I’ve heard differing views about US citizens being soldiers in a foreign army. One is that you can serve as a non-com, not an officer. Another is that it is completely illegal and can face multiple charges including treason. Who’s got the straight dope?
Ringo
November 25, 2001, 2:41am
2
From a U.S. Department of State website :
A U.S. citizen who is a resident or citizen of a foreign country may be subject to compulsory military service in that country. Although the United States opposes service by U.S. citizens in foreign armed forces, there is little that we can do to prevent it since each sovereign country has the right to make its own laws on military service and apply them as it sees fit to its citizens and residents.
Further confirmation of the necessity to establish the citizen’s intent to relinquish nationality before expatriation will result came in the opinion in Vance v. Terrazas, 444 U.S. 252 (1980). The Court stated that “expatriation depends on the will of the citizen rather than on the will of Congress and its assessment of his conduct.” The Court also indicated that a person’s intention to relinquish U.S. citizenship may be shown by statements or actions.
Military service in foreign countries usually does not cause loss of citizenship since an intention to relinquish citizenship normally is lacking. Service as a high-ranking officer, particularly in a policy-making position, could be viewed as indicative of an intention to relinquish U.S. citizenship.
Pursuant to Section 351(b) of the Immigration and Nationality Act, a person who served in foreign armed forces while under the age of eighteen is not considered subject to the provisions of Section 349(a)(3) if, within six months of attaining the age of eighteen, he or she asserts a claim to United States citizenship in the manner prescribed by the Secretary of State.
If you think about it, U.S. citizens regularly serve with the Israeli Defense Forces.
That’s what I love about this place. Quick, accurate answers. Thanks.
RickJay
November 25, 2001, 5:27am
4
My best friend, an American citizen, served with the Canadian Armed Forces for eight years (1987-1995), joining before he became a dual citizen (holding only U.S. citizenship.) He wrote the the State Department, and got a letter assuring him we would remain a U.S. citizen. A few years ago he moved back to the States and nobody gave him a problem over it.
Both Canada and Israel are US allies. What if my neighbor goes to China or Russia, serves in their army and comes back to the USA. Will he spend time in a Federal court or prison?
Monty
November 25, 2001, 6:09am
6
Russia’s one of our allies now. The Soviet Union no longer exists.