Loss of U.S. Citizenship

As a U.S. citizen you retain the right to relinquish your U.S. citizenship along with all derivative rights and privileges as you see fit.  However, though this may not seem like it would be the most complicated of immigration procedures there is still a lot you should be aware of before you attempt to renounce your citizenship.  The Department of State has a series of standards and procedures to ensure that the applicant for renunciation is fully aware of the implications of their actions and in certain cases with minors able to rescind their renunciation.

Eligibility

If you want to renounce your citizenship:

  1. You must be located in a foreign country.  It cannot be done in the U.S. because then you would be illegally present in the country.
  2. You must appear in person before a U.S. consular or diplomatic officer at an overseas embassy or consulate. You may not renounce citizenship via mail or agent/attorney.
  3. Your renunciation must be made in the manner described by the Secretary of State.
  4. You must have a full understanding of the matter and a true intention to renounce all rights and privileges of U.S. citizenship.
  5. You cannot state any desire to retain certain benefits that derive from your U.S. citizenship as this could be said to be a lack of the necessary intent to renounce citizenship or it could imply a lack of understanding and the Department of State will not approve the renunciation.
  6. The Attorney General must approve the renunciation  in the context of national security.

Procedure

  1. First, the petitioner must carefully consider if an irrevocable renunciation of your citizenship is really in their best interests.
  2. The petitioner should either already possess a foreign citizenship, be assured of acquiring a foreign citizenship after renouncing their U.S. nationality or be eligible to enter the United States again as a legal alien.
  3. When all arrangements and considerations have been taken into account then the petitioner must leave the U.S. and go to a foreign country with a U.S. embassy or consulate.
  4. Then the petitioner must perform the following acts with the voluntary intent to irrevocably relinquish your U.S. citizenship.
  5. The petitioner must make a formal renunciation of citizenship in front of a diplomatic or consular officer at a U.S. embassy or consulate according to the standards approved by the Secretary of State.
  6. You must sign an oath of renunciation.
  7. The Attorney General must approve your renunciation as not contrary to the interests of national defense.
  8. The Attorney General must then approve your certificate of loss of citizenship in order for the renunciation to be considered legally admissible.
  9. The petitioner is now officially not a U.S. citizen anymore.

Related Information


An official renunciation of U.S. citizenship is considered irrevocable unless it meets certain criteria:

  1. If the applicant renounced his or her citizenship before turning eighteen then the applicant can have their citizenship reinstated if they notify the Department of State of their desire six months before turning eighteen.
  2. In most cases the applicant is initially presumed to have voluntarily relinquished their citizenship. However, this presumption may be refuted if the applicant is able to provide evidence that the renunciation was not done voluntarily.
  3. If the applicant attempts to renounce their citizenship but does not do it in the manner prescribed by the Secretary of State then it will be considered to have no legal effect on the applicant’s citizenship.

Renunciation and Statelessness:
Unless you already possess another foreign citizenship or will attain one shortly after your renunciation you may be faced with the prospect of statelessness.  This is a very important issue to be aware of since it can leave you without any means of supporting yourself.  As a stateless person you would not be entitled to any government protection.  Travel between countries would be difficult if not impossible due to the fact that you would lose your passport with your citizenship and as a stateless person you would have no means of obtaining a passport from another country.  In addition, if for any reason you wanted to travel to the U.S. you would have to apply for a visa.  If your application was found ineligible you could be barred from ever returning to the United States.

FAQ's

Q1. If I renounce my U.S. citizenship will my criminal record/military service/ U.S. tax obligations or financial debts be canceled or forgiven?
If you are considering a renunciation of your U.S. citizenship in order to avoid a criminal record, military service or any tax or financial obligations then you should be aware of the fact that your renunciation will have absolutely no effect on the existence of these obligations.  

Q2. I am a U.S. citizen parent planning on renouncing my U.S. citizenship. In addition to this can I also renounce on behalf of my minor children?
If you are a U.S. citizen parent you may not renounce the citizenship of your minor children on their behalf.

Q3. As a U.S. citizen minor can I renounce my U.S. citizenship?
As a U.S. citizen you retain the right to renounce your U.S. citizenship. However, as a minor under the age of eighteen you must appear before a U.S. consular officer to provide evidence that you are fully aware of and understand the consequences of taking the oath of renunciation, are not under any form of external pressure to renounce and are voluntarily seeking renunciation. Additionally, you may rescind your renunciation if you notify the Department of State six months before your 18th birthday.


 
 
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