Report of the President's Commission on the Assassination of President John F. Kennedy

Expatriation: Foreign State Naturalization

Under Section 349(a)(1) of the 1952 Immigration and Nationality Act, a U.S. citizen loses their nationality by obtaining naturalization in a foreign state on their own application. Although Oswald applied for Soviet citizenship, he never received it, so he did not expatriate himself under this provision.

Expatriation: Formal U.S. Nationality Renunciation

Section 349(a)(6) of the Immigration and Nationality Act provides that a U.S. citizen loses their citizenship by making a formal renunciation of nationality before a U.S. diplomatic or consular officer in a foreign state, in the form prescribed by the Secretary of State. Implementing regulations require 4 copies of the renunciation form to be executed, with the original and one copy sent to the State Department for approval. Once approved, the consular official provides a copy of the form to the individual, who must sign it in the presence of the consular official, who also signs the form. Oswald never completed this formal renunciation process, so he did not lose U.S. citizenship under this provision.

chapter II. With the assistance of Agent in Charge Sorrels of the

chapter II. With the assistance of Agent in Charge Sorrels of the This chapter examines two principal matters: (1) whether Lee Harvey Oswald expatriated himself through his actions in the Soviet Union between October 1959 and May 1962, and (2) the procedures by which his wife Marina Oswald obtained authorization to enter the United States. The Commission concludes that Oswald did not expatriate himself under any applicable statutory provision, and traces the multi-agency process—including the State Department, the Immigration and Naturalization Service, and various security agencies—that ultimately resulted in the issuance of an immigrant visa to Marina Oswald.

Oswald’s Failed Citizenship Renunciation

Oswald’s Failed Citizenship Renunciation Section 349(a)(6) of the Immigration and Nationality Act requires compliance with specific forms and procedures prescribed by the Secretary of State for a U.S. citizen to renounce citizenship. Although Oswald stated to American Embassy officials in 1959, both orally and in writing, that he desired to renounce his citizenship, he did not execute the proper forms and did not sign his letters of October 31 or November 3, 1959, in the presence of a consular official. Because the statutory requirements were not satisfied, Oswald did not expatriate himself under section 349(a)(6).

Foreign State Oath Expatriation

Foreign State Oath Expatriation Section 349(a)(2) provides for loss of nationality by taking an oath or making a formal declaration of allegiance to a foreign state. In his October 31, 1959 letter, Oswald wrote “I affirm that his allegiance is to the Union of Soviet Socialist Republics,” and both letters stated his Soviet citizenship application was pending. However, since 1940 it has been well established that an oath of allegiance must be given to an official of the foreign state, not to a party unconnected with the foreign state. There is no indication that Oswald actually took any oath or declaration before an official of the Soviet Government, and therefore he did not expatriate himself under section 349(a)(2).

Foreign Government Employment Expatriation

Foreign Government Employment Expatriation Section 349(a)(4) provides for loss of nationality by accepting employment under a foreign government, either when the person acquires the nationality of that state or when an oath is required for the position. While Oswald was employed in a state-owned factory in Minsk, he did not acquire Russian nationality and there is no indication that any oath was required for the employment. Furthermore, prior judicial decisions hold that merely working in a government-owned factory does not result in expatriation, and several cases under an earlier but similar provision held that government employment taken to subsist was considered involuntary and thus did not result in expatriation. Oswald therefore did not expatriate himself under section 349(a)(4).

Commission Finding on Oswald’s Expatriation Status

Commission Finding on Oswald’s Expatriation Status Based on the analysis of the three statutory provisions, the Commission concludes that Lee Harvey Oswald had not expatriated himself by any acts performed between October 16, 1959, and May 1962. The Commission concurs in the opinion of the State Department that his passport was properly returned to him in July 1961 and properly reissued in May 1962.