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What is the process of surrendering your citizenship called?

by Guest59581  |  earlier

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  1. Renunciation or expatriation.

    Renunciation, or expatriation, is the most unequivocal way in which a person can relinquish U.S. citizenship. The Immigration and Nationality Act (INA) provides for persons to voluntarily relinquish citizenship by “making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State.”  A person wishing to renounce his or her U.S. citizenship must (1) appear in person before a U.S. consular or diplomatic officer, (2) be in a foreign country (normally at a U.S. Embassy or Consulate); and (3) sign an oath of renunciation. Renunciations that do not meet these conditions have no legal effect. Therefore, Americans cannot effectively renounce their citizenship by mail, through an agent, or while in the United States.  Parents cannot renounce U.S. citizenship on behalf of their minor children. Before an oath of renunciation will be administered under the INA, a person under the age of 18 must convince a U.S. diplomatic or consular officer that he or she fully understands the nature and consequences of the oath of renunciation and is voluntarily seeking to renounce his or her U.S. citizenship. United States common law establishes an age limit of 14 under which a child’s understanding must be established by substantial evidence. Additionally, a person cannot seek to retain some of the privileges of citizenship while also renouncing U.S. citizenship. This would be logically inconsistent with the concept of citizenship.

    Thus, a request for conditional, or partial, renunciation would not be approved by the State Department. A person who renounces his or her U.S. citizenship may become stateless unless he or she already possesses the citizenship of another country. If this occurs, the individual would lack the protection of any government and may have difficulty traveling, since he or she may not be entitled to a passport from any country. Renunciation of U.S. citizenship, however, may not prevent a foreign country from deporting that individual back to the United States in some noncitizen status. Further, renunciation of U.S. citizenship has no effect on an individual’s U.S. tax or military service obligations, and cannot protect against possible prosecution for crimes committed in the United States, or requirements for repayment of financial obligations incurred in the United States. Renunciation of U.S. citizenship is irrevocable, except as provided in the INA, and cannot be canceled without successful administrative or judicial appeal, except in the case of a person who renounced his or her U.S. citizenship before the age of 18. Such a person can have citizenship reinstated if he or she makes that desire known to the Department of State within 6 months after attaining the age of 18.

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