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Surprise, mom! I'm fighting for the Taliban
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[QUOTE]Originally posted by Malnurtured Snay: [QB] [URL=http://www.webcom.com/richw/dualcit/law.html#14th]US law relating to dual citizenship[/URL] [QUOTE]The first sentence of the 14th Amendment to the Constitution -- often called the "citizenship clause" -- reads as follows: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The original intent of this provision was to guarantee citizenship to the former slaves and their descendants following the Civil War. However, the Supreme Court held in [URL=http://www.webcom.com/richw/dualcit/cases.html#Afroyim]Afroyim v. Rusk[/URL] (1967) and [URL=http://www.webcom.com/richw/dualcit/cases.html#Terrazas]Vance v. Terrazas[/URL] (1980) that the "citizenship clause" prevented Congress from revoking a person's US citizenship without evidence of his or her intent to give up said citizenship. "...although intent to give up citizenship had to be proved, Congress was free to establish the standard of proof. Specifically, it was OK for such intent to be established via a "preponderance of evidence" standard (as in a lawsuit). It was not constitutionally necessary for a loss-of-citizenship case to be treated like a criminal trial, requiring intent to be proved by "clear and convincing" evidence." [/QUOTE] The US did not allow dual citizenship (except in certain cases if you had US citizenship by birthplace), but a series of Supreme Court rulings in 1967. [QUOTE]The official [URL=http://www.webcom.com/richw/dualcit/policies.html#infodual]US State Department[/URL] policy on dual citizenship today is that the United States does not favor it as a matter of policy because of various problems they feel it may cause, but the existence of dual citizenship is recognized in individual cases. That is, if you ask them if you ought to become a dual citizen, they will recommend against doing it; but if you tell them you are a dual citizen, they'll usually say it's OK. [/QUOTE] But here's the real [URL=http://www.webcom.com/richw/dualcit/faq.html#forarmy]kicker.[/URL] [QUOTE][i]But doesn't serving in a foreign army result in automatic loss of US citizenship?[/i] No. As explained above, essentially nothing causes automatic loss of US citizenship any more. If you join a foreign army, you [b]can[/b] lose your US citizenship if you [b]acted with the intent of giving it up[/b]. Otherwise, you can still keep it. Current US law says that foreign military service [b]result[/b] in loss of US citizenship if the person served as an officer (commissioned or non-commissioned) or [b]the foreign military force is engaged in hostilities against the US; the service was voluntary; and (most importantly) the person [i]intended to give up his US citizenship.[/b][/i] Current US policy goes further. [i][b]Unless[/b][/i] a dual citizen is serving in a "policy level position" in a foreign government, [i]commits treason against the US (e.g., by fighting the US voluntarily during wartime),[/i] or acts in a manner considered totally inconsistent with any possible intent to keep US citizenship, the State Department is unlikely to take any action. Further, the current policy statement on foreign military service recognizes that dual citizens sometimes find themselves legally obligated to participate in the military forces of their other country of citizenship, and can do so in such situations without endangering their US status.[/QUOTE] [/QB][/QUOTE]
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