Related forms:

Citizenship, Domicile, and Tax Status Options, Form #10.003 (OFFSITE LINK) -SEDM.  Use at a deposition or court hearing to introduce evidence of your citizenship and domicile

   USA Passport Application Attachment, Form #06.007 (OFFSITE LINK)-SEDM Forms page

   Voter Registration Attachment, Form #06.003 (OFFSITE LINK)-SEDM Forms page

4.7   Affidavit of Rescission

4.8   Revocation of Election by Nonresident Alien to Treat Income as Effectively Connected with a Trade or Business in the United States

4.9    Voter registration attachment

4.10  Security clearance application attachment

4.13  Legal Notice of Change in Domicile/Citizenship Records and Divorce from the United States

4.16  Social Security SS-5 form

4.17 IRS Form 8854: Expatriation Information Statement

        IRS Form 8854 Instructions

6.17 IRS Form W-8: Certificate of Foreign Status

4.20 Dept. of State form FS-581: Questionnaire Information for Determining U.S. citizenship

4.19 Dept. of State form DS-011 Application for U.S. Passport

4.20 Dept. of State form DS-011 Application for U.S. Passport-MODIFIED TO REMOVE U.S. CITIZENSHIP PRESUMPTION

4.22 Request for Certificate of non-citizen National Status from Dept. of State

4.23 Dept. of State form DS-082 Passport Renewal Form -MODIFIED TO REMOVE U.S. CITIZENSHIP PRESUMPTION

4.24 IRS Form W-9: Application for Taxpayer Identification Number  -MODIFIED TO REMOVE CITIZENSHIP PRESUMPTIONS

4.29  Rebuttal letter in response to denial of "Request for Certificate of non-citizen National status" by Dept. of State

4.30 Oath (for Christians)-attached with your "Request for Certificate of non-citizen National Status"

4.32  USCIS Agent Challenge-use if USCIS blows smoke about changing your citizenship status

4.33  Expatriation Affidavit-used to abandon nationality instead of "U.S. citizen" status under 8 U.S.C. 1401

4.36 Passport Amendment Request-get an endorsement on your U.S. Passport p. 24 identifying you as a "national but not a citizen" of the United States

4.38  Dept. of State Form DS-4083: Certificate of Loss of Nationality of the United States-this is the form that the American embassy in a foreign country must fill out for all Americans who approach them and demand to abandon their American nationality pursuant to 8 U.S.C. §1481.

Related articles and links:

• Why Domicile and Becoming a "Taxpayer" Require Your Consent-excellent.  Explains the relationship between domicile and citizenship

• Why You Are a "national" or a "state national" and not a "U.S. citizen"

•   SECNAVINST 5510.30A-Appendix I-shows that one may be a "U.S. citizen" rather than a "national" and still get a U.S. security clearance
• 22 U.S.C. §212: Persons Entitled to Passports
•   DOD Financial Management Regulation, Vol. 7B, Military Pay Policy and Procedures, Chapt. 6, Foreign Citizenship After Retirement-discusses the affect of foreign citizenship status upon your military retirement pay and benefits

• Citizenship and Sovereignty Course, Form #12.001-SEDM

• Developing Evidence of U.S. Citizenship Course, Form #12.002-SEDM

• References on Expatriation

• Great IRS Hoax, section 4.12.9 entitled "Expatriation"

• 8 CFR:  Chapter 1, Immigration and Naturalization Service Regulations

• How to Apply for U.S. Passport as a "National"

• 8 U.S.C. 1452: Certificates of citizenship or U.S. non-citizen national status; procedure

• U.S. Dept of State 7 FAM (Foreign Affairs Manual) Sections 1100, 1110, and 1111 on Citizenship-shows the government's view of "U.S. citizenship" and "U.S. Nationality" but is NOT the law.  Click here to go to the government site where you can view the original document.

• Dept of State Article on Non-citizen national certificates-local copy

• Dept of State Article on Non-citizen national certificates-Dept. of State website

• Dept of State Article entitled "How to Obtain Copies of Your Passport Records"-obtained on 4/5/04 via the Freedom of Information Act

• World Citizen Government Web-an alternative to a U.S. passport

• Department of State (DOS) Scams with "Certificates of non-citizen National Status-From Sovereignty Forms and Instructions, History section, under section 6: Department of States

•   Passports, Social Security Numbers, and 26 U.S.C. §6039E-white paper by Western State University Law Review that proves that it is unconstitutional to penalize people $500 on a passport application for failure to disclose a Social Security Number

• Social Security Administration: Can a noncitizen receive Social Security Benefits?-entitlements of "nationals" but not "citizens"

• Social Security Administration: Your Payments While you are outside the U.S.-for those who do not live in the federal zone.

Passport information:

• Department of State Website:  http://travel.state.gov

• Department of State Passport Services: http://travel.state.gov/passport_services.html

• National Passport Information Center: http://travel.state.gov/npicinfo.html

• Passport agencies: http://travel.state.gov/agencies_list.html

• Passport application forms: http://travel.state.gov/get_forms.html

• Passport Duty Officer (Department of State): 202-663-2465

• 18 U.S.C. Part 1, Chapt 75:  Passports and Visas-note 18 U.S.C. 1542, false statements on passport

• Sharon Palmer-Royston, Chief Legal Counsel, Passport Policy, Department of States-Voice: (202) 663-2430

Sample/Example completed forms (filled out):

• Dept. of State form DS-011 Application for U.S. Passport-MODIFIED TO REMOVE U.S. CITIZENSHIP PRESUMPTION
•  Dept. of State form FS-581: Questionnaire Information for Determining U.S. citizenship

Sample Government Responses:

•  Response by Dept. of State to Request for non-citizen National Status-received by one of our readers
•  Response by Social Security Administration to SS-5 form submitted with "Other" for citizenship-received by one of our readers

"It is better to trust in the Lord than to put confidence in man.  It is better to trust the Lord than to put confidence in princes [the government]." 

[Bible, Psalm 118:8-9]

“Put not your trust in princes [the government], [nor] in the son of man, in whom [there is] no help. “

[Bible, Psalms 146:3]

Deceiving Americans into mis-representing their citizenship status on government forms and legal pleadings is the number one method by which the government destroys the sovereignty of the people.  28 U.S.C. §1603(b)(3) says that a person who is a "citizen of the United States", where "United States" is used in a statutory context and means the federal zone, may not be a foreign sovereign.  The first step to becoming sovereign then is to ensure that our proper citizenship status is reflected in ALL EVIDENCE that the government and private businesses have about us.  This includes the following mostly government documents:

1.        Any state or federal tax returns we file (some of which as if either we or our children are “U.S. citizens”).

2.        State voter registration (most states require us to declare under penalty of perjury that we are a “U.S. citizen” in order to be able to register to vote).

3.        State driver’s license.

4.        Military service record and security clearance (most security clearances ask a person if they are a “U.S. citizen”)

5.        Social security records.

6.        Passport applications (most passport applications ask us if we are a “U.S. citizen”).

7.        Birth certificates.

8.        The paperwork our employer maintains on us (employment applications frequently ask us if we are a “U.S. citizen”).

9.        The paperwork our bank and financial institutions maintain on us.

All of these sources of evidence may be subpoena’d by the government if or when we have to litigate to defend our rights, and we don’t want to give them ANY ammunition they can use against us to prove their case that we are a citizen subject to federal law.  First, let’s define some terms:

8 U.S.C. Section 1101 DEFINITIONS-

…
(a)(21) The term ''national'' means a person owing permanent allegiance to a state.

(a)(22) The term ''national of the United States'' means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.

…

(a)(38) The term ''United States'', except as otherwise specifically herein provided, when used in a geographical sense, means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United States.

Are you a “U.S. citizen” as defined in the Internal Revenue Code?  You decide.  Here’s the ONLY definition of “U.S. citizen” we could find anywhere in either the Internal Revenue Code and the Implementing Regulations after an electronic search of the entire code and regulations:

26 CFR § 31.3121(e) State, United States, and citizen.

(b)…The term 'citizen of the United States' includes a citizen of the Commonwealth of Puerto Rico or the Virgin Islands, and, effective January 1, 1961, a citizen of Guam or American Samoa.

The answer is EMPHATICALLY NO!    In order not to be classified as a “U.S. citizen”, we must have proof, or there is a presumption that we are.  The American Jurisprudence Legal Encyclopedia, at 3C AmJur 2d 204 in section 2677 entitled “Presumptions concerning citizenship” says the following:

As a general rule, it is presumed, until the contrary is shown, that every person is a citizen of the country in which he or she resides.[1]  Furthermore, once granted, citizenship is presumably retained unless voluntarily relinquished,[2] and the burden rests upon one alleging a change of citizenship and allegiance to establish that fact.  Consequently, a person born in the United States is presumed to continue to be a citizen until the contrary is shown, and where it appears that a person was once a citizen of a particular foreign country, even though residing in another, the presumption is that he or she still remains a citizen of such foreign country, until the contrary appears.

The number one argument the government and the IRS will use against us in tax matters goes something like this:

“You are a U.S. citizen and EVERYONE knows that U.S. citizens are liable to pay income tax!”

Here is a real-life example of that from a real trial:

"Unless the defendant can prove he is not a citizen of the United States, the IRS has the right to inquire and determine a tax liability."
[U.S. v. Slater, 545 Fed. Supp. 179,182 (1982)]

This is the main argument they use in front of juries as well.  This exact statement is what the IRS revenue agent told us when we called to report that we had no income tax liability.  This argument, however, falls apart if they can’t affirmatively prove your U.S.** citizenship because they don’t have any evidence, and because you have evidence to the contrary!  If you aren’t a “U.S. citizen”, then you must be a “nonresident alien” because nonresident aliens are defined in 26 U.S.C. §7701(b)(1)(B) as persons who are not “U.S. citizens”.  We also know from chapter 5 of the Great IRS Hoax that nonresident aliens who are not engaged in a "public office" in the U.S. government (the recipient of government privileges) don’t have to pay income tax because they have no “U.S. source” income under 26 U.S.C. §871(a)!  Note from 8 U.S.C. Section 1101(a)(22)(B) that you can be a "national” without being described as a “U.S. citizen”.  That is the category we want to be.

The above argument derives from the idea that the federal government may tax a "U.S. citizen" wherever he is, including in geographical areas abroad and outside its general territorial jurisdiction within the federal zone.  In the U.S. Constitution Annotated, under the Fifth Amendment (see http://caselaw.lp.findlaw.com/data/constitution/amendment05/13.html - 6) , here is what it says about this subject:

"In laying taxes, the Federal Government is less narrowly restricted by the Fifth Amendment than are the States by the Fourteenth. The Federal Government may tax property belonging to its citizens [statutory "U.S. citizens" under 8 U.S.C.  §1401, but not "citizens" as used in the Fourteenth Amendment or the Constitution], even if such property is never situated within the jurisdiction of the United States,[1] and it may tax the income of a citizen or resident abroad, which is derived from property located at his residence.[2] The difference is explained by the fact that protection of the Federal Government follows the citizen wherever he goes, whereas the benefits of state government accrue only to persons and property within the State's borders."

This point is VERY important, because it clearly indicates from where the jurisdiction of the United States government to tax derives.  It isn’t mainly a geographical jurisdiction, but instead originates mainly from the taxable activities we engage in, such as a "trade or business", and also from our domicile.  Calling a person a "citizen" under the Internal Revenue Code simply implies that they maintain a "domicile" in the District of Columbia.  See:

http://famguardian.org/Subjects/Taxes/Articles/DomicileBasisForTaxation.htm

The jurisdiction to tax "trade or business" income doesn’t extend into the sovereign 50 Union states because the power of income taxation is reserved by the states under 1:2:3 and 1:9:4 of the Constitution.  However, federal jurisdiction to tax domiciliaries of the federal zone does extend to foreign countries under 26 U.S.C. §911.  The U.S. Supreme also admitted this in Cook v. Tait, 265 U.S. 47 (1924).  Those who are born in and domiciled in a state of the Union, however, are not counted as “citizens” under the Internal Revenue Code, as revealed in our article below:

http://famguardian.org/Subjects/Taxes/Citizenship/NotACitizenUnderIRC.htm

Instead, people domiciled in states of the Union are "nationals" or "state nationals" and should be careful to properly document their citizenship status on all government forms to ensure that the federal government is not deceived into thinking that they are domiciliaries of the federal zone.

Let’s first start off with a definition of “expatriation”:

“Expatriation: The voluntary act of abandoning or renouncing one’s country, and becoming the citizen or subject of another.”  [Black’s Law Dictionary, Sixth Edition, page 576]

Based on the above definition, we don’t need to abandon our NATIONALITY or allegiance to the country, we want to abandon our “U.S.** citizen” or “citzen of the [federal] United States” status under all “acts of Congress” and federal statutes as described in 8 U.S.C. §1401, so “expatriation” is definitely not the right word to describe exactly what we want to do.  Therefore, we have to invent a new word, and we’ll call it “amending” or “correcting” or “converting” your citizenship status.  There are two possible statuses that we can “convert” to: 

1.       "national" under 8 U.S.C. §1101(a)(21)

2.        "state national"

Which of these above two statuses you choose to convert to depends on the choice you make and your situation.  Below is a table summarizing the advantages and disadvantages of each as we understand them:

Table 8‑5: Citizenship Alternative Comparison

NOTES:  

1.    In the case of items 3, 4, and 9  above, some of our readers have been able to obtain  these benefits as "state nationals" or "nationals" by virtue of amending the government's forms electronically and identifying themselves as "California Nationals", for instance.  Another popular and successful technique is to redefine the term "U.S. citizen" used on the form to mean "California National" or to redefine the term "United States" to mean "United States***" the country, and not "United States**" the federal zone. The ignorant government clerks processing the forms have not noticed this and approved their applications anyway.

2.  The table above has one question mark that we aren't sure of based on reading the instruction.  That is the one under item 8 above. 32 CFR § 1602.3(b)(1) says that either "nationals" or "U.S. citizens" can serve in the U.S. military.  SECNAVINST 5510.30A, Appendix I, page I-1 also says that for the purposes of security clearances, "nationals" and "U.S. citizens" are equivalent.  The implication is therefore that you can be a "national" and still not lose your retirement benefits, but Chapter 6 of DOD 7000.14-R, Volume 7B doesn't explicitly say this.

The table above has one question mark that we aren't sure of based on reading the instruction.  That is the one under item 7 above. 32 CFR § 1602.3(b)(1) says that either "nationals" or "U.S. citizens" can serve in the U.S. military.  SECNAVINST 5510.30A, Appendix I, page I-1 also says that for the purposes of security clearances, "nationals" and "U.S. citizens" are equivalent.  The implication is therefore that you can be a “national" and still not lose your retirement benefits, but Chapter 6 of DOD 7000.14-R, Volume 7B doesn't explicitly say this.

 The procedures for achieving “national” rather than “U.S.** citizen” status are documented in 8 U.S.C. §1452.  This section documents how to become a “national”.  The procedures for becoming a "state national" are almost identical.  Only the citizenship correction notice in section 10.6.9 is different. 

Before we discuss the “how to” of “amending” your citizenship status, we’d like to emphasize that the U.S. Court of Appeals, D.C. Circuit, has stated in a still unchallenged ruling in 1957 that the right of expatriation is absolute in the case of Walter Briehl v. John Foster Dulles, 248 F2d 561, 583 (1957):

“Almost a century ago, Congress declared that "the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness," and decreed that "any declaration, instruction, opinion, order, or decision of any officers of this government which denies, restricts, impairs, or questions the right of expatriation, is hereby declared inconsistent with the fundamental principles of this government." 15 Stat. 223-224 (1868), R.S. § 1999, 8 U.S.C. § 800 (1940).[3] Although designed to apply especially to the rights of immigrants to shed their foreign nationalities, that Act of Congress "is also broad enough to cover, and does cover, the corresponding natural and inherent right of American citizens to expatriate themselves." Savorgnan v. United States, 1950, 338 U.S. 491, 498 note 11, 70 S. Ct. 292, 296, 94 L. Ed. 287.[4] The Supreme Court has held that the Citizenship Act of 1907 and the Nationality Act of 1940 "are to be read in the light of the declaration of policy favoring freedom of expatriation which stands unrepealed." Id., 338 U.S. at pages 498-499, 70 S. Ct. at page 296.That same light, I think, illuminates 22 U.S.C.A. § 211a and 8 U.S.C.A.§ 1185. Since expatriation is today impossible without leaving the country, the policy expressed by Congress in 1868 and never repealed precludes a reading of the passport and travel control statutes which would permit the Secretary of State to prevent citizens from leaving.”

You can read this case on our website in its entirety below:

http://famguardian.org/Subjects/LegalGovRef/Citizenship/BriehlVDulles248F2d561.htm

You will note that the 15 Statutes at large mentioned above, which authorize expatriation were passed by the U.S. Congress in 1868, just before the 14^th Amendment was passed, and allows people to change their citizenship as a way to escape encroachments on their life and liberty caused by the passage of both the 13^th and the 14^th Amendment.  Because correcting government records falsely representing your citizenship status is undertaken for the same reasons as expatriation above, it is just as valid a thing to do as expatriation.

How do you avoid being falsely "presumed" as a domiciliary of the federal zone, which includes “U.S.** citizen” under 8 U.S.C. §1401 or a "U.S. resident" under 26 U.S.C. §7701(b)(1)(A) so you can be treated as a “nonresident alien” in the context of the income tax?…by changing government documentation containing false information you filled out in ignorance to properly reflect your status as a "national" under federal statutes, or by "expatriating" from the country altogether.   Expatriation is the process of renouncing one’s citizenship in a country or a political jurisdiction.  Many people do it as a way to escape paying income taxes.  As a matter of fact, there is a whole section of the Internal Revenue Code, found in 26 U.S.C. §877 entitled “Expatriation to avoid tax” that tries to limit people’s ability to expatriate in order to avoid tax.  Therefore, it must be an effective tool to avoid income taxes because lawmakers have tried to outlaw it!  For your reference, below are a few of the laws dealing with expatriation that you might want to examine as you research the process and consequences of expatriation, which you can hotlink to from our website at http://famguardian.org/Subjects/LegalGovRef/Citizenship/Expatriation.htm:

• 8 U.S.C. Chapter 12:  Immigration and Nationality
• 8 U.S.C. 1481: Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions
• 8 CFR: CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
• 26 U.S.C. 877: Expatriation to Avoid Tax
• 26 U.S.C. 871(d): Nonresident Aliens and Foreign Corporations
• 26 C.F.R. 1.871-10(d): Election to treat real property income as effectively connected with U.S. business
• Escape Artist Website:  http://www.escapeartist.com/

“Expatriating” is one way we can guarantee that the federal government can never assert jurisdiction over us to impose income taxes.  “Converting” our citizenship has the same affect and is less drastic.  However, WHAT JURISDICTION should we “expatriate” or “convert” to, because there are three definitions of the term “United States” according to the U.S. Supreme Court in Hooven & Allison Co. v. Evatt, 324 U.S. 652 (1945)?  You might want to go back and review the definition of “United States” from section 4.6, entitled “The Three ‘United States’” at this time.

We’d like to clarify at this point that the term “nonresident alien” is a “word of art” that only has applicability within the context of limited income tax jurisdiction found in 26 U.S.C., and that its meaning is different there than it is elsewhere in the U.S. codes, and especially different from the definition found in 8 U.S.C., which talks about citizenship in U.S.* The Country, also known as the United States of America.  The reason is because of the definition of the term “United States” found in 26 U.S.C. §7701(a)(10), which we covered in sections 3.11.1.23 and 4.8 of the Great IRS Hoax as meaning the “federal zone”/U.S.** and not United States the country.  However, we must follow the same procedures to abandon the U.S.**/federal zone and our presumed federal "U.S.** citizen" status under "acts of Congress" and federal statutes as as we would use to expatriate our nationality in the country United States, because the presumptions and burden of proof standards are the same.

What is the procedure to abandon our "U.S. citizen" status but not our "Nationality"?  Below is a synopsis of the procedure, along with the reference from which that step derives based on our research:

Table 8-1:  A Process to Correct your citizenship status