Glossary entry (derived from question below)
English term or phrase:
overcome the presumption of expatriation
Polish translation:
obalić domniemanie ekspatriacji
Added to glossary by
Frank Szmulowicz, Ph. D.
Jan 28, 2020 00:21
4 yrs ago
20 viewers *
English term
United States
The Slanguage Buff
Native in: Polish (Variant: Standard-Poland) 
, English (Variant: US)
Works in: Polish to English, Spanish to English, English, and 4 more.
overcome the presumption of expatriation
English to Polish
Law/Patents
Law (general)
Document:
Affidavit of Citizenship Status in Lieu of Passport:
I was refused an American passport by the Department of State for the following reasons:
I failed to overcome the presumption of expatriation which had arisen against me.
Affidavit of Citizenship Status in Lieu of Passport:
I was refused an American passport by the Department of State for the following reasons:
I failed to overcome the presumption of expatriation which had arisen against me.
Proposed translations
(Polish)
| 3 +2 | obalić domniemanie ekspatriacji |
Frank Szmulowicz, Ph. D.
|
Change log
Jan 31, 2020 22:00: Frank Szmulowicz, Ph. D. Created KOG entry
Proposed translations
+2
32 mins
Frank Szmulowicz, Ph. D.
United States
United States
Native in English
&
Polish
Works in field
United States
On time, on target, on budget.
Native in: English , Polish
Works in: Polish to English, English to Polish, Russian to Polish, and 1 more.
Related KudoZ points
:
2095
Selected
obalić domniemanie ekspatriacji
Expatriation here effectively is the renunciation of citizenship (zrzeczenie się obywatelstwa) through certain acts. It is broadly triggered by
1) entering or serving in the armed forces of another country,
2) entering into the government service of another country.
I prefer the generic term ekspatriacja, since the individual is not actively renouncing citizenship but by doing so by default.
See page 83:
https://books.google.com/books?id=0scnVnaKDywC&pg=PA85&lpg=P...
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Gentlemen: You are hereby instructed that rule (a), relative to the facts to be established to overcome the presumption of expatriation, prescribed in the circular instruction of April 19, 1907, entitled “Expatriation,” and the circular instruction of December 11, 1907, entitled “Expatriation and Protection of Americans in Turkish Dominions,” is hereby amended so as to read:
(a) That his residence abroad is solely or principally as a representative of American trade and commerce and that he intends eventually to return to the United States to reside
https://history.state.gov/historicaldocuments/frus1908/d2.
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Note added at 37 mins (2020-01-28 00:58:38 GMT)
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Another term for expatriation would be "abandonment of nationality," which may be translated as rezygnacja z obywatelstwa.
In .several later instances49 the Department of State observed, with
reference to the effect of protracted foreign residence, that it raised a
"presumption of expatriation" or furnished "prima facie proof of
abandonment of nationality," or used language of a similar purport.
It is impossible within the limits of this article to discuss these cases
individually, but, as showing the attitude of the Department of State, I
quote the following passage from a letter written by Secretary Seward
on August 25, 1868, to a Doctor Chernbuck, a native of Roumania :
https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?refe...
1) entering or serving in the armed forces of another country,
2) entering into the government service of another country.
I prefer the generic term ekspatriacja, since the individual is not actively renouncing citizenship but by doing so by default.
See page 83:
https://books.google.com/books?id=0scnVnaKDywC&pg=PA85&lpg=P...
ccccccccccccc
Gentlemen: You are hereby instructed that rule (a), relative to the facts to be established to overcome the presumption of expatriation, prescribed in the circular instruction of April 19, 1907, entitled “Expatriation,” and the circular instruction of December 11, 1907, entitled “Expatriation and Protection of Americans in Turkish Dominions,” is hereby amended so as to read:
(a) That his residence abroad is solely or principally as a representative of American trade and commerce and that he intends eventually to return to the United States to reside
https://history.state.gov/historicaldocuments/frus1908/d2.
cccccccc
--------------------------------------------------
Note added at 37 mins (2020-01-28 00:58:38 GMT)
--------------------------------------------------
Another term for expatriation would be "abandonment of nationality," which may be translated as rezygnacja z obywatelstwa.
In .several later instances49 the Department of State observed, with
reference to the effect of protracted foreign residence, that it raised a
"presumption of expatriation" or furnished "prima facie proof of
abandonment of nationality," or used language of a similar purport.
It is impossible within the limits of this article to discuss these cases
individually, but, as showing the attitude of the Department of State, I
quote the following passage from a letter written by Secretary Seward
on August 25, 1868, to a Doctor Chernbuck, a native of Roumania :
https://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?refe...
4 KudoZ points awarded for this answer.
Comment: "Thank you, Frank."
Reference comments
10 hrs
Reference:
loss of nationality, also known as expatriation
Loss of U.S. Nationality
Loss of nationality, also known as expatriation, means the loss of citizenship status properly acquired, whether by birth in the United States, through birth abroad to U.S. citizen parents, or by naturalization. As a result of several constitutional decisions, §349(a) of the current Immigration and Nationality Act ("INA") provides that U.S. nationality is lost only when the U.S. citizen does one of the specified acts described in INA §349, voluntarily and with the intent to give up that nationality. If any one of these requirements is lacking, nationality is not lost.
Acts not specified in INA §349 do not result in expatriation. For example, acquisition of foreign nationality at birth will not result in expatriation. However, two expatriating acts contained in INA §349 are relevant to the issue of dual nationality. They are:
obtaining naturalization in a foreign state upon the citizen's own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; and
taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof after having attained the age of eighteen years.
Where such expatriating acts are performed, it is important to consider the issues of voluntariness and intention to relinquish U.S. citizenship. The full text of INA §349 is reproduced here.
http://www.americanlaw.com/dualcit.html
A person born in the U.S. or if born abroad, or who naturalizes as a U.S. citizen or otherwise obtains U.S. citizenship derivatively through a U.S. parent or parents, remains a U.S. citizen until she commits an expatriating act as defined under the applicable statute. A person must commit an expatriating act voluntarily and with the intention to expatriate. The U.S. citizen will be considered a U.S. citizen by the U.S. government until the U.S. citizen obtains a Certificate of Loss of Nationality from the U.S. Department of State. The particular fact pattern of how the U.S. citizen acquired and subsequently claims to have lost their citizenship will determine if the U.S. citizen can either formally renounce or voluntarily relinquish their U.S. citizenship. Only the U.S. State Department can make a determination as to whether a person has lost their U.S. citizenship.
Loss of U.S. Nationality
Certain seminal U.S. Supreme Court cases commencing in the 1980s and INA § 349(a) of the current Immigration and Nationality Act (“INA”) provides that U.S. nationality is lost only when the U.S. citizen performs one or more of the enumerated statutory acts and acts with the intent to voluntarily relinquish or formally renounce her U.S. citizenship.
The cessation of U.S. citizenship without voluntary action on the part of the citizen will deprive the citizen of freedom of choice and would likely be a denial of due process. This requirement was made explicit by a 1986 amendment to INA § 349(a) (Immigration and Nationality Act Amendments of 1986, Pub. L. No. 99-653, §18, 100 Stat. 3655).
The Immigration and Nationality Act Amendments of 1986, Pub. L. No. 99-653, §18, 100 Stat. 3655, legislated that the acts of expatriation listed in the statute would terminate citizenship only if voluntarily performed “with the intention of relinquishing United States nationality.” The Immigration Technical Corrections Act of 1988, Pub. L. No. 100-25, §8(r), 102 Stat. 2609, 2618 provided that the 1986 amendment “shall apply to actions taken before, on, or after November 14, 1986.”
Acquisition of foreign nationality at birth will not result in expatriation unless at a later point in time, an act performed by the U.S. citizen meets the requirements under the applicable statute.
Two expatriating acts contained in INA §349 are relevant to the issue of dual nationality. They are:
1. Obtaining naturalization in a foreign state upon the citizen’s own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; and
2. Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof after having attained the age of eighteen years.
The U.S. citizen must perform an expatriating act voluntarily and also intend to relinquish U.S. citizenship as a result of such voluntary act.
https://crossbordervisas.com/loss-of-u-s-citizenship-expatri...
--------------------------------------------------
Note added at 10 hrs (2020-01-28 10:50:13 GMT)
--------------------------------------------------
Potentially Expatriating Acts
Section 349 of the INA (8 U.S.C. 1481), as amended, states that U.S. nationals are subject to loss of nationality if they perform certain specifiedacts voluntarily and with the intention to relinquish U.S. nationality. Briefly stated, these acts include:
1. obtaining naturalization in a foreign state after the age of 18 (Sec. 349 (a) (1) INA);
2. taking an oath, affirmation or other formal declaration of allegiance to a foreign state or its political subdivisions after the age of 18 (Sec. 349 (a) (2) INA);
3. entering or serving in the armed forces of a foreign state engaged in hostilities against the United States or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
4. accepting employment with a foreign government after the age of 18 if (a) one has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
5. formally renouncing U.S. nationality before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);
6. formally renouncing U.S. nationality within the United States (The Department of Homeland Security is responsible for implementing this section of the law, and any inquiries should be directed to DHS) (Sec. 349 (a) (6) INA);
7. conviction for an act of treason against the Government of the United States or for attempting by force to overthrow, or bear arms against, the Government of the United States (Sec. 349 (a) (7) INA).
https://travel.state.gov/content/travel/en/legal/travel-lega...
Loss of nationality, also known as expatriation, means the loss of citizenship status properly acquired, whether by birth in the United States, through birth abroad to U.S. citizen parents, or by naturalization. As a result of several constitutional decisions, §349(a) of the current Immigration and Nationality Act ("INA") provides that U.S. nationality is lost only when the U.S. citizen does one of the specified acts described in INA §349, voluntarily and with the intent to give up that nationality. If any one of these requirements is lacking, nationality is not lost.
Acts not specified in INA §349 do not result in expatriation. For example, acquisition of foreign nationality at birth will not result in expatriation. However, two expatriating acts contained in INA §349 are relevant to the issue of dual nationality. They are:
obtaining naturalization in a foreign state upon the citizen's own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; and
taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof after having attained the age of eighteen years.
Where such expatriating acts are performed, it is important to consider the issues of voluntariness and intention to relinquish U.S. citizenship. The full text of INA §349 is reproduced here.
http://www.americanlaw.com/dualcit.html
A person born in the U.S. or if born abroad, or who naturalizes as a U.S. citizen or otherwise obtains U.S. citizenship derivatively through a U.S. parent or parents, remains a U.S. citizen until she commits an expatriating act as defined under the applicable statute. A person must commit an expatriating act voluntarily and with the intention to expatriate. The U.S. citizen will be considered a U.S. citizen by the U.S. government until the U.S. citizen obtains a Certificate of Loss of Nationality from the U.S. Department of State. The particular fact pattern of how the U.S. citizen acquired and subsequently claims to have lost their citizenship will determine if the U.S. citizen can either formally renounce or voluntarily relinquish their U.S. citizenship. Only the U.S. State Department can make a determination as to whether a person has lost their U.S. citizenship.
Loss of U.S. Nationality
Certain seminal U.S. Supreme Court cases commencing in the 1980s and INA § 349(a) of the current Immigration and Nationality Act (“INA”) provides that U.S. nationality is lost only when the U.S. citizen performs one or more of the enumerated statutory acts and acts with the intent to voluntarily relinquish or formally renounce her U.S. citizenship.
The cessation of U.S. citizenship without voluntary action on the part of the citizen will deprive the citizen of freedom of choice and would likely be a denial of due process. This requirement was made explicit by a 1986 amendment to INA § 349(a) (Immigration and Nationality Act Amendments of 1986, Pub. L. No. 99-653, §18, 100 Stat. 3655).
The Immigration and Nationality Act Amendments of 1986, Pub. L. No. 99-653, §18, 100 Stat. 3655, legislated that the acts of expatriation listed in the statute would terminate citizenship only if voluntarily performed “with the intention of relinquishing United States nationality.” The Immigration Technical Corrections Act of 1988, Pub. L. No. 100-25, §8(r), 102 Stat. 2609, 2618 provided that the 1986 amendment “shall apply to actions taken before, on, or after November 14, 1986.”
Acquisition of foreign nationality at birth will not result in expatriation unless at a later point in time, an act performed by the U.S. citizen meets the requirements under the applicable statute.
Two expatriating acts contained in INA §349 are relevant to the issue of dual nationality. They are:
1. Obtaining naturalization in a foreign state upon the citizen’s own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; and
2. Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof after having attained the age of eighteen years.
The U.S. citizen must perform an expatriating act voluntarily and also intend to relinquish U.S. citizenship as a result of such voluntary act.
https://crossbordervisas.com/loss-of-u-s-citizenship-expatri...
--------------------------------------------------
Note added at 10 hrs (2020-01-28 10:50:13 GMT)
--------------------------------------------------
Potentially Expatriating Acts
Section 349 of the INA (8 U.S.C. 1481), as amended, states that U.S. nationals are subject to loss of nationality if they perform certain specifiedacts voluntarily and with the intention to relinquish U.S. nationality. Briefly stated, these acts include:
1. obtaining naturalization in a foreign state after the age of 18 (Sec. 349 (a) (1) INA);
2. taking an oath, affirmation or other formal declaration of allegiance to a foreign state or its political subdivisions after the age of 18 (Sec. 349 (a) (2) INA);
3. entering or serving in the armed forces of a foreign state engaged in hostilities against the United States or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
4. accepting employment with a foreign government after the age of 18 if (a) one has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
5. formally renouncing U.S. nationality before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);
6. formally renouncing U.S. nationality within the United States (The Department of Homeland Security is responsible for implementing this section of the law, and any inquiries should be directed to DHS) (Sec. 349 (a) (6) INA);
7. conviction for an act of treason against the Government of the United States or for attempting by force to overthrow, or bear arms against, the Government of the United States (Sec. 349 (a) (7) INA).
https://travel.state.gov/content/travel/en/legal/travel-lega...
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