Advice About Possible Loss of U.S. Citizenship and Seeking Public Office in a Foreign State
Employment, while over the age of 18, with the government of a foreign country or a political subdivision thereof is a potentially expatriating act pursuant to Section 349(a)(4) of the Immigration and Nationality Act if you are a citizen of that foreign country or if you take an oath of allegiance to that country in connection to such employment. Such employment, however, will result in one's expatriation if done voluntarily 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 U.S. citizenship when they obtain naturalization in a foreign state, subscribe to routine declarations of allegiance to a foreign state, serve in the military forces of a foreign state not engaged in hostilities against the United States, or accept non-policy level employment with a foreign government. This administrative premise is not applicable when an individual fills a policy-level position with a foreign government. In such cases, the Department of State will carefully ascertain the individual's intent toward U.S. citizenship.
Because the Department's administrative practice presumes that U.S. citizens employed in non-policy level positions in a foreign government do not have the requisite intent to relinquish U.S. citizenship, there are no efforts to seek out or adjudicate the citizenship of citizens who fall into this category of employment. On the other hand, because there is no administrative presumption that U.S. citizens who hold policy-level positions in foreign governments necessarily intend to retain their U.S. citizenship, efforts are made to fully adjudicate such cases to determine the individual's intent.
In some cases, it would appear that holding a foreign office may be incompatible with maintaining U.S. citizenship (e.g. if the position necessarily entails absolute immunity from U.S. law and the powers of the office are exercised in a manner contrary to United States law), although even this situation would be examined on a case-by-case basis. The Department does not normally consider foreign government service alone as sufficient to sustain the burden of showing loss of U.S. citizenship by a preponderance of the evidence when the individual has explicitly expressed a contrary intent. This is particularly true when the individual continues to file U.S. tax returns, enters and leaves the U.S. on a U.S. passport (as required by law), maintains close ties in the U.S. (such as maintaining a residence in the U.S.), and takes other actions consistent with an intent to retain U.S. citizenship. Conversely, a person who publicly denied an intent to relinquish citizenship, and/or who exercised the authorities of a very high-level foreign office in a manner flagrantly violative of United States law/policy or otherwise inconsistent with allegiance to the United States, stopped paying his/her taxes, traveled to the United States on a foreign passport, and abandoned any residence in the United States might be found to have intended to relinquish U.S. citizenship notwithstanding certain statements to the contrary. Therefore, the Department will consider statements, as well as inferences drawn from the person's conduct, in determining one's intent to remain a U.S. citizen. Intent is determined on a case-by-case basis in light of the facts and circumstances of each individual's case. If expressed intent and conduct are consistent with a lack of intent to relinquish U.S. citizenship, the Department would generally conclude that no loss has occurred.
For further information about possible loss of U.S. citizenship and seeking public office in a foreign state, please contact:
Express Mail:
Director
Office of Legal Affairs (CA/OCS/L)
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
Regular Mail
Director
Office of Legal Affairs (CA/OCS/L)
Overseas Citizens Services
Bureau of Consular Affairs
U.S. Department of State
SA-29, 4th Floor
Washington, D.C. 20520
01/01/2013
