Recovering a Lost US Citizenship

In prior decades, certain Americans lost their U.S. citizenship for a number of reasons. Before September, 1922, those who married foreign nationals ineligible for naturalization lost the citizenship. Children born between 1934 and 1978 in foreign countries who had acquired citizenship through their parents lost their citizenship if they did not reside in the U.S. for a determined period. Prior to 1934, foreign-born children could only receive citizenship through an American father. If a mother was a U.S. citizen but the father was an alien, the child did not receive citizenship. Also, before dual citizenship was recognized in the States expatriated American citizens who became citizens of another country lost their U.S. citizenship.

Although subsequent laws remedied these issues, the laws did not apply retroactively, leaving many with lost citizenships. Many other individuals have lost their U.S. citizenship due to a failure to meet certain requirements of retention. Fortunately, those who have lost their citizen can reclaim it through the 1994 Immigration and Nationality Technical Corrections Act (INTCA).

INTCA of 1994

On October 24, 1994, then President Clinton signed into law the Immigration and Nationality Technical Corrections Act. Several sections applied retroactive citizenship to foreign-born children born who had lost their U.S. citizenship due to the aforementioned circumstances as well as others who failed to retain their citizenship.

Section 101 of INTCA provides that children born abroad prior to May 24, 1934 of citizen mothers who had resided in the U.S. prior to the child's birth and alien fathers are citizens of the U.S. as of the date of the child's birth. This is true whether they ever apply for U.S. passports or Certificates of Citizenships. This section became effective, October 25, 1994.

Section 103 of INTCA gives those who lost their U.S. citizenship between 1934 and 1978 due to a failure to satisfy retention requirements an opportunity to reclaim their citizenship by taking an oath of allegiance to the U.S. This section became effective, March 1, 1995.

Reclaiming U.S. Citizenship

For those who were lost their citizenship under the aforementioned circumstances and are eligible under INTCA, all they need to do to reclaim their citizenship is to take the Oath of Allegiance to the United States. They can either contact the U.S. embassy in the foreign country you’re residing in or the U.S. State Department’s Office of Citizens Consular Services.

Find an Attorney

If you lost your U.S. citizenship because of any prior laws, you may be able to reclaim your citizenship under the Immigration and Nationality Technical Corrections Act. Consult with an attorney to determine what you need to do to reclaim your citizenship and restore all of your rights as a U.S. citizen.