Renunciation of U.S. Citizenship

1. What are the requirements to renounce U.S. citizenship?


The requirements to renounce U.S. citizenship are outlined in Section 349 of the Immigration and Nationality Act (INA). In order to renounce U.S. citizenship, a person must:

1. Appear in person before a U.S. diplomatic or consular officer at a U.S. embassy or consulate abroad;

2. Make a formal renunciation of nationality before a U.S. consular or diplomatic officer;

3. Sign an oath of renunciation;

4. Pay any taxes due the United States; and

5. Possess a valid foreign passport or other travel document permitting them to depart from the United States.

2. How do I formally renounce my U.S. citizenship?


To formally renounce U.S. citizenship, an individual must appear in person before a U.S. consular or diplomatic officer in a foreign country, in most cases at a U.S. Embassy or Consulate. An individual must also submit a signed Declaration of Renunciation of Nationality of the United States form (DS-4080). The U.S. Department of State also requires all renunciants to appear in person and sign an oath of renunciation, which is included in the DS-4081 Renunciation of U.S. Nationality before a U.S. consular or diplomatic officer. Before taking the oath, the individual must also pay a fee and present evidence of his/her identity and intent to relinquish U.S. citizenship.

3. What documents must I provide when filing a renunciation of U.S. citizenship?


When filing a renunciation of U.S. citizenship, you must provide a signed and dated Form DS-4079, Application for Certificate of Loss of Nationality, along with the following documents:

– Proof of identity, such as a passport, driver’s license, or government-issued identification card
– Documentary evidence of U.S. citizenship, such as a Certificate of Naturalization or Certificate of U.S. Citizenship
– Evidence of renunciation or relinquishment of U.S. citizenship, such as a signed and witnessed oath or affidavit
– A statement from the Department of State confirming that you have fulfilled all applicable U.S. tax obligations
– Documents showing that you have complied with the applicable laws and regulations of the foreign country in which you are living
– Two passport-style photographs
– A fee for processing the application

4. What are the consequences of renouncing U.S. citizenship?


Renouncing U.S. citizenship can have a variety of consequences, including the potential loss of certain benefits, the need to pay back taxes, and possible difficulty in obtaining visas or other travel documents for international travel.

In addition, those considering renouncing their U.S. citizenship must pay an “expatriation tax” which is a capital gains tax on all accumulated accrued income since becoming a U.S. citizen. This includes income from investments, rental properties, and any other investments you may have made over the years.

Lastly, individuals who renounce their U.S. citizenship will no longer be able to vote in any U.S. elections or receive protection from the U.S. government while abroad.

5. Is there a fee for renouncing U.S. citizenship?


Yes, there is a fee for renouncing U.S. citizenship. The fee is $2,350 and applies to adult citizens who are 18 years of age and over. The fee is nonrefundable and must be paid in advance of the oath ceremony.

6. How can I review the U.S. State Department’s policy on renunciation of citizenship?


You can review the U.S. State Department’s policy on renunciation of citizenship by visiting their website. On the website, you can find a comprehensive FAQ about renunciation, as well as a form to fill out and submit to the State Department to initiate the process. Additionally, you can read the State Department’s official policy on this matter located in the Foreign Affairs Manual, which can be found on their website.

7. Are there any exceptions to the requirement to renounce one’s U.S. citizenship?


Yes, there are certain exceptions to the requirement to renounce one’s U.S. citizenship. Individuals who are dual citizens at birth, those who are naturalized through marriage to a foreign citizen, and certain former citizens who reacquired citizenship through Section 322 of the Immigration and Nationality Act may not have to renounce their U.S. citizenship in order to keep their foreign citizenship.

8. Will I be able to enter the United States after I have renounced my citizenship?


No, you will not be able to enter the United States after you have renounced your citizenship. You will need to apply for a visa or an entry permit as a foreigner in order to gain entry into the United States.

9. Do I need to provide proof that I am a citizen of another country before I can renounce my U.S. citizenship?


Yes. You must provide proof of your citizenship in another country before you can renounce your U.S. citizenship. This can be done by presenting a valid passport or other government-issued identity document from the other country.

10. Is it possible to reverse a decision to renounce U.S. citizenship?


It is possible to reverse a decision to renounce U.S. citizenship, but it is a complicated process and requires approval from the Department of State. Generally, the individual must demonstrate that they did not fully understand the implications of renouncing their citizenship, or that they were not acting voluntarily when they renounced.

11. Am I required to surrender my passport when I renounce my U.S. citizenship?


Yes, you are required to surrender your passport when you renounce your U.S. citizenship. You also need to complete Form DS-4083, Statement of Voluntary Relinquishment of U.S. Nationality, and submit it to the U.S. embassy or consulate.

12. Are there any other countries besides the United States that allow for the renunciation of citizenship?


Yes, many countries allow citizens to renounce their citizenship. These include Argentina, Belgium, Canada, Denmark, France, Germany, India, Ireland, Israel, Italy, Mexico, New Zealand, Norway, Spain, Sweden, Switzerland and the United Kingdom.

13. Is there a specific age requirement to renounce U.S. citizenship?


Yes, the U.S. Department of State requires that individuals wishing to renounce their U.S. citizenship must be at least 18 years old and of sound mind.

14. How long does the process of renouncing U.S. citizenship take?


The exact timeline for renouncing U.S. citizenship depends on the individual, but it may take several months or longer. The process involves completing paperwork, appearing in person for an appointment at a U.S. embassy or consulate, and paying any applicable fees.

15. What is the process for notifying the IRS of my decision to renounce my U.S. citizenship?


The process for renouncing U.S. citizenship is outlined in the IRS publication “Renunciation of U.S. Citizenship” (Form 8854). The form can be obtained by contacting the IRS or by downloading it from their website. You will need to complete the form and submit it to the IRS with all applicable documents and fees. The IRS will then review the information and make a determination as to whether or not your renunciation is accepted. Once your renunciation is accepted, you will be notified of the decision in writing.

16. Are there any tax implications when renouncing one’s U.S. citizenship?


Yes, there can be tax implications when renouncing U.S. citizenship. U.S. citizens are required to pay taxes on their worldwide income, no matter where they reside. When individuals renounce their U.S. citizenship, they must still pay any taxes that are owed for years prior to their renunciation date. Additionally, individuals who have a net worth of over $2 million or have an average annual net income tax for the past five years of $157,000 or more, may be subject to an “exit tax” when they renounce their citizenship.

17. Can I retain dual citizenship if I wish to renounce my U.S. citizenship?


Yes, you can retain dual citizenship if you wish to renounce your U.S. citizenship. Many countries allow dual citizenship, which means you can keep your original citizenship even after becoming a citizen of another country. You should check with the other country’s embassy or consulate to determine their specific policies and requirements.

18. Is there a minimum length of time that one must live in a foreign country in order to be eligible for renouncing U.S citizenship?


No, there is no minimum length of time that one must live in a foreign country in order to renounce U.S. citizenship. However, U.S. law requires that a person demonstrate a clear intent to renounce their citizenship prior to taking any action that would lead to the loss of citizenship. This could include an extended stay in a foreign country, statements or actions made while abroad, or filing a formal application with the U.S. State Department.

19. Do I need to provide references when filing a form to renounce my U.S citizenship?


No, you do not need to provide references when filing a form to renounce your U.S citizenship.

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