14, 1986, see section 23(g) of Pub. L. 99–653, set out as a note under section 1481 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, set out as a note under section 1101 of this title. RIGHT OF EXPATRIATION Provisions preserving the right and disavowal of for- eign allegiance, see note under section 1481 of this title. Page 528 TITLE 8—ALIENS AND NATIONALITY §§ 1484 to 1487 §§ 1484 to 1487. Repealed. Pub. L. 95–432, § 2, Oct. 10, 1978, 92 Stat. 1046 Section 1484, act June 27, 1952, ch. 477, title III, ch. 3, § 352, 66 Stat. 269, related to loss of nationality by natu- ralized national by continuous residence for 3 years in the territory or foreign state of which the individual was a former national or in which his place of birth was situated or continuous residence for 5 years in any other foreign state or states. Section 1485, acts June 27, 1952, ch. 477, title III, ch. 3, § 353, 66 Stat. 270; Aug. 4, 1959, Pub. L. 86–129, § 1, 73 Stat. 274, provided exceptions for certain persons from loss of nationality pursuant to section 1484. Section 1486, acts June 27, 1952, ch. 477, title III, ch. 3, § 354, 66 Stat. 271; Aug. 4, 1959, Pub. L. 86–129, §§ 2, 3, 73 Stat. 274; Sept. 26, 1961, Pub. L. 87–301, § 20, 75 Stat. 656, provided exceptions for certain persons from loss of nationality by continuous residence for five years in any foreign country of which the individual was not a national or in which his place of birth was situated. Section 1487, act June 27, 1952, ch. 477, title III, ch. 3, § 355, 66 Stat. 272, related to loss of American nation- ality through expatriation of parents. § 1488. Nationality lost solely from performance of acts or fulfillment of conditions The loss of nationality under this part shall result solely from the performance by a national of the acts or fulfillment of the conditions speci- fied in this part. (June 27, 1952, ch. 477, title III, ch. 3, § 356, 66 Stat. 272.) § 1489. Application of treaties; exceptions Nothing in this subchapter shall be applied in contravention of the provisions of any treaty or convention to which the United States is a party and which has been ratified by the Senate before December 25, 1952: Provided, however, That no woman who was a national of the United States shall be deemed to have lost her nationality solely by reason of her marriage to an alien on or after September 22, 1922, or to an alien ra- cially ineligible to citizenship on or after March 3, 1931, or, in the case of a woman who was a United States citizen at birth, through residence abroad following such marriage, notwith- standing the provisions of any existing treaty or convention. (June 27, 1952, ch. 477, title III, ch. 3, § 357, 66 Stat. 272; Pub. L. 100–525, § 9(ii), Oct. 24, 1988, 102 Stat. 2622.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–525 substituted ‘‘before December 25, 1952’’ for ‘‘upon the effective date of this subchapter’’. PART IV—MISCELLANEOUS § 1501. Certificate of diplomatic or consular offi- cer of United States as to loss of American nationality Whenever a diplomatic or consular officer of the United States has reason to believe that a person while in a foreign state has lost his United States nationality under any provision of part III of this subchapter, or under any provi- sion of chapter IV of the Nationality Act of 1940, as amended, he shall certify the facts upon which such belief is based to the Department of State, in writing, under regulations prescribed by the Secretary of State. If the report of the diplomatic or consular officer is approved by the Secretary of State, a copy of the certificate shall be forwarded to the Attorney General, for his information, and the diplomatic or consular office in which the report was made shall be di- rected to forward a copy of the certificate to the person to whom it relates. Approval by the Sec- retary of State of a certificate under this sec- tion shall constitute a final administrative de- termination of loss of United States nationality under this chapter, subject to such procedures for administrative appeal as the Secretary may prescribe by regulation, and also shall con- stitute a denial of a right or privilege of United States nationality for purposes of section 1503 of this title. (June 27, 1952, ch. 477, title III, ch. 4, § 358, 66 Stat. 272; Pub. L. 103–416, title I, § 106, Oct. 25, 1994, 108 Stat. 4309.) Editorial Notes REFERENCES IN TEXT Chapter IV of the Nationality Act of 1940, as amend- ed, referred to in text, which was classified to sections 800 to 810 of this title, was repealed by section 403(a)(42) of act June 27, 1952. This chapter, referred to in text, was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. CODIFICATION Section was formerly classified to section 100 of this title. AMENDMENTS 1994—Pub. L. 103–416 inserted at end ‘‘Approval by the Secretary of State of a certificate under this section shall constitute a final administrative determination of loss of United States nationality under this chapter, subject to such procedures for administrative appeal as the Secretary may prescribe by regulation, and also shall constitute a denial of a right or privilege of United States nationality for purposes of section 1503 of this title.’’ Statutory Notes and Related Subsidiaries ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. § 1502. Certificate of nationality issued by Sec- retary of State for person not a naturalized citizen of United States for use in pro- ceedings of a foreign state The Secretary of State is authorized to issue, in his discretion and in accordance with rules and regulations prescribed by him, a certificate of nationality for any person not a naturalized citizen of the United States who presents satis- factory evidence that he is an American na- tional and that such certificate is needed for use