File No. 1271.
[Untitled]
Department of State,
Washington, April 19,
1907.
To the diplomatic and consular
officers of the United States.
Gentlemen: Paragraph 144 of the Diplomatic
Instructions and Consular Regulations, as amended by executive order of
April 6, 1907, reads as follows:
144. Expatriation.—An American citizen
shall be deemed to have expatriated himself when he has been
naturalized in any foreign state in conformity with its laws, or
when he has taken an oath of allegiance to any foreign state.
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, and his place of general abode shall be
deemed his place of residence during the said years: Provided, That such presumption may be
overcome on the presentation of satisfactory evidence to a
diplomatic or consular officer of the United States, under such
rules and regulations as the Department of State may
prescribe.
An American citizen shall not be allowed to expatriate himself
when this country is at war. (Act of Mar. 2, 1907, sec. 2.)
The text of the law is appended for your information.
Whenever it comes to the knowledge of a diplomatic or consular officer
that an American citizen has secured naturalization in foreign state in
conformity with its laws, or has taken an oath of allegiance to a
foreign state, such diplomatic or consular officer
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should certify to the facts under his seal and
should transmit the certification to this department. If the citizen who
has thus acquired foreign naturalization was a naturalized citizen of
the United States, the fact should be stated in the certification and
the certificate of American naturalization should, if possible, be taken
up and forwarded to the department with the certification. The form of
the certification shall be as follows:
I, A. B. (name and rank of certifying officer), hereby certify
that C. B., a citizen of the United States by birth (or
naturalization), has secured naturalization as a citizen of
______, the proof of such naturalization being as follows:
(If he was a citizen of the United States by naturalization, a
statement of the date and place of his naturalization in the
United States should follow.)
In testimony whereof I have hereunto signed my name and affixed
my seal of office.
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When a naturalized citizen of the United States has resided for two years
in the country of his origin, or for five years in any other country,
this fact creates a presumption that he has ceased to be an American
citizen, but the presumption may be overcome by his presenting to a
diplomatic or consular officer proof establishing the following facts:
- (a)
- That his residence abroad is solely as a representative of
American trade and commerce, and that he intends eventually to
return to the United States permanently to reside; or,
- (b)
- That his residence abroad is in good faith for reasons of
health or for education, and that he intends eventually to
return to the United States to reside; or,
- (c)
- That some unforeseen and controlling exigency beyond his power
to foresee has prevented his carrying out a bona fide intention
to return to the United States within the time limited by law,
and that it is his intention to return and reside in the United
States immediately upon the removal of the preventing
cause.
The evidence required to overcome the presumption must be of the specific
facts and circumstances which bring the alleged citizen under one of the
foregoing heads, and mere assertions, even under oath, that any of the
enumerated reasons exist will not be accepted as sufficient.
Whenever evidence shall be produced to overcome the presumption of
expatriation from residence abroad, as indicated in this instruction,
the affidavit or affidavits must be made in duplicate, one copy thereof
being sent forthwith to this department, and if the affidavits or other
evidence have been presented to a consular officer he shall notify the
embassy or legation in the country in which he is resident of the name
of the person and of the facts concerning his residence abroad.
So much of this instruction as relates to residence abroad is not
applicable to natural-born citizens of the United States. Their status,
so far as their right to the protection of this Government is concerned,
is governed by existing instructions of this department and especially
by so much of the circular instruction of March 27, 1899, as applies to
them, which is appended to this instruction for your information.
I am, gentlemen, your obedient servant,
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[Inclosure 1.]
Text of the law.
Section 2, act of March 2, 1907:
“Sec 2. That any American citizen shall be
deemed to have expatriated himself when he has been naturalized in
any foreign state in conformity with its laws, or when he has taken
an oath of allegiance to any foreign state.
“When any naturalized citizen shall have resided for two years in the
foreign state from which he came, or for five years in any foreign
state, it shall be presumed that he has ceased to be an American
citizen, and the place of his general abode shall be deemed his
place of residence during said years: Provided,
however, That such presumption may be overcome on the
presentation of satisfactory evidence to a diplomatic or consular
officer of the United States, under such rules and regulations as
the Department of State may prescribe: And
provided also, That no American citizen shall be allowed to
expatriate himself when this country is at war.”
[Inclosure 2.]
Circular of March 27, 1899
[Extract.]
Department of State,
Washington, March 27,
1899
passports for persons residing or
sojourning abroad.
To the diplomatic and consular
officers of the United States.
Gentlemen: A condition precedent to the
granting of a passport is, under the law and the rules prescribed by
authority of the law, that the citizenship of the applicant and his
domicile in the United States and intention to return to it with the
purpose of residing and performing the duties of citizenship shall
be satisfactorily established. One who has expatriated himself can
not, therefore, receive a passport.
Expatriation has been defined by Mr. Hamilton Fish as “the quitting
of one’s country, with an abandonment of allegiance and with the
view of becoming permanently a resident and citizen of some other
country, resulting in the loss of the party’s preexisting character
of citizenship.” Thus a person “may reside abroad for purposes of
health, of education, of amusement, of business, for an indefinite
period; he may acquire a commercial or civil domicile there, but if
he do so sincerely and bona fide animo revertendi, and do nothing
inconsistent with his preexisting allegiance, he will not thereby
have taken any step toward self-expatriation. But if, instead of
this, he permanently withdraws himself and his property and places
both where neither can be made to contribute to the national
necessities, acquires a political domicile, and avows his purpose
not to return, he has placed himself in the position where his
country has the right to presume that he has made his election of
expatriation.”
But even where expatriation may not be established, a person who is
permanently resident and domiciled outside of the United States can
not receive a passport. “When a person who has attained his majority
removes to another country and settles himself there, he is stamped
with the national character of his new domicile; and this is so,
notwithstanding he may entertain a floating intention of returning
to his original residence or citizenship at some future period, and
the presumption of law with respect to residence in a foreign
country, especially if it be protracted, is that the party is there
animo manendi, and it lies upon him to explain it.” (Mr. Fish to the
President, For. Rels., 1873, 1186, et seq.) If, in making
application for a passport, he swears that he intends to return to
the United States within a given period and afterwards, in applying
for a renewal of his passport, it appears that he did not fulfill
his intention, this circumstance awakens a doubt as to his real
purpose, which he must dispel. (For. Rels., 1890, 11.)
The treatment of the individual cases as they arise must depend
largely upon attendant circumstances. When an applicant has
completely severed his relations with the United States; has neither
kindred nor property here; has
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married and established a home in a foreign land; has engaged in
business or professional pursuits wholly in foreign countries; has
so shaped his plans as to make it impossible or improbable that they
will ever include a domicile in this country—these and similar
circumstances should exercise an adverse influence in determining
the question whether or not a passport should issue. On the other
hand, a favorable conclusion may be influenced by the fact that
family and property connections with the United States have been
kept up; that reasons of health render travel and return impossible
or inexpedient; and that pecuniary exigencies interfere with the
desire to return. But the circumstance which is perhaps the most
favorable of all is that the applicant is residing abroad in
representation and extension of legitimate American enterprises.
I am, gentlemen, your obedient servant,
