54 STAT.] 76TH CONG., 3D SESS.-CH. 876-OCT. 14, 1940 custody of such person: Provided, however, That nationality shall not be lost as the result of the naturalization of a parent unless and until the child shall have attained the age of twenty-three years with- out acquiring permanent residence in the United States: Provided further, That a person who has acquired foreign nationality through the naturalization of his parent or parents. and who at the same time is a citizen of the United States, shall, if abroad and he has not heretofore expatriated himself as an American citizen by his own voluntary act, be permitted within two years from the effective date of his Act to return to the United States and take up permanent residence therein, and it shall be thereafter deemed that he has elected to be an American citizen. Failure on the part of such person to so return and take up permanent residence in the United States during such period shall be deemed to be a determination on the part of such person to discontinue his status as an American citizen, and such person shall be forever estopped by such failure from thereafter claim- ing such American citizenship; or (b) Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state; or (c) Entering, or serving in, the armed forces of a foreign state unless expressly authorized by the laws of the United States, if he has or acquires the nationality of such foreign state; or (d) Accepting, or performing the duties of, any office, post, or employment under the government of a foreign state or political subdivision thereof for which only nationals of such state are eligible; or (e) Voting in a political election in a foreign state or participating in an election or plebiscite to determine the sovereignty over foreign territory; or (f) Making a formal renunciation of nationality before a diplo- matic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or (g) Deserting the military or naval service of the United States in time of war, provided he is convicted thereof by a court martial; or (h) Committing any act of treason against, or attempting by force to overthrow or bearing arms against the United States, provided he is convicted thereof by a court martial or by a court of competent jurisdiction. SEC. 402. A national of the United States who was born in the United States or who was born in any place outside of the jurisdic- tion of the United States of a parent who was born in the United States, shall be presumed to have expatriated himself under subsec- tion (c) or (d) of section 401, when he shall remain for six months or longer within any foreign state of which he or either of his parents shall have been a national according to the laws of such foreign state, or within any place under control of such foreign state, and such presumption shall exist until overcome whether or not the individual has returned to the United States. Such presumption may be over- come on the presentation of satisfactory evidence to a diplomatic or consular officer of the United States, or to an immigration officer of the United States, under such rules and regulations as the Depart- ment of State and the Department of Justice jointly prescribe. However, no such presumption shall arise with respect to any officer or employee of the United States while serving abroad as such officer or employee, nor to any accompanying member of his family. SEC. 403. (a) Except as provided in subsections (g) and (h) of section 401, no national can expatriate himself, or be expatriated, under this section while within the United States or any of its out- lying possessions, but expatriation shall result from the performance 193470°-41-PT . --- 74 1169 Provisos. Effect upon child. Election of Ameri- can citizenship. Oath of allegiance to foreign state. Service in foreign armed forces. Employment, etc., by foreign govern- ment. Voting in foreign political elections, etc. Formal renunciation of nationality. Deserting U. S . mil- itary or naval service. Committing trea- son, etc. Presumption of ex- patriation. Overcoming pre- sumption. Persons excepted. Limitation on expa- triation within U. S.
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