Fraternity-Testvériség, 1962 (40. évfolyam, 1-12. szám)

1962-04-01 / 4. szám

2

FRATERNITY

Under “I” was just one $5,000 life insurance policy — which had become worthless 12 days ago because Jim hadn't made the payment.

“We all know what happened”, blurted Duane, Jim’s cousin. “The insurance payment was due in the middle of the Christmas season. Jim figured the kids’ happiness came first, that he could easily pick up some new insurance, after the holidays . .

Five minutes later, the phone rang. Duane answered, spoke a few low words and hung up. His face was a study in pain.

“That was Jim’s insurance agent”, said Duane. “He was phoning from a doctor’s office and wanted to know where Jim was. Last week, Jim made an appointment to meet him there at 10 o'clock this morning — to take his physical for a new policy."

HAS MY SISTER LOST HER AMERICAN CITIZENSHIP?

Question: My sister was naturalized as a United States citizen in 1922, almost 40 years ago. In 1951 she returned to live in her native country. At that time she was 66 years old. She has been told by the local authorities abroad that, by reason of her residence in the country of her birth, she has again acquired her original citizenship. Does that mean that she has lost her American citizenship?

Answer: No. Not unless your sister has actually taken steps to expatriate herself — such, for example, as formally renouncing her American citizenship, taking an oath of allegiance to another country, or voting in a foreign political election. Under the law in effect before the Immigration and Nationality Act, your sister would have lost her American citizenship if she resided for two years or more in her native country and thereby reacquired her original citizenship. This is no longer the case. Under existing law, naturalized citizens lose their American citizenship if they reside continuously for three years in the country of their birth or former nationality, or for five years in any other foreign state.

There are, however, a number of exceptions to these rules — for example, naturalized citizens who reside abroad because of employment by the U. S. Government, or because they are representing a bona fide American commercial or educational organization, or because they are prevented from returning to the United States by ill health or the ill health of a parent, spouse or child, etc. Also — and this is the exception that applies to your sister’s case — the foregoing rules about loss of citizenship because of residence abroad, do not apply to naturalized citizens who have lived in the United States for at least 25 years after their naturalization, and who are at least 60 years old when they establish their residence abroad. It is immaterial in such cases whether or not, by returning to their country of birth, they reacquire their original citizenship. But they must be careful not to do anything that would lose them their American citizenship, such as voting in a foreign political election or plebiscite.