State Department Makes New Rule on Expatriation of Naturalized Citizens

A new ruling in connection with the many cases of naturalized citizens who went abroad and were presumed to have expatriated themselves was made by the State Department, the Hebrew Sheltering and Immigrant Aid Society of America has been informed.

The law provides that when any naturalized citizen shall have resided for two years in the foreign state from which he came, or for five years in any other foreign state, it shall be presumed that he has ceased to be an American citizen. This presumption can be overcome by certain proof of the purpose of his residence abroad, inability to return because of unforeseen and controlling circumstances.

Heretofore, the Department of State would not issue an American passport to such naturalized citizens desiring to return to the United States for permanent residence here unless they could show facts overcoming such presumption of expatriation.

By the recent ruling of the Department of State, however, the presumption of expatriation is overcome by the fact that the naturalized citizen “has made definite arrangements to return immediately to the United States permanently to reside.” Nothing more need be shown in order to secure an American passport in order to be able to return to this country. The only requisite is that the applicant must produce evidence of good faith of his desire to reside permanently in America, namely in the following manner: If married, his wife and minor children residing abroad, if also American citizens, must return with him; if the wife and minor children are immigrants still residing abroad, he must show that he is making arrangements to obtain visas for them so that they can come to the United States either in the immediate or near future for permanent residence. His inability to defray the expenses incidental to the transportation of the members of his family, will not of itself be considered as sufficient reason for not bringing his family to the United States. This ruling also applies to an American woman who was either born in this country or is an American citizen by naturalization.

The ruling, however, does not apply to an American citizen who has taken the oath of allegiance to a foreign country after naturalization. In that case there is no presumption of expatriation for the act of expatriation has actually taken place. The ruling will also not apply in cases where the courts have cancelled naturalization certificates.

The new ruling is of great importance to naturalized citizens who have become subject to the presumption of expatriation and to American women who have been married to aliens after September 22, 1922 and who have become subject to the presumption of expatriation because of prolonged residence abroad.