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OI 349 Loss of nationality.
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OI 349.1
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Reports of expatriation
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OI 349.2
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Japanese renunciations of nationality; effectivenes
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OI 349.3
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Check of Service and State Department
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OI 349.1 Reports of expatriation.
When a final determination is made that a person who was naturalized or issued a certificate of citizenship has become expatriated, that decision shall promptly be reported to the Central Office in order that the clerk of the naturalization court may be notified and notation made in the Central office file. The report shall give the person's name; certificate number; date, court, and place of naturalization; and other identifying data.
In an exclusion case, where no appeal is taken from the special inquiry officer's decision, the report shall be submitted immediately. Where the subject appeals, the report shall be submitted when decision has been rendered on appeal.
OI 349.2 Japanese renunciations of nationality: effectiveness.
A Japanese renunciant who applies to the Service for a privilege or right available only to a United States citizen, and who claims that his renunciation is void under the decision in Acheson v. Murakami (C.C.A. 9, 1949), 176 F.2d 953, shall submit the affidavit on Form N-576 and letter to the field office of the Service in which the claim is pending. The field office will transmit the affidavit and letter to the Civil Division with a covering memorandum indicating the Service interest in the claim. The C
ivil Division will determine whether the case comes within the Murakami decision and advise the Service field office which, in turn, will determine the applicant's eligibility for the privilege or right sought and inform the Civil Division of its decision.
If an applicant has previously been held to be a United States citizen under the Murakami decision, or it is established that he was under 21 years of age at the time of renunciation, he may be regarded as a United States citizen only insofar as section 401(i) is concerned without referral of the question to the Civil Division.
OI 349.3 Check of Service and State Department records.
(a)
General. Except as stated in paragraph (b), in any case in which United States citizenship status is a material issue, and a United States citizen has been absent from the United States for an extended period of time under circumstances suggesting the possibility that expatriation may have occurred, or where other facts, circumstances, information, or conduct are present suggesting such possibility, both Central Office and Department of State records shall be checked in accordance with the instructions in
AM 2772.01 before final adjudication of the case.
(b)
Consular reports of birth in connection with issuance of certificates of citizenship. Form N-602 is designed to obtain copies of documents or pertinent information from consular registration of birth files of the Department of State in connection with the processing and adjudication of N-600 applications for certificates of citizenship. The form also routinely requests any information which may be contained in such Department of State file bearing upon any issues of expatriation.
Where a specific possibility of expatriation exists, either as to the subject of the consular registration, or to persons in the chain of title, as described in paragraph (a), reliance for expatriatory information shall not be based upon a Form N-602 but shall be obtained in accordance with the instructions contained in paragraph (a).
(OI 349.3 redesignated; formerly OI 349.4)