
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1481]

 
                     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.

(June 27, 1952, ch. 477, title III, ch. 3, Sec. 349, 66 Stat. 267; Sept. 
3, 1954, ch. 1256, Sec. 2, 68 Stat. 1146; Pub. L. 87-301, Sec. 19, Sept. 
26, 1961, 75 Stat. 656; Pub. L. 94-412, title V, Sec. 501(a), Sept. 14, 
1976, 90 Stat. 1258; Pub. L. 95-432, Secs. 2, 4, Oct. 10, 1978, 92 Stat. 
1046; Pub. L. 97-116, Sec. 18(k)(2), (q), Dec. 29, 1981, 95 Stat. 1620, 
1621; Pub. L. 99-653, Secs. 18, 19, Nov. 14, 1986, 100 Stat. 3658; Pub. 
L. 100-525, Secs. 8(m), (n), 9(hh), Oct. 24, 1988, 102 Stat. 2618, 
2622.)

                       References in Text

    The effective date of this chapter, referred to in subsec. (a), is 
the 180th day immediately following June 27, 1952. See section 407 of 
act June 27, 1952, set out as an Effective Date note under section 1101 
of this title.


                               Amendments

    1988--Subsec. (a). Pub. L. 100-525, Sec. 9(hh), substituted ``A 
person'' for ``From and after the effective date of this chapter a 
person''.
    Subsecs. (a) to (c). Pub. L. 100-525, Sec. 8(m), (n), amended Pub. 
L. 99-653. See 1986 Amendment notes below.
    1986--Subsec. (a). Pub. L. 99-653, Sec. 18(a), as amended by Pub. L. 
100-525, Sec. 8(m)(1), inserted ``voluntarily performing any of the 
following acts with the intention of relinquishing United States 
nationality'' after ``his nationality by''.
    Subsec. (a)(1). Pub. L. 99-653, Sec. 18(b), substituted ``or upon an 
application filed by a duly authorized agent, after having attained the 
age of eighteen years'' for ``upon an application filed in his behalf by 
a parent, guardian, or duly authorized agent, or through the 
naturalization of a parent having legal custody of such person: Provided 
That nationality shall not be lost by any person under this section as 
the result of the naturalization of a parent or parents while such 
person is under the age of twenty-one years, or as the result of a 
naturalization obtained on behalf of a person under twenty-one years of 
age by a parent, guardian, or duly authorized agent, unless such person 
shall fail to enter the United States to establish a permanent residence 
prior to his twenty-fifth birthday: And provided further, That a person 
who shall have lost nationality prior to January 1, 1948, through the 
naturalization in a foreign state of a parent or parents, may, within 
one year from the effective date of this chapter, apply for a visa and 
for admission to the United States as a special immigrant under the 
provisions of section 1101(a)(27)(E) of this title''.
    Subsec. (a)(2). Pub. L. 99-653, Sec. 18(c), inserted ``, after 
having attained the age of eighteen years'' after ``political 
subdivision thereof''.
    Subsec. (a)(3). Pub. L. 99-653, Sec. 18(d), as amended by Pub. L. 
100-525, Sec. 8(m)(2), substituted ``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'' for ``unless, 
prior to such entry or service, such entry or service is specifically 
authorized in writing by the Secretary of State and the Secretary of 
Defense: Provided, That the entry into such service by a person prior to 
the attainment of his eighteenth birthday shall serve to expatriate such 
person only if there exists an option to secure a release from such 
service and such person fails to exercise such option at the attainment 
of his eighteenth birthday; or''.
    Subsec. (a)(4). Pub. L. 99-653, Sec. 18(e), (f), as amended by Pub. 
L. 100-525, Sec. 8(m)(3), inserted ``after attaining the age of eighteen 
years'' after ``political subdivision thereof,'' in subpars. (A) and 
(B).
    Subsecs. (b), (c). Pub. L. 99-653, Sec. 19, as amended by Pub. L. 
100-525, Sec. 8(n), redesignated former subsec. (c) as (b) and 
substituted ``Any'' for ``Except as provided in subsection (b) of this 
section, any'', and struck out former subsec. (b) which read as follows: 
``Any person who commits or performs any act specified in subsection (a) 
of this section shall be conclusively presumed to have done so 
voluntarily and without having been subjected to duress of any kind, if 
such person at the time of the act was a national of the state in which 
the act was performed and had been physically present in such state for 
a period or periods totaling ten years or more immediately prior to such 
act.''
    1981--Subsec. (a). Pub. L. 97-116 struck out ``(a)'' designation as 
added by section 4 of Pub. L. 95-432, which was not executed since it 
would have resulted in a subsec. (a) designation of ``(a)(a)'', and 
substituted in par. (1) ``special immigrant'' for ``nonquota 
immigrant''.
    1978--Subsec. (a)(5). Pub. L. 95-432, Secs. 2, 4, redesignated par. 
(6) as (5). Former par. (5), which dealt with expatriation of persons 
who voted in a political election in a foreign state or participated in 
an election or plebiscite to determine sovereignty over foreign 
territory, was struck out.
    Subsec. (a)(6), (7). Pub. L. 95-432, Sec. 4, redesignated pars. (7) 
and (9) as (6) and (7), respectively. Former pars. (6) and (7) 
redesignated (5) and (6), respectively.
    Subsec. (a)(8). Pub. L. 95-432, Sec. 2, struck out par. (8) which 
dealt with expatriation of persons who were dismissed or dishonorably 
discharged as result of deserting the military, air, or naval forces of 
the United States in time of war.
    Subsec. (a)(9). Pub. L. 95-432, Sec. 4, redesignated par. (9) as 
(7).
    1976--Subsec. (a)(10). Pub. L. 94-412 struck out par. (10) which 
dealt with the expatriation of persons who remained outside of the 
jurisdiction of the United States in time of war or national emergency 
to avoid service in the military.
    1961--Subsec. (c). Pub. L. 87-301 added subsec. (c).
    1954--Subsec. (a)(9). Act Sept. 3, 1954, provided for forfeiture of 
citizenship of persons advocating the overthrow of the Government by 
force or violence.


                    Effective Date of 1988 Amendment

    Amendment by section 8(m), (n) of 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 section 1101 of this title.


                    Effective Date of 1986 Amendment

    Section 23(g) of Pub. L. 99-653, as added by Pub. L. 100-525, 
Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: ``The 
amendments made by sections 18, 19, and 20 [amending this section and 
section 1483 of this title] shall apply to actions taken before, on, or 
after November 14, 1986.''


                    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.


                               Short Title

    Section 1 of act Sept. 3, 1954, 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 Defense.


                          Right of Expatriation

    R.S. Sec. 1999 provided that: ``Whereas the right of expatriation is 
a natural and inherent right of all people, indispensable to the 
enjoyment of the rights of life, liberty, and the pursuit of happiness; 
and whereas in the recognition of this principle this Government has 
freely received emigrants from all nations, and invested them with the 
rights of citizenship; and whereas it is claimed that such American 
citizens, with their descendants, are subjects of foreign states, owing 
allegiance 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 finally disavowed: Therefore any declaration, 
instruction, opinion, order, or decision of any officer of the United 
States which denies, restricts, impairs, or questions the right of 
expatriation, is declared inconsistent with the fundamental principles 
of the Republic.''

                  Section Referred to in Other Sections

    This section is referred to in section 1483 of this title; title 26 
section 6039G.
