ALL >> Legal >> View Article
Think Before Renouncing Your Us Citizenship
Section 349(a)(5) of the Immigration and Nationality Act (INA) governs the ability of a US citizen to renounce his/her US citizenship.
A person wishing to renounce his/her US Citizenship should do so voluntarily and with intent to relinquish US citizenship, should appear in person before a US consular or diplomatic officer. He/she should do so in a foreign country (normally at a US Embassy or Consulate) and will be required to sign an oath of renunciation.
Renunciations that do not meet the conditions described above have no effect legally. US citizens cannot effectively renounce their citizenship by mail, through an agent, or while being in US. In fact, US courts have held certain attempts to renounce US citizenship to be ineffective on a variety of grounds, as discussed below.
Effects Of Renouncing US Citizenship
Renounce All Rights and Privileges
A US citizen who wants to renounce his/her citizenship cannot decide to retain some of the privileges of citizenship, as this would lead to logical inconsistency with the concept ...
... of renunciation. The Department of State will not approve a loss of citizenship in such instances.
Dual Nationality/Statelessness
If you are intending to renounce your American citizenship, you should be aware that, unless you already have a foreign nationality, you might be rendered stateless and will result in the lack of protection from any government. You will also experience difficulty while traveling as you may not be entitled to a passport from any country.
Even if you are not stateless, you have to get a visa to travel to the US, or show that you are eligible for admission pursuant to the terms of the Visa Waiver Pilot Program (VWPP). If you are considered ineligible for a visa or the VWPP to come to the US, under certain circumstances you could be barred from entering the US. Nonetheless, renunciation of American citizenship may not prevent a foreign country from deporting you back to the US in some non-citizen status.
Tax and Military Obligations
Also, you should also be aware of the fact that if you renounce American citizenship, it may have no effect whatsoever on your US tax or military service obligations. Adding to this, renouncing American citizenship will not allow you to avoid possible prosecution for crimes which you may have committed in the US, or escape the repayment of financial obligations previously incurred in the US or what you incurred as a US citizen abroad.
Renunciation For Minor Children
You cannot renounce US citizenship on behalf of your minor children. Before an oath of renunciation will be administered, a person under the age of eighteen should be able to convince a US diplomatic or consular officer that he/she fully understands the nature and consequences of the oath of renunciation, is not subject to duress or undue influence, and is voluntarily seeking to renounce his/her citizenship.
Renunciation is Irrevocable
Another important fact to consider is that renunciation of American citizenship is irrevocable, except as provided in section 351 of the INA. It cannot be canceled or set aside. However, one who renounced his/her citizenship before the age of eighteen can have that citizenship reinstated if he/she makes that desire known to the Department of State within six months after attaining the age of eighteen.
If you are contemplating renouncing US citizenship, consider the effects of renouncing as described above before jumping to such a conclusion.
Add Comment
Legal Articles
1. Safeguard Your Child's Future With Top Legal Representation In DelhiAuthor: Nidhi Rajoura
2. How To Choose The Best Fingerprinting Agency In Edmonton
Author: Hardik Shah
3. Best Corporate Lawyers In Delhi: Navigating Business Success With Expert Legal Guidance
Author: Advocate Rahul Bhardwaj
4. Key Considerations In Uk Commercial Transactions: Legal Perspectives For Business Owners
Author: Rainer Hughes
5. How An Ri Divorce Lawyer Can Simplify Your Separation Process
Author: Law Office of John R. Grasso
6. How To Handle A Slip And Fall Case In Minnesota: A Comprehensive Guide Of Hiring A Lawyer
Author: sussmanlaw
7. Uk Spouse Visa Processing Time: Updated
Author: The SmartMove2UK
8. How A Minnesota Dog Bite Accident Attorney Can Help You Seek Justice
Author: sussmanlaw
9. Legal Remedies For Cyber Crime In India – Advocate Deepak
Author: Advocate Deepak
10. Legal Remedies For Cyber Crime: Advocate Deepak's Expertise
Author: Advocate Deepak
11. Mitigating Consequences For First-time Offenders: Defense Lawyers On Keeping Records Clean
Author: glennrroderman
12. The Benefits Of Hiring A Collective Bargaining Attorney In Nyc
Author: indexblogger
13. Interview Waiver For Us Visa Renewal - Everything You Need To Know
Author: Hardik Shah
14. Dui Lawyer Dinwidde Va
Author: Dui Lawyer Dinwidde VA
15. The Evolution Of Content Marketing For Law Firms: Trends And Innovations
Author: jamewilliams