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Giving up U.S. Citizenship? Renounce vs. Relinquish

Nov 22, 2020 News

ImmigrationINFO
Immigration News For Our Community 

By Attorney Gail S. Seeram

Kaieteur News – More than 5,800 Americans gave up their citizenship in the first six months of 2020 compared to the 2,072 Americans who renounced their citizenship in all of 2019, according to Bambridge Accountants. The firm said it examined public data, published by the US government every three months, of the names of all Americans who give up their citizenship.

RENOUNCE U.S. CITIZENSHIP:
A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship perform the following acts before receiving a Certificate of Loss of Nationality which is effective immediately: appear in person before a U.S. consular or diplomatic officer; in a foreign country at a U.S. Embassy or Consulate; AND
sign an oath of renunciation.
Renunciations that do not meet ALL the conditions described above have no legal effect.
Because of the provisions of Section 349(a)(5), U.S. citizens can only renounce their citizenship in person, and therefore cannot do so by mail, electronically, or through agents. Those contemplating a renunciation of U.S. citizenship should understand that the act is irrevocable and cannot be cancelled or set aside absent a successful administrative review or judicial appeal.

RELINQUISH U.S. CITIZENSHIP:
The initial process for relinquishing is largely the same as renouncing, starting with an appointment through the consulate. Instead of renouncing, however, you’re aiming for a Certificate of Loss of Nationality applied retroactively.
There are several ways U.S. citizens can claim the retroactive loss of citizenship provided that, at the time of committing a so-called “expatriating act,” they also had the intention of losing their nationality. According to U.S. immigration law, these expatriating acts include:
applying for and receiving naturalization in a foreign state; taking an oath or making a formal declaration of allegiance to a foreign state; or accepting employment in or serving in a foreign state government (see the full list of expatriating acts here: https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1481&num=0&edition=prelim)
You must show you did the act voluntarily AND prove you lost the citizenship. The other test is, when did you do it with the express intention that you would lose U.S. citizenship?
Americans may voluntarily choose to give up their citizenship for some of these reasons: (1) avoidance of paying U.S. taxes, (2) unhappy with U.S. political climate, (3) unhappy with U.S. response to coronavirus pandemic, (4) seek foreign diplomatic office; and (5) don’t want to report foreign bank accounts.
(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper.)
Attorney Gail Seeram, LL.M., J.D., BBA
Call | text 407-292-7730
WhatsApp 407-353-1363
Email: [email protected]
Live chat: www.GailLaw.com
Download FREE App: Gail Law
NOTE: Immigration Law Offices of Gail S. Seeram offers a free consultation to discuss related fees for a process and explain options. Our office will NOT tell you how to complete the legal process on your own. If you seek legal representation, then legal fees will be due to our office.
Copyright © Law Offices of Gail S. Seeram, 2020. All Rights Reserved.

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