legal – immigration content 3/9/21

H2B Continued

The agency that oversees the work visa program says it has received enough applications to reach the congressionally mandated H-2B cap for the second six months of fiscal year 2006 (FY 2007).

Congress set a limit of 66,000 H-2B workers for the FY 2006. The H-2B visa program allows U.S. employers to request foreign workers to fill a one-time, peak load, intermittent, or seasonal need for labor when no workers are available in the local job force.

U.S. Citizenship and Immigration Services says that March 16, 2007 was the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to April 1, 2007. The agency will apply a computer-generated random selection process to all petitions which are subject to the cap and were received on March 16, 2007. The process will select the number of petitions needed to meet the cap. USCIS will reject all cap-subject petitions not randomly selected. USCIS will also reject petitions for new H-2B workers

Small Business, a coalition of business owners relying upon seasonal immigrant labor to serve their customers is is lobbying lawmakers to “recapture” H-2B visas that were unused during the period of 1991 to 2004. The total of unused H-2B visas is approximately 500,000 (this is the difference between the 66,000 H-2B visas authorized each year and the number of H-2B visas actually
“Returning workers” are exempt from H-2B cap limitations. In order to qualify, the worker must have counted against the H-2B numerical cap between October 1, 2002 and September 30, 2005. Any worker not certified as a “returning worker” is subject to the numerical limitations for the relevant fiscal year. Petitions received after the “final receipt date” which contain a combination of “returning workers” and workers subject to the H-2B cap will not be rejected, and petitioning employers will receive partial approvals for those aliens who qualify as “returning workers” if otherwise approvable

The program was started in 1990. Last year was the first year the worker cap was reached, which happened in March, just five months into the federal government’s fiscal year. This year the cap was reached in January. Once the cap is reached, no more H-2B workers can come into the country through the federal fiscal year, which ends Sept. 30.

Because a company cannot apply for workers more than 120 days before they are needed, some businesses, specifically those that need workers later in the fiscal year, were locked out.

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The 100 Citizenship Test Questions

CITIZENSHIP TEST QUESTIONS & ANSWERS

For those interested in seeing what type of questions are asked on the citizenship exam, below are 100 typical questions (and not quite 100 answers):

Please click here to print this page.

Note that only 10 questions are usually asked.

1. Q: What are the colors of our flag?

A: Red, White, and Blue;

2. Q: How many stars are there in our flag?

A: Fifty (50);

3. Q: What color are the stars on our flag?

A: White;

4. Q: What do the stars on the flag signify?

A: There is one for each state in the United States;

5. Q: How many stripes are there on the flag?

A: Thirteen (13);

6. Q: What color are the stripes on the flag?

A: Red and White;

7. Q: What do the stripes on the flag signify?

A: They represent the original 13 states;

8. Q: How many states are there in the U.S.?

A: Fifty (50);

9. Q: What is the 4th of July?

A: Independence Day;

10. Q: What is the date of Independence Day?

A: July 4th;

11. Q: From what country did the U.S. win independence?

A: England;

12. Q: What country did we fight during the revolutionary War?

A: England;

13. Q: Who was the first President of the United States?

A: George Washington;

14. Q: Who is the president of the United States today?

A: Bill Clinton;

15. Q: Who is the vice president of the United States today?

A: Albert Gore;

16. Q: Who elects the president of the United States?

A: The electoral college;

17. Q: Who becomes the president of the U.S. if the president should die?

A: The vice president;

18. Q: For how long do we elect the president?

A: Four years;

19. Q: What is the Constitution?

A: The supreme law of the land;

20. Q: Can the Constitution be changed?

A: Yes, by amendment;

21. Q: What do we call a change to the Constitution?

A: Amendment;

22. Q: How many changes or amendments are there to the Constitution?

A: Twenty seven (27);

23. Q: How many branches are there in the U.S. government?

A: Three (3);

24. Q: What are the three branches of the U.S. government?

A: Legislative, executive, and judicial;

25. Q: What is the legislative branch of our government?

A: Congress;

26. Q: Who makes the laws in the United States?

A: Congress;

27. Q: What are the two houses of Congress?

A: The Senate and the House of Representatives;

28. Q: What are the duties of Congress?

A: To make laws;

29. Q: Who elects Congress?

A: The people;

30. Q: How many senators are there in the U.S. Congress?

A: One hundred (100);

31. Q: Name the two U.S. senators from your state.

A: (It’s time for a little research on your part!)

32. Q: For how long do we elect each senator?

A: Each term is 6 years;

33. Q: How many voting representatives are there in Congress?

A: Four hundred and thirty five (435);

34. Q: For how long do we elect the representatives?

A: Two years;

35. Q: What is the executive branch of the U.S. government?

A: The president, cabinet, and the departments under the cabinet members;

36. Q: What is the judicial branch of the U.S. government?

A: The Supreme Court;

37. Q: What are the duties of the Supreme Court;

A: To interpret laws;

38. Q: What is the supreme law of the United States?

A: The Constitution;

39. Q: What is the Bill of Rights?

A: The first 10 amendments of the Constitution;

40. Q: What is the capital of your state?

A: (It depends on which state you live in.)

41. Q: Who is the current Governor of your state?

A: (Ditto)

42. Q: If both the president and the vice president die, who becomes president?

A: The Speaker of the House of Representatives;

43. Q: Who is the current chief of justice of the Supreme Court?

A: William Rehnquist;

44. Q: Name the thirteen original states.

A: Connecticut, New Hampshire, New York, New Jersey, Massachusetts, Pennsylvania, Delaware, Virginia, North Carolina, South Carolina, Georgia, Rhode Island, and Maryland;

45. Q: Who said “give me liberty or give me death”?

A: Patrick Henry;

46. Q: Which countries were our enemies during WWII?

A: Germany, Italy, and Japan;

47. Q: What were the 49th and 50th states admitted to the U.S.?

A: Hawaii and Alaska;

48. Q: How many terms can a president serve?

A: Two;

49. Q: Who was Martin Luther King, Jr.?

A: A famous civil rights leader;

50. Q: Who is the head of your local government?

A: (It depends on where you live.)

51. Q: According to the Constitution, a person must meet certain requirements in order to be eligible to become president. Name one of these requirements.

A: Must be a native born citizen of the United States. Must be at least 35 years old by the time he/she will serve. Must have lived in the United States for at least 14 years.

52. Q: Why are there 100 senators in the Senate?

A: There are two from each state;

53. Q: Who nominates the Supreme Court justices?

A: They are appointed by the president;

54. Q: How many Supreme Court justices are there?

A: Nine (9);

55. Q: Why did the Pilgrims come to America?

A: For religious freedom;

56. Q: What is the head executive of a state government called?

A: Governor;

57. Q: What is the head executive of a city government called?

A: Mayor;

58. Q: What holiday was started by the American Colonists?

A: Thanksgiving;

59. Q: Who was the main writer of the Declaration of Independence?

A: Thomas Jefferson;

60. Q: When was the declaration of Independence adopted?

A: July 4, 1776;

61. Q: What is the basic belief of the Declaration of Independence?

A: That all men are created equal;

62. Q: What is the national anthem of the United States?

A: The Star-Spangled Banner;

63. Q: Who wrote the Star-Spangled Banner?

A. Francis Scott Key;

64. Q: Where does the freedom of speech come from?

A: The Bill of Rights;

65. Q: What is the minimum voting age in the United States?

A: Eighteen (18);

66. Q: Who signs bills into law?

A: The President;

67. Q: What is the highest court in the United States?

A: The Supreme Court;

68. Q: Who was the president during the Civil War?

A: Abraham Lincoln;

69. Q: What did the Emancipation Proclamation do?

A: It freed the slaves;

70. Q: What special group advises the president?

A: The cabinet;

71. Q: Which president is called the “Father of our Country”?

A: George Washington;

72. Q: What INS form is used to apply to become a naturalized citizen?

A: Form N-400;

73. Q: Who helped the Pilgrims in America?

A: Native American Indians;

74. Q: The first Pilgrims sailed to America in what ship?

A: The Mayflower;

75. Q: What were the 13 original states of the United States called?

A: The colonies;

76. Q: Name three rights or freedoms guaranteed by the Bill of Rights.

A: Freedom of speech, freedom of the press, and freedom of religion;

77. Q: Who has the power to declare war?

A: The Congress;

78. Q: Name an amendment which guarantees or addresses voting rights.

A: The 15th, 19th, 24th, and 26th Amendments;

79. Q: Which president freed the slaves?

A: Abraham Lincoln;

80. Q: In what year was the Constitution written?

A: 1787;

81. Q: What are the first 10 amendments to the constitution?

A: The Bill of Rights;

82. Q: Name one purpose of the United Nations.

A: To try to resolve world problems;

83. Q: Where does Congress meet?

A: In the Capitol in Washington, D.C.;

84. Q: Whose rights are guaranteed by the Constitution and the Bill of Rights?

A: Everyone living in the U.S. (Citizens and non-citizens);

85. Q: What is the introduction to the Constitution called?

A: The Preamble;

86. Q: Name one benefit of being a citizen of the United States.

A: Obtain federal government jobs; travel with a U.S. passport; petition for close relatives to come to the U.S. to live;

87. Q: What is the most important right granted to U.S. citizens?

A: The right to vote;

88. Q: What is the United States Capitol?

A: The place where Congress meets;

89. Q: What is the White House?

A: The President’s official home;

90. Q: Where is the White House located?

A: Washington, D.C.;

91. Q: What is the name of the president’s official home?

A: The White House;

92. Q: Name one right guaranteed by the first amendment.

A: Freedom of speech, press, religion, peaceable assembly, and requesting change of the government;

93. Q: Who is the commander in chief of the United States?

A: The President;

94. Q: Who was the first commander in chief of the U.S. Military?

A: George Washington;

95. Q: In what month do we vote for the president?

A: November;

96. Q: In what month is the new president inaugurated?

A: January;

97. Q: How many times may a congressman be re-elected?

A: There are no term limits;

98. Q: How many times may a senator be re-elected?

A: There are no term limits;

99. Q: What are the two major political parties in the United States?

A: Republican and Democrat;

100.Q: How many states are there in the United States?

A: Fifty (50).
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Our Mission

Our mission, simply put is to assist the many thousands of people who are eligible to become U.S. citizens, to do so. Citizenship is a very special legal status. Only through U.S. Citizenship can “your voice be heard.” And only when it is heard can there be changes in the law beneficial to the growing immigrant communities is made. We hope that everyone qualified to become a citizen does so. To this end, we are providing this kit to anyone interested in becoming a U.S. Citizen. There is no charge for this kit and you may make as many copies as you wish as long as credit is given to eCitizenship.US and its proprietors. You may also provide it on your Web site, so long as there is a link to eCitizenship.US.
THE CITIZENSHIP KIT

This form package includes an easy step-by-step guide to prepare and file your own Naturalization Application, the required Immigration forms, instructions, eligibility requirements, procedures, FAQ’s, completed sample application(s), and everything you need.

The following statement underpins the concept of eLawChannel.com’s dedication to supporting the individuals’ right to self-representation by designing self-help do-it-yourself kits for many areas of the law.

“Pro se’ representation (representing yourself) is firmly embedded in American jurisprudence yet, for a layperson, this conceptual right is but a meaningless truism without the corresponding abilities to see through a legal maze and use the complicated procedural mechanisms necessary to vindicate that right. “ Moses Apsan, Esq., Assisting the Pro Se Litigant: Unauthorized Practice of Law or the Fulfillment of a Public Need, 3 NYLRev XXVIII (1983).

Many legal proceedings do not require the assistance of anyone, not even a lawyer. The right to self-representation is universally accepted and has been protected by law since the creation of the American government. The Judiciary Act of 1789, enacted by the first Congress and signed by President Washington the day before the sixth amendment specifically provided that “in all the courts of United States, the parties may plead and manage their own causes personally.…” The United States Courts of Appeals have repeatedly held that the right of self-representation is protected by the Bill of Rights. Similarly, the individual states, with few exceptions, accord an individual the right of self-representation, explicitly conferring that right in their state constitutions and corresponding statutes. Many state courts, in accord with federal courts, have opined that the right is supported by the United States Constitution. The American Bar Association [ABA], in its Code of Professional Ethics, recognizes that “anyone who does not wish to avail himself of [legal] representation is not required to do so.” With this in mind, this Do it Yourself Law Kit has been designed.

This kit is not intended to replace a lawyer who is the only person qualified to analyze your individual facts and give a legal opinion. Although every effort is made to have this kit up to date, immigration laws and corresponding laws, rules and regulations are constantly changing. ELawChannel.com and Moses Apsan, Esq. are not responsible for any changes in law, rules or procedure of any agency that could affect the outcome of an application.
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The Child Citizenship Act of 2000

What is this law all about?
On October 30, 2000, President Clinton signed into law H.R. 2883, the Child Citizenship Act of 2000. The new law, Public Law 106-395, amends the Immigration and Nationality Act (INA) to permit foreign-born children—including adopted children —to acquire citizenship automatically if they meet certain requirements. It became effective on February 27, 2001.

FAQ’s
Which Children Automatically Become Citizens Under the New Law?

Beginning February 27, 2001, certain foreign-born children—including adopted children—currently residing permanently in the United States will acquire citizenship automatically. The term “child” is defined differently under immigration law for purposes of naturalization than for other immigration purposes, including adoption. To be eligible, a child must meet the definition of “child” for naturalization purposes under immigration law and must also meet the following requirements:

The child has at least one United States citizen parent (by birth or naturalization);
The child is under 18 years of age;
The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent;
The child is a lawful permanent resident;
An adopted child meets the requirements applicable to adopted children under immigration law
Acquiring citizenship automatically means citizenship acquired by law without the need to apply for citizenship. A child who is currently under the age of 18 and has already met all of the above requirements will acquire citizenship automatically on February 27, 2001. Otherwise, a child will acquire citizenship automatically on the date the child meets all of the above requirements.

Is the Law Retroactive? Is Automatic Citizenship Provided for Those Who Are 18 Years of Age or Older?

No. The new law is not retroactive. Individuals who are 18 years of age or older on February 27, 2001, do not qualify for citizenship under Public Law 106-395, even if they meet all other criteria. If they choose to become U.S. citizens, they must apply for naturalization and meet eligibility requirements that currently exist for adult lawful permanent residents.

Will Eligible Children Automatically Receive Proof of Citizenship—Such As Citizenship Certificates and Passports?

No. Proof of citizenship will not be automatically issued to eligible children. However, if proof of citizenship is desired, beginning February 27, 2001, parents of children who meet the conditions of the new law may apply for a certificate of citizenship for their child with INS and/or for a passport for their child with the Department of State.

What Will INS Do With Currently Pending Applications for Certificates of Citizenship?

For pending applications filed to recognize citizenship status already acquired, INS will continue to adjudicate such applications under the relevant law applicable to the case. For applications that required INS approval before an individual could be deemed a U.S. citizen, INS will adjudicate those cases under current law until February 27, 2001. On February 27, 2001, INS will adjudicate those cases under the new law and for applicants who automatically acquire citizenship as of the effective date, INS will issue certificates of reflecting the person’s citizenship as of that date.

Is Automatic Citizenship Provided for Children (Including Adopted Children) Born and Residing Outside the United States?

No. In order for a child born and residing outside the United States to acquire citizenship, the United States citizen parent must apply for naturalization on behalf of the child. The naturalization process for such a child cannot take place overseas. The child will need to be in the United States temporarily to complete naturalization processing and take the oath of allegiance.

To be eligible, a child must meet the definition of “child” for naturalization purposes under immigration law, and must also meet the following requirements:

The child has at least one U.S. citizen parent (by birth or naturalization);
The U.S. citizen parent has been physically present in the United States for at least five years, at least two of which were after the age of 14—or the United States citizen parent has a citizen parent who has been physically present in the United States for at least five years, at least two of which were after the age of 14;
The child is under 18 years of age;
The child is residing outside the United States in the legal and physical custody of the United States citizen parent;
The child is temporarily present in the United States—having entered the United States lawfully and maintaining lawful status in the United States;
An adopted child meets the requirements applicable to adopted children under immigration law;
If the naturalization application is approved, the child must take the same oath of allegiance administered to adult naturalization applicants. If the child is too young to understand the oath, INS may waive the oath requirement
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U.S. Policy on Dual Nationality

Dual Citizenship Explained

The Department of State is responsible for determining the citizenship status of a person located outside the United States or in connection with the application for a U.S. passport while in the United States. The following information explains dual nationality and U.S. citizenship, including circumstances where U.S. citizenship may be lost.
What is dual nationality?
Dual nationality is the simultaneous possession of two citizenships. The Supreme Court of the United States has stated that dual nationality is “a status long recognized in the law” and that “a person may have and exercise rights of nationality in two countries and be subject to the responsibilities of both. The mere fact that he asserts the rights of one citizenship does not without more mean that he renounces the other”, Kawakita v. U.S., 343 U.S. 717 (1952). (The Consulate General does not have Supreme Court cases on file; interested parties may wish to consult with local law school libraries.) The concepts discussed in this leaflet apply also to persons who have more than two nationalities.

How acquired?
Dual nationality results from the fact that there is no uniform rule of international law relating to the acquisition of nationality. Each country has its own laws on the subject, and its nationality is conferred upon individuals on the basis of its own independent domestic policy. Individuals may have dual nationality not by choice but by automatic operation of these different and sometimes conflicting laws.

The laws of the United States, no less than those of other countries, contribute to the situation because they provide for acquisition of U.S. citizenship by birth in the United States and also by birth abroad to an American, regardless of the other nationalities which a person might acquire at birth. For example, a child born abroad to U.S. citizens may acquire at birth not only American citizenship but also the nationality of the country in which it was born. Similarly, a child born in the United States to foreigners may acquire at birth both U.S. citizenship and a foreign nationality.

The laws of some countries provide for automatic acquisition of citizenship after birth — for example, by marriage. In addition, some countries do not recognize naturalization in a foreign state as grounds for loss of citizenship. A person from one of those countries who is naturalized in the United States keeps the nationality of the country of origin despite the fact that one of the requirements for U.S. naturalization is a renunciation of other nationalities.

Current law and policy
The current nationality laws of the United States do not specifically refer to dual nationality. The automatic acquisition or retention of a foreign nationality does not affect U.S. citizenship; however, under limited circumstances, the acquisition of a foreign nationality upon one’s own application or the application of a duly authorized agent may cause loss of U.S. citizenship under Section 349 (a)(1) of the Immigration and Nationality Act [8 U.S.C. 1481 (a)(1)].

In order for a loss of nationality to occur under Section 349 (a)(1), it must be established that the naturalization was obtained voluntarily by a person eighteen years of age or older with the intention of relinquishing U.S. citizenship. Such an intention may be shown by the person’s statements or conduct, Vance v. Terrazas, 444 U.S. 252 (1980), but as discussed below in most cases it is assumed that Americans who are naturalized in other countries intend to keep their U.S. citizenship. As a result, they have both nationalities.

United States law does not contain any provisions requiring U.S. citizens who are born with dual nationality to choose one nationality or the other when they become adults, Mandoli v. Acheson, 344 U.S. 133 (1952).

While recognizing the existence of dual nationality and permitting Americans to have other nationalities, the U.S. Government does not endorse dual nationality as a matter of policy because of the problems which it may cause. Claims of other countries upon dual-national U.S. citizens often place them in situations where their obligations to one country are in conflict with the laws of the other. In addition, their dual nationality may hamper efforts to provide diplomatic and consular protection to them when they are abroad.

Allegiance to which country
It generally is considered that while dual nationals are in the country of which they are citizens that country has a predominant claim on them.

As with Americans who possess only U.S. citizenship, dual national U.S. citizens owe allegiance to the United States and are obliged to obey its laws and regulations. Such persons usually have certain obligations to the other country as well. Although failure to fulfill such obligations may have no adverse effect on dual nationals while in the United States because the other country would have few means to force compliance, under those circumstances, dual nationals might be forced to comply with those obligations or pay a penalty if they go to the country of their other citizenship. In cases where dual nationals encounter difficulty in a foreign country of which they are citizens, the ability of U.S. Foreign Service posts to provide assistance may be quite limited since many foreign countries may not recognize a dual national’s claim to U.S. citizenship.

Which passport to use?
Section 215 of the Immigration and Nationality Act (8 U.S.C. 1185) requires U.S. citizens to use U.S. passports when entering or leaving the United States unless one of the exceptions listed in Section 53.2 of Title 22 of the Code of Federal Regulations applies. (One of these exceptions permits a child under the age of 12, who is included in the foreign passport of a parent who has no claim to U.S. citizenship, to enter the United States without a U.S. passport, provided the child presents evidence of his/her U.S. citizenship when entering the United States.) Dual nationals may be required by the other country of which they are citizens to enter or leave that country using its passport, but do not endanger their U.S. citizenship by complying with such a requirement.

How to give up dual nationality?
Most countries have laws that specify how a citizen may lose or divest citizenship. Generally, persons who do not wish to maintain dual nationality may renounce the citizenship which they do not want. Information on renouncing a foreign nationality may be obtained from the foreign country’s Embassies and Consulates or from the appropriate governmental agency in that country.

Americans may renounce their U.S. citizenship abroad pursuant to Section 349 (a)(5) of the Immigration and Nationality Act [8 U.S.C. 1481 (a)(5)]. Information on renouncing U.S. citizenship may be obtained from U.S. Embassies and Consulates and the office of Citizens Consular Services, Department of State, Washington, D.C. 20520.

Furthermore, an American citizen who is naturalized as a citizen of another country voluntarily and with intent to abandon his/her allegiance to the United States may so indicate their intent and thereby lose U.S. citizenship. See below for further information.

For further information on dual nationality, see Marjorie M. Whiteman’s Digest of International Law (Department of State Publication 8290, released September 1967), Volume 8, pages 64-84.

Potentially expatriating statutes
Section 349 of the Immigration and Nationality Act, as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain acts voluntarily. Briefly stated, these acts include:

(a) obtaining naturalization in a foreign state (Sec. 349(a)(1), INA);
(b) taking an oath, affirmation or other formal declaration of allegiance to a foreign state or its political subdivisions (Sec. 349(a)(2), INA);
(c) entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349(a)(3), INA);
(d) accepting employment with a foreign government if:
(i) one has or acquires the nationality of that foreign state;
or (ii) a declaration of allegiance is required in accepting the position (Sec. 349(a)(4), INA);
(e) formally renouncing U.S. citizenship before a U.S. consular officer outside the United States (Sec. 349(a)(5), INA);
(f) formally renouncing U.S. citizenship within the U.S. (but only in time of war) (Sec. 349(a)(6), INA);
(g) a conviction for an act of treason (Sec. 349(a)(7), INA).

Administrative standard of evidence
The actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to routine declarations of allegiance to a foreign state, or accept non-policy level employment with a foreign government. (See note on policy-level employment, below.)

Disposition of cases when administrative premise is applicable
In light of the administrative premise discussed above, a person who:
(1) is naturalized in a foreign country;
or (2) takes a routine oath of allegiance;
or (3) accepts non-policy level employment with a foreign government
and in so doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed.

When such cases come to the attention of a U.S. consular officer, for example, the person concerned applies for a new passport, he/she is required to submit with the application a supplementary explanatory signed statement to ascertain his/her intent towards U.S. citizenship. Accordingly, the consular officer will certify that it was not the person’s intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship. Evidence of how and when the foreign nationality was acquired should be presented with the statement.

Disposition of cases when the administrative premise is inapplicable
The premise that a person intends to retain U.S. citizenship is not applicable when the individual:
(1) formally renounces U.S. citizenship before a consular officer;
or (2) takes a policy level position in a foreign state;
or (3) is convicted of treason;
or (4) performs an act made potentially expatriating by statute accompanied by conduct which is so inconsistent with retention of U.S. citizenship that it compels a conclusion that the individual intended to relinquish U.S. citizenship. (Such cases are very rare.)

Cases in categories 2, 3 and 4 will be developed carefully by U.S. consular officers to ascertain the individual’s intent towards U.S. citizenship.

What is policy-level employment?
As a general rule, policy level employment would include, but not be limited to, the following high government positions: head of state or government, member of a national legislature, top positions in executive agencies, and diplomatic representatives down to even relatively low positions.

Persons who wish to relinquish U.S. citizenship
An individual who has performed any of the acts made potentially expatriating by statute who wishes to lose U.S. citizenship may do so by affirming in writing to a U.S. consular officer that the act was performed with an intent to relinquish U.S. citizenship.

This can be done by signing a “Statement of Voluntary Relinquishment of U.S. Nationality” in the presence of a U.S. consular officer, or by submitting a signed statement executed before a Notary Public or a Court Magistrate. In any case, evidence of foreign citizenship (original copy) and U.S. citizenship must be presented to a U.S. consular officer as outlined above.

A person always has the option of seeking to formally renounce U.S. citizenship in accordance with Section 349(a)(5), INA. Please consult the U.S. Embassy or Consulate General in your consular district for details.

We strongly recommend that a person who wishes to sign the “Statement of Voluntary Relinquishment of U.S. Nationality” do so before a consular officer, to ensure that the statement is clear and unequivocal as to the person’s intent. With respect to renunciation, in every case the renunciation must be done in person before a consular officer.

Applicability of administrative premise to past cases
The premise established by the administrative standard of evidence is applicable to cases previously adjudicated by the Department. Persons who previously lost U.S. citizenship may wish to have their cases reconsidered in light of this policy. A person may initiate such reconsideration by submitting a request to the nearest U.S. consular office or by writing directly to:

Chief, East Asia and Pacific Division
Office of American Citizens Services
(CA/OCS/ACS/EAP), Room 4811
Department of State
Washington D.C. 20520-4818

Each case will be reviewed on its own merits taking into consideration, for example, statements made by the person at the time of the potentially expatriating act. (See “Review of Loss of U.S. Nationality”.)

Dual nationality
When a person is naturalized in a foreign state (or otherwise possesses another nationality) and is thereafter found not to have lost U.S. citizenship, the individual consequently may possess dual nationality. It is prudent, however, to check with authorities of the other country to see if dual nationality is permissible under local law. The United States does not favor dual nationality as a matter of policy, but does recognize its existence in individual cases.

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