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To: Nero Germanicus; Cold Case Posse Supporter; SvenMagnussen

Can someone under 18 or 21 do one of the following:

Get issued a cert of loss of nationality?

Renounce their citizenship?

Have a parent go with them and do it at the consulate?

On that last one, how do they show they weren’t coerced by the family member/parent?


79 posted on 02/14/2013 10:52:09 AM PST by WildHighlander57 ((WildHighlander57 returning after lurking since 2000))
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To: WildHighlander57

Well what I found is this:

http://travel.state.gov/law/citizenship/citizenship_776.html

F. RENUNCIATION FOR MINOR CHILDREN/INCOMPETENTS

Citizenship is a status that is personal to the U.S. citizen. Therefore, parents may not renounce the citizenship of their minor children. Similarly, parents/legal guardians may not renounce the citizenship of individuals who are mentally incompetent. Minors seeking to renounce their U.S. citizenship must demonstrate to a consular officer that they are acting voluntarily and that they fully understand the implications/consequences attendant to the renunciation of U.S. citizenship.

And this:

http://www.law.cornell.edu/uscode/text/8/1481

8 USC § 1481 - Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

(b) Whenever the loss of United States nationality is put in issue in any action or proceeding commenced on or after September 26, 1961 under, or by virtue of, the provisions of this chapter or any other Act, the burden shall be upon the person or party claiming that such loss occurred, to establish such claim by a preponderance of the evidence. Any person who commits or performs, or who has committed or performed, any act of expatriation under the provisions of this chapter or any other Act shall be presumed to have done so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of the evidence, that the act or acts committed or performed were not done voluntarily.


82 posted on 02/14/2013 11:04:22 AM PST by Cold Case Posse Supporter
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To: WildHighlander57

Anyone of any age can move out of the country and renounce their U.S. Citizenship. There are many circumstances where a CLN will not be issued, regardless of a renouncement of citizenship. For example, a CLN will not be issued if the applicant cannot demonstrate they will not be stateless after the CLN is issued.

In the case of minor voluntarily renouncing, the parent or guardian informs the State Department their child wants to renounce their U.S. Citizenship. After the State Department informs the parent that a parent cannot renounce a child’s citizenship, the parent is asked if they want to sign migration agent agreement where a temporary guardian is assigned to assist the minor with the renouncement of citizenship.

The agent, usually a locally employed staff member at the U.S. Embassy, acts as the child’s guardian for the express purpose of championing the child’s cause for renouncement. The agent interviews the child, family, friends, neighbors and establishes background information for a report filed with to the Consular Affair Officer (CA0).

The CAO uses the report to conduct an investigation. The CAO main focus is a check to see if the child is involved in a child custody dispute, a victim of kidnapping or otherwise being sought by law enforcement.

In Obama’s case, he was the adopted son Lolo Soetoro with an Hawaiian COLB naming Lolo Soetoro as his birth father and Stanley Ann Dunham Soetoro as his birth mother. There was no record of BHO Sr. searching for his son. After Stanley Ann told the State Department she planned to stay in Indonesia “indefinately” with her “INDO” husband, there wasn’t any reason to think Obama wanted to maintain his U.S. Citizenship.


85 posted on 02/14/2013 11:12:42 AM PST by SvenMagnussen (TINKER, TAILOR, SOLDIER, SPY)
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