January 06, 2013

U.S. DoJ Commentary of Law of Expatriation


SURVEY OF THE LAW OF EXPATRIATION
Under federal law, a U.S. citizen can lose his nationality if he voluntarily "obtain[s] naturalization in a foreign state . . . after having attained the age of eighteen years." 8 U.S.C. § 1481(a)(1). Likewise, a citizen of the United States could be expatriated if he voluntarily "tak[es] an oath or mak[es] 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." 8 U.S.C. § 1481(a)(2). In either case, however, no loss of citizenship may result unless the citizen acts "with the intention of relinquishing United States nationality." 8 U.S.C. § 1481(a).
DoJ Commentary: Survey of the Law of Expatriation

Barack Hussein Obama II, also known as Barry Soetoro, was issued a Certificate of Loss of Nationality in 1968 by U.S. Secretary of State Dean Rusk. Minors issued a Certificate of Loss of Nationality are provided the opportunity to recapture their U.S. Citizenship with a written request and an oath of allegiance to the United States before U.S. Consular Affairs Officer until 6 months after their 18th birthday.

Barack Hussein Obama's II, also known as Barry Soetoro,  Certificate of Loss of Nationality was finalized February 4, 1980. As a foreign national minor living in the U.S. longer than 5 years before his 18th birthday, Obama became eligible for a Certificate of Naturalization 3 years after his 18th birthday. Obama was issued a Certificate of Naturalization in 1983.