Speech #860140824

N.Y.. during his visit to Moscow. Our nationality laws traditionally recognize the right to voluntary expatriation. Under the law presently in effect. section 349(a) (6) of the WalterMcCarran Act. a citizen of the United States. whether by birth or naturalization. loses his U.S. citizenship by "making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state." It appears that Nicholas Petrulli has made such a formal renunciation at the U.S. Embassy at Moscow. in due form as prescribed by regulations promulgated by the Secretary of State. Under the law. his voluntary act of expatriation is final and there is nothing the Department of State has to do except to issue a written certificate of loss of U.S. nationality. The press has raised the matter of Petrullis return to the United States. pointing out that he apparently regrets his action and wants to return to the United States. Under the law. he may return to this country as an alien immigrant if eligible under all the applicable provisions of the Immigration and Nationality Act. Pursuant to section 202(a) (3) of the Immigration and Nationality Act. Nicholas Petrulli. as an alien born in the United States. will be chargeable to the immigration quota of the country of which he is a citizen. or if he is not a citizen or subject of any country. then he will have to come under the quota of the country in which he residesSoviet Russia in his case. If the press dispatches reporting that Petrulli is married to a citizen of the United States are true. then his wife could file in his behalf a petition requesting the Attorney General to grant him nonquota immigrant status on the ground that he is the spouse of a U.S. citizen.