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§50.20 22 CFR Ch. I (4–1–03 Edition) considering that the denial was not may apply abroad to any diplomatic or justified. consular officer to take the oath of allegiance as prescribed by section 337 of [31 FR 14521, Nov. 11, 1966] the Immigration and Nationality Act. (2) The applicant shall submit docu- Subpart B—Retention and mentary evidence to establish her eli- Resumption of Nationality gibility to take the oath of allegiance. If the diplomatic or consular officer or §50.20 Retention of nationality. the Department determines, when the (a) Section 351(b) of the Immigration application is submitted to the Depart- and Nationality Act. (1) A person who ment, that the applicant is ineligible desires to claim U.S. nationality under for resumption of citizenship under sec- the provisions of section 351(b) of the tion 313 of the Immigration and Na- Immigration and Nationality Act tionality Act, the oath shall not be ad- must, within the time period specified ministered. in the statute, assert a claim to U.S. (c) Certification of repatriation. Upon nationality and subscribe to an oath of request and payment of the prescribed allegiance before a diplomatic or con- fee, a diplomatic or consular officer or sular officer. the Department shall issue a certified (2) In addition, the person shall sub- copy of the application and oath ad- mit to the Department a statement re- ministered to a woman repatriated citing the person’s identity and acqui- under this section. sition or derivation of U.S. nationality, (d) Section 324(d)(1) of the Immigration the facts pertaining to the performance and Nationality Act. (1) A former citizen of any act which would otherwise have of the United States who did not retain been expatriative, and his desire to re- U.S. citizenship by failure to fulfill tain his U.S. nationality. residency requirements as set out in [31 FR 13537, Oct. 20, 1966, as amended at 61 Section 201(g) of the 1940 Nationality FR 29652, 29653, June 12, 1996] Act or former 301(b) of the 1952 Immi- gration and Nationality Act, may re- §50.30 Resumption of nationality. gain his/her U.S. citizenship pursuant (a) Section 324(c) of the Immigration to Section 324(d) INA, by applying and Nationality Act. (1) A woman for- abroad at a diplomatic or consular merly a citizen of the United States at post, or in the U.S. at any Immigration birth who wishes to regain her citizen- and Naturalization Service office in ship under section 324(c) of the Immi- the form and manner prescribed by the gration and Nationality Act may apply Department of State and the Immigra- abroad to a diplomatic or consular offi- tion and Naturalization Service (INS). cer on the form prescribed by the De- (2) The applicant shall submit docu- partment to take the oath of allegiance mentary evidence to establish eligi- prescribed by section 337 of that Act. bility to take the oath of allegiance, (2) The applicant shall submit docu- which includes proof of birth abroad to mentary evidence to establish her eli- a U.S. citizen parent between May 24, gibility to take the oath of allegiance. 1934 and December 24, 1952. If the diplo- If the diplomatic or consular officer or matic, consular, INS, or passport offi- the Department determines, when the cer determines that the applicant is in- application is submitted to the Depart- eligible to regain citizenship under sec- ment for decision, that the applicant is tion 313 INA, the oath shall not be ad- ineligible for resumption of citizenship ministered. because of section 313 of the Immigra- tion and Nationality Act, the oath [31 FR 13537, Oct. 20, 1966, as amended at 61 shall not be administered. FR 29653, June 12, 1996] (b) The Act of June 25, 1936. (1) A woman who has been restored to citi- Subpart C—Loss of Nationality zenship by the Act of June 25, 1936, as amended by the Act of July 2, 1940, but §50.40 Certification of loss of U.S. nationality. who failed to take the oath of allegiance prior to December 24, 1952, as (a) Administrative presumption. In ad- prescribed by the nationality laws, judicating potentially expatriating 252 VerDate Jan<31>2003 10:42 Apr 16, 2003 Jkt 200072 PO 00000 Frm 00252 Fmt 8010 Sfmt 8010 Y:\SGML\200072T.XXX 200072T Department of State §50.51 acts pursuant to INA 349(a), the De- partment of Justice. The diplomatic or partment has adopted an administra- consular office in which the certificate tive presumption regarding certain was prepared shall then forward a copy acts and the intent to commit them. of the certificate to the person to U.S. citizens who naturalize in a for- whom it relates or his representative. eign country; take a routine oath of allegiance; or accept non-policy level em- [31 FR 13537, Oct. 20, 1996. Redesignated and ployment with a foreign government amended at 61 FR 29652, June 12, 1996; 63 FR need not submit evidence of intent to 20315, Apr. 24, 1998] retain U.S. nationality. In these three §50.50 Renunciation of nationality. classes of cases, intent to retain U.S. citizenship will be presumed. A person (a) A person desiring to renounce who affirmatively asserts to a consular U.S. nationality under section 349(a)(5) officer, after he or she has committed a of the Immigration and Nationality potentially expatriating act, that it Act shall appear before a diplomatic or was his or her intent to relinquish U.S. consular officer of the United States in citizenship will lose his or her U.S. the manner and form prescribed by the citizenship. In other loss of nationality Department. The renunciant must in- cases, the consular officer will ascer- clude on the form he signs a statement tain whether or not there is evidence of that he absolutely and entirely re- intent to relinquish U.S. nationality. nounces his U.S. nationality together (b) Whenever a person admits that he with all rights and privileges and all or she had the intent to relinquish citi- duties of allegiance and fidelity there- zenship by the voluntary and inten- tional performance of one of the acts unto pertaining. specified in Section 349(a) of the Immi- (b) The diplomatic or consular officer gration and Nationality Act, and the shall forward to the Department for ap- person consents to the execution of an proval the oath of renunciation to- affidavit to that effect, the diplomatic gether with a certificate of loss of na- or consular officer shall attach such af- tionality as provided by section 358 of fidavit to the certificate of loss of na- the Immigration and Nationality Act. tionality. If the officer’s report is approved by (c) Whenever a diplomatic or con- the Department, copies of the certifi- sular officer has reason to believe that cate shall be forwarded to the Immi- a person, while in a foreign country, gration and Naturalization Service, De- has lost his U.S. nationality under any partment of Justice, and to the person provision of chapter 3 of title III of the to whom it relates or his representa- Immigration and Nationality Act of tive. 1952, or under any provision of chapter IV of the Nationality Act of 1940, as [31 FR 13537, Oct. 20, 1966, as amended at 61 amended, he shall prepare a certificate FR 29653, June 12, 1996] of loss of nationality containing the facts upon which such belief is based §50.51 Notice of right to appeal. and shall forward the certificate to the When an approved certificate of loss Department. of nationality or certificate of expa- (d) If the diplomatic or consular offi- triation is forwarded to the person to cer determines that any document con- whom it relates or his or her represent- taining information relevant to the ative, such person or representative statements in the certificate of loss of shall be informed of the right to appeal nationality should not be attached to the Department’s determination to the the certificate, the person may summa- rize the pertinent information in the Board of Appellate Review (part 7 of appropriate section of the certificate this chapter) within one year after ap- and send the documents together with proval of the certificate of loss of na- the certificate to the Department. tionality or the certificate of expatria- (e) If the certificate of loss of nation- tion. ality is approved by the Department, a [44 FR 68827, Nov. 30, 1979. Redesignated at 61 copy shall be forwarded to the Immi- FR 29653, June 12, 1996] gration and Naturalization Service, De- 253 VerDate Jan<31>2003 10:42 Apr 16, 2003 Jkt 200072 PO 00000 Frm 00253 Fmt 8010 Sfmt 8010 Y:\SGML\200072T.XXX 200072T