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Not a lawyer (are you?), but I do maintain a keen interest in nationality law. Italics mine: "...the Department of State adopted the administrative presumptio
by 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