THE RISK OF LOSING U.S. CITIZENSHIP AND / OR RENOUNCING

Does a U.S. citizen who acquires a second passport and takes an oath of allegiance to his new country lose his U.S. citizenship?

Grandpa’s Answer:

The short answer is “No.”

In order to get rid of USA Citizenship, one needs to turn in his passport, and formally renounce in a U.S. Consulate outside of the U.S.A. To have his renunciation accepted, he also needs to prove that he has a new passport and citizenship. Then, a signed and witnessed renunciation form needs to be accepted by the Consul and later the U.S. State Department.

The wait for an appointment to renounce as of 2011 may be up to two years or more in many consulates. It may take another considerable period of waiting time for a U.S.-issued government certificate to arrive in the mail. This certificate accepts renunciation and grants loss of nationality.

The State Department will, after approval by a consular official, normally issue a certificate of loss of nationality.

For Grandpa’s private clients only, there may be a few other options possible. 

Suppose an individual:

A) Wants to be a citizen for some purposes and not for others, or;

B) Wants to regain renounced or relinquished citizenship, or;

C) Wants to renounce “instantly” and not wait the up to two years for it to be granted by BB.

Expert help is needed to implement such “solutions.” They would be appropriate or needed only in rare cases.

In Sweden or Singapore and a few other places, for instance, a condition of getting local citizenship may be formally renouncing any other citizenships. For U.S. citizens in Sweden and many other countries, producing the government-issued certificate accepting renunciation is required. Note however, such renunciations may in some cases, if properly handled, be later rescinded.

A U.S. citizen who has renounced will no longer have a U.S. passport. He or she needs a visa to enter the USA and may also need a tax clearance certificate from the IRS to leave. However, if the country of new citizenship is in the Visa Waiver program, as all EU countries are, no visa is needed for a tourist visit.

The new passport will show an American birthplace, and this fact could lead to a grilling at borders.

“Are you still a citizen? Show us your renunciation certificate.”

The above information is provided for general guidance by grandpa and should not be considered as legal advice.

The advice below comes direct from the U.S. State Department:

A person who:

1. is naturalized in a foreign country;

2. takes a routine oath of allegiance to a foreign state;

3. serves in the armed forces of a foreign state not engaged in hostilities with the

United States, or;

4. accepts non-policy level employment with a foreign government, and in so

doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed.

When, as the result of an individual’s inquiry or an individual’s application for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. citizen has performed an act made potentially expatriating by Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4) as described above, the consular officer will simply ask the applicant if there was intent to relinquish U.S. citizenship when performing the act. If the answer is no, the consular officer will certify that it was not the person’s intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship.

PERSONS WHO WISH TO RELINQUISH U.S. CITIZENSHIP

If the answer to the question regarding intent to relinquish citizenship is “yes,” then the person concerned will be asked to complete a questionnaire to ascertain his or her intent toward U.S. citizenship. When the questionnaire is completed and the voluntary relinquishment statement is signed by the expatriate, the consular officer will proceed to prepare a Certificate of Loss of Nationality (CLN). The certificate will be forwarded to the Department of State for consideration and, if appropriate, approval will follow.

An individual who has performed any of the acts made potentially expatriating by statute who wishes to lose U.S. citizenship may do so by affirming in writing to a U.S. consular officer that the act was performed with an intent to relinquish U.S. citizenship. Of course, a person always has the option of seeking to formally renounce U.S. citizenship abroad in accordance with Section 349 (a) (5) INA.

This information believed to be current as of January 2011. Grandpa

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