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You're not a citizenship lawyer, I'm assuming, and you're just grabbing these links from (bad) cursory google searching, because this must be some kind of joke?

You're not a citizenship lawyer, I'm assuming, and you're just grabbing these links from (bad) cursory google searching, because this must be some kind of joke? Are you actually reading the links you are posting? I think you haven't actually read them. Both of these links support my assertions. Also, you obviously have zero experience with immigration and citizenship law, and how it works at the consular level. From your very own links: "... provides for relinquishment through 'entering, or serving in, the armed forces of a foreign state' if either the person serves 'as a commissioned or non-commissioned officer' ... " I suppose then you have no real-world experience with any of this (or anything like this) and so cannot otherwise provide anything to support your position. So let me help define some terms for you. A "commissioned or non-commissioned officer" -- what I called "an NCO or above" -- is essentially anyone higher ranking than a common soldier. If you serve in this position, the consular officer you report this to gets to make the call on whether or not this constitutes relinquishing citizenship and every consulate I talked to said it would mean relinquishing citizenship. This is the power of the consulate: They make decisions with recommendations from the government. Since you don't have any experience with this first-hand, and you don't understand the implication, that means you won't be afforded the opportunity to challenge or appeal the decision, since you won't have ready access to the American court system.

jpatokal 8y ago
Not a lawyer (are you?), but I do maintain a keen interest in nationality law. Italics mine: "...the Department of State adopted the administrative presumption found in 22 CFR 50.40 that a U.S. citizen/noncitizen national intends to retain U.S. nationality when he or she commits certain expatriating acts. That administrative presumption is in the process of being revised in 22 CFR Part 50, and includes when a U.S. citizen serves as a commissioned or noncommissioned officer of a foreign state, not engaged in hostilities against the United States (INA 349(a)(3), 8 U.S.C. 1481(a)(3))." In other words, even if you serve as a officer or NCO of a foreign country, the Department of State will not consider this an expatriating act causing loss of citizenship, unless that country is at war with the US. See also 7 FAM 1222 for more details of the "administrative presumption" in question: "...in 1990 the Department adopted the administrative presumption found in 22 CFR 50.40 that a U.S. citizen/noncitizen national intends to retain U.S. nationality when he or she commits certain expatriating acts. That administrative presumption is in the process of being revised in 22 CFR Part 50, and includes when a U.S. citizen: (3) Serves in the armed services of a foreign state as a commissioned or noncommissioned officer of a foreign state, not engaged in hostilities against the United States (INA 349(a)(3))" https://fam.state.gov/fam/07fam/07fam1220.html#M1222 https://fam.state.gov/fam/07fam/07fam1220.html#M1222

jpatokal 8y ago

Not a lawyer (are you?), but I do maintain a keen interest in nationality law. Italics mine: "...the Department of State adopted the administrative presumption found in 22 CFR 50.40 that a U.S. citizen/noncitizen national intends to retain U.S. nationality when he or she commits certain expatriating acts. That administrative presumption is in the process of being revised in 22 CFR Part 50, and includes when a U.S. citizen serves as a commissioned or noncommissioned officer of a foreign state, not engaged in hostilities against the United States (INA 349(a)(3), 8 U.S.C. 1481(a)(3))." In other words, even if you serve as a officer or NCO of a foreign country, the Department of State will not consider this an expatriating act causing loss of citizenship, unless that country is at war with the US. See also 7 FAM 1222 for more details of the "administrative presumption" in question: "...in 1990 the Department adopted the administrative presumption found in 22 CFR 50.40 that a U.S. citizen/noncitizen national intends to retain U.S. nationality when he or she commits certain expatriating acts. That administrative presumption is in the process of being revised in 22 CFR Part 50, and includes when a U.S. citizen: (3) Serves in the armed services of a foreign state as a commissioned or noncommissioned officer of a foreign state, not engaged in hostilities against the United States (INA 349(a)(3))" https://fam.state.gov/fam/07fam/07fam1220.html#M1222 https://fam.state.gov/fam/07fam/07fam1220.html#M1222