Will You Lose Your Citizenship If You Fight For Another Country?

Americans have a long history of warfare, and many of its citizens are passionate about freedom and democracy. If American citizens wish to fight for these values, the most obvious option is to join the US military. But what happens if the US army is not engaged in the same conflict you wish to be part of? Is it legal to join the military of another nation? Perhaps most importantly, will you lose your citizenship if you do this?

If you have questions such as these, it might be time to get in touch with a qualified, experienced immigration attorney in Florida. These legal professionals can help you understand some of the most obscure details of US immigration law, and they can help you ensure that you’re keeping hold of your citizenship. The truth is that there are many situations that can result in you losing your citizenship, so it always makes sense to get advice from a legal professional before making any rash moves.

Foreign Military Service Cannot be Used to Strip You of Your Citizenship 

Issues can arise when Americans enlist in the armed forces of a foreign nation in order to fight a country that is at peace with the United States. This can be used as a way to “voluntarily” renounce one’s citizenship. That being said, there is nothing the State Department can do to forcibly strip you of your citizenship, even if you are fighting against a country that is a United States ally. Supreme Court precedent states that foreign military service can never be used to take away your citizenship.

That being said, there is a law that can potentially result in three years behind bars if you’re fighting against a country at peace with the United States. While there are some concerns this law could be used to prosecute Americana volunteering to fight against Russia in Ukraine, it is very rarely enforced. This is in stark contrast to Austria, which has publicly stated that any of their citizens that fight for Ukraine will lose their passports and become stateless.

Should You Fight? 

Generally speaking, it’s not a good idea to go to war in a country in which the United States is not involved. Although your citizenship might remain intact, Washington will be forced to publicly condemn your actions if you are captured, and they will likely do very little to help you. In contrast, US military personnel fighting in sanctioned wars are always given more protection.

Enlist the Help of a Qualified Attorney Today 

If you’ve been searching for a qualified, experienced Palm Beach County immigration attorney, look no further than Devore Law Group. Over the years, we have assisted numerous individuals in the United States, and we know just how important it is to keep hold of your citizenship. Book a consultation today, and we can answer all of your various questions in a confident, efficient manner while guiding you towards the best possible outcomes. Reach out now.

Sources: 

travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Loss-US-Nationality-and-Foreign-Military-Service.htm

foreignpolicy.com/2011/09/02/is-it-legal-for-americans-to-fight-in-another-countrys-army