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Old February 18th 10, 12:31 AM posted to rec.games.chess.politics
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First recorded activity by ChessBanter: Jun 2009
Posts: 406
Default note to Eric Holder and Hillary Clinton

I intend to keep my US Citizenship. I have a TEXAS homestead.
Therefore, under your rules, I am a US Citizen. I will cite the 1991
Supreme Court case when I find it, but here is your own wording. Your
union is out of control

Marcus Roberts
Ambassador of St Kitts and Nevis
U.S. Citizen by birth

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Advice about Possible Loss of U.S. Citizenship and Dual Nationality


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.

POTENTIALLY EXPATRIATING ACTS

Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as
amended, states that U.S. citizens are subject to loss of citizenship
if they perform certain specified acts voluntarily and with the
intention to relinquish U.S. citizenship. Briefly stated, these acts
include:

1.obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
2.taking an oath, affirmation or other formal declaration to a foreign
state or its political subdivisions (Sec. 349 (a) (2) INA);
3.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);
4.accepting employment with a foreign government if (a) one has the
nationality of that foreign state or (b) an oath or declaration of
allegiance is required in accepting the position (Sec. 349 (a) (4)
INA);
5.formally renouncing U.S. citizenship before a U.S. diplomatic or
consular officer outside the United States (sec. 349 (a) (5) INA);
6.formally renouncing U.S. citizenship within the U.S. (but only under
strict, narrow statutory conditions) (Sec. 349 (a) (6) INA);
7.conviction for an act of treason (Sec. 349 (a) (7) INA).
ADMINISTRATIVE STANDARD OF EVIDENCE

As already noted, 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 a declaration of
allegiance to a foreign state, serve in the armed forces of a foreign
state not engaged in hostilities with the United States, or accept non-
policy level employment with a foreign government.

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;
2.takes a routine oath of allegiance to a foreign state;
3.serves in the armed forces of a foreign state not engaged in
hostilities with the United States, or
4.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, as the result of an individual's inquiry or an individual's
application for registration or a passport it comes to the attention
of a U.S. consular officer that a U.S. citizen has performed an act
made potentially expatriating by Sections 349(a)(1), 349(a)(2), 349(a)
(3) or 349(a)(4) as described above, the consular officer will simply
ask the applicant if there was intent to relinquish U.S. citizenship
when performing the act. If the answer is no, 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.

PERSONS WHO WISH TO RELINQUISH U.S. CITIZENSHIP

If the answer to the question regarding intent to relinquish
citizenship is yes , the person concerned will be asked to complete a
questionnaire to ascertain his or her intent toward U.S. citizenship.
When the questionnaire is completed and the voluntary relinquishment
statement is signed by the expatriate, the consular officer will
proceed to prepare a certificate of loss of nationality. The
certificate will be forwarded to the Department of State for
consideration and, if appropriate, approval.

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. Of course, a
person always has the option of seeking to formally renounce U.S.
citizenship abroad in accordance with Section 349 (a) (5) INA.

DISPOSITION OF CASES WHEN 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;
2.serves in the armed forces of a foreign state engaged in hostilities
with the United States;
3.takes a policy level position in a foreign state;
4.is convicted of treason; or
5.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, 4 and 5 will be developed carefully by U.S.
consular officers to ascertain the individual's intent toward U.S.
citizenship.

APPLICABILITY OF ADMINISTRATIVE PREMISE TO PAST CASES

The premise established by the administrative standard of evidence is
applicable to cases adjudicated previously. Persons who previously
lost U.S. citizenship may wish to have their cases reconsidered in
light of this policy.

A person may initiate such a reconsideration by submitting a request
to the nearest U.S. consular office or by writing directly to:

Express Mail:
Director
Office of Policy Review and Inter-Agency Liaison (CA/OCS/PRI)
Overseas Citizens Services
Bureau of Consular Affairs
U.S. Department of State
4th Floor
2100 Pennsylvania Avenue, N.W.
Washington, D.C. 20037
Phone: 202-736-9110
Fax: 202-736-9111
Email:

Regular Mail
Director
Office of Policy Review and Inter-Agency Liaison (CA/OCS/PRI)
Overseas Citizens Services
Bureau of Consular Affairs
U.S. Department of State
SA-29, 4th Floor
Washington, D.C. 20520

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.

LOSS OF NATIONALITY AND TAXATION

P.L. 104-191 contains changes in the taxation of U.S. citizens who
renounce or otherwise lose U.S. citizenship. In general, any person
who lost U.S. citizenship within 10 years immediately preceding the
close of the taxable year, whose principle purpose in losing
citizenship was to avoid taxation, will be subject to continued
taxation.
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Old February 18th 10, 12:33 AM posted to rec.games.chess.politics
external usenet poster
 
First recorded activity by ChessBanter: Jun 2009
Posts: 406
Default note to Eric Holder and Hillary Clinton

On Feb 17, 5:31*pm, NONE wrote:
I intend to keep my US Citizenship. I have a TEXAS homestead.
Therefore, under your rules, I am a US Citizen. I will cite the 1991
Supreme Court case when I find it, but here is your own wording. Your
union is out of control

Marcus Roberts
Ambassador of St Kitts and Nevis
U.S. Citizen by birth

*Printer friendly version * *Email
Advice about Possible Loss of U.S. Citizenship and Dual Nationality

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.

POTENTIALLY EXPATRIATING ACTS

Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as
amended, states that U.S. citizens are subject to loss of citizenship
if they perform certain specified acts voluntarily and with the
intention to relinquish U.S. citizenship. Briefly stated, these acts
include:

1.obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
2.taking an oath, affirmation or other formal declaration to a foreign
state or its political subdivisions (Sec. 349 (a) (2) INA);
3.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);
4.accepting employment with a foreign government if (a) one has the
nationality of that foreign state or (b) an oath or declaration of
allegiance is required in accepting the position (Sec. 349 (a) (4)
INA);
5.formally renouncing U.S. citizenship before a U.S. diplomatic or
consular officer outside the United States (sec. 349 (a) (5) INA);
6.formally renouncing U.S. citizenship within the U.S. (but only under
strict, narrow statutory conditions) (Sec. 349 (a) (6) INA);
7.conviction for an act of treason (Sec. 349 (a) (7) INA).
ADMINISTRATIVE STANDARD OF EVIDENCE

As already noted, 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 a declaration of
allegiance to a foreign state, serve in the armed forces of a foreign
state not engaged in hostilities with the United States, or accept non-
policy level employment with a foreign government.

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;
2.takes a routine oath of allegiance to a foreign state;
3.serves in the armed forces of a foreign state not engaged in
hostilities with the United States, or
4.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, as the result of an individual's inquiry or an individual's
application for registration or a passport it comes to the attention
of a U.S. consular officer that a U.S. citizen has performed an act
made potentially expatriating by Sections 349(a)(1), 349(a)(2), 349(a)
(3) or 349(a)(4) as described above, the consular officer will simply
ask the applicant if there was intent to relinquish U.S. citizenship
when performing the act. If the answer is no, 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.

PERSONS WHO WISH TO RELINQUISH U.S. CITIZENSHIP

If the answer to the question regarding intent to relinquish
citizenship is yes , the person concerned will be asked to complete a
questionnaire to ascertain his or her intent toward U.S. citizenship.
When the questionnaire is completed and the voluntary relinquishment
statement is signed by the expatriate, the consular officer will
proceed to prepare a certificate of loss of nationality. The
certificate will be forwarded to the Department of State for
consideration and, if appropriate, approval.

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. Of course, a
person always has the option of seeking to formally renounce U.S.
citizenship abroad in accordance with Section 349 (a) (5) INA.

DISPOSITION OF CASES WHEN 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;
2.serves in the armed forces of a foreign state engaged in hostilities
with the United States;
3.takes a policy level position in a foreign state;
4.is convicted of treason; or
5.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, 4 and 5 will be developed carefully by U.S.
consular officers to ascertain the individual's intent toward U.S.
citizenship.

APPLICABILITY OF ADMINISTRATIVE PREMISE TO PAST CASES

The premise established by the administrative standard of evidence is
applicable to cases adjudicated previously. Persons who previously
lost U.S. citizenship may wish to have their cases reconsidered in
light of this policy.

A person may initiate such a reconsideration by submitting a request
to the nearest U.S. consular office or by writing directly to:

Express Mail:
Director
Office of Policy Review and Inter-Agency Liaison (CA/OCS/PRI)
Overseas Citizens Services
Bureau of Consular Affairs
U.S. Department of State
4th Floor
2100 Pennsylvania Avenue, N.W.
Washington, D.C. 20037
Phone: *202-736-9110
Fax: *202-736-9111
Email:

Regular Mail
Director
Office of Policy Review and Inter-Agency Liaison (CA/OCS/PRI)
Overseas Citizens Services
Bureau of Consular Affairs
U.S. Department of State
SA-29, 4th Floor
Washington, D.C. 20520

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.

LOSS OF NATIONALITY AND TAXATION

P.L. 104-191 contains changes in the taxation of U.S. citizens who
renounce or otherwise lose U.S. citizenship. In general, any person
who lost U.S. citizenship within 10 years immediately preceding the
close of the taxable year, whose principle purpose in losing
citizenship was to avoid taxation, will be subject to continued
taxation.


Ambassador is non foreign policy level. Also, in the USA, you can't
lose your citizenship
for diploamtic acts. The 1991 Supreme Court cases BARS loss of
nationality in the united states of
america for diplomatic acts.

Marcus Roberts
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