Renouncing US Citizenship 2018-01-26T11:44:27+00:00

Renouncing US Citizenship

Are you a dual national seeking to give up your US citizenship?

Whatever your motivation for renouncing US citizenship, it will be critical to first understand the wider ramifications.

There are without question many benefits of holding US citizenship; the right to vote, unfettered entry and no US travel restrictions, access to the US job market, US government and consular protection while overseas. Given the irreversible nature of the process, these should all be factored into your decision to renounce US citizenship.

You must also ensure you hold relevant dual citizenship before undertaking the process, to avoid being deemed ‘stateless’.

NNU Immigration are here to help!

NNU Immigration are specialists across all areas of US citizenship and immigration, including renunciation of US citizenship.

Renouncing your US citizenship is a formal, legal and most importantly, irreversible act. It is a process to consider carefully.

If you believe you may wish to pursue this path please contact us for a comprehensive review of your circumstances and a detailed discussion about strategy, procedures, timing, and costs.

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Renouncing US Citizenship FAQs

What is the process to formally renounce US citizenship?

Those who wish to formally renounce their US citizenship may do so only outside the United States by appearing in person before a US consular or diplomatic officer and signing an oath of renunciation.

Once this is completed, the US Department of State will issue a Certificate of Loss of Nationality.

The particular process and the timing will vary depending on the US Embassy or Consulate where the oath of renunciation takes place.

Do I need to be a dual national to renounce US citizenship?

Persons intending to renounce US citizenship should be aware that, unless they already possess a foreign nationality, they may be rendered stateless and, thus, lack the protection of any government.

How will renunciation affect any future travel to the United States?

Once a person has renounced US citizenship they will be subject to US immigration and nationality law just as any non-US citizen would be.

This means that to gain entry into the US, the person will need to obtain a US visa or demonstrate they are eligible for admission into the US pursuant to the Visa Waiver Program.

Those who are ineligible for entry into the US for prior convictions for certain offenses (even if the conviction occurred while they were a US citizen) will need to obtain a waiver of inadmissibility prior to entry into the United States.

Anyone considering renunciation of US citizenship should retain a qualified US tax lawyer to ensure all reporting obligations have been met prior to taking a formal oath of renunciation.

Can I renounce my child’s US citizenship?

A parent may not renounce US citizenship on behalf of their minor children.

If a person under the age of 18 wishes to renounce US citizenship, they must convince the US diplomatic or consular officer that they fully understand the nature and consequences of the oath of renunciation, that they are not subject to duress or undue influence, and are voluntarily seeking to renounce their US citizenship.

Is renunciation reversible?

The act of renunciation is irrevocable and cannot be set aside absent a successful administrative or judicial appeal.
An exception exists if someone renounces US citizenship before the age of 18, they may have that citizenship reinstated if they make that desire known to the US Department of State within six months of attaining the age of 18.

What’s the difference between renouncing and relinquishing US citizenship?

Renouncing US citizenship is the formal, legal process of giving up US nationality.

‘Relinquishing’ refers to a native born or naturalized US citizen losing their citizenship by voluntarily performing any of the following expatriating acts with the intention of ‘relinquishing’ citizenship:

  • Obtaining naturalization in or taking an oath of allegiance to a foreign state after the age of 18;
  • Entering or service in the armed forces of a foreign state engaged in hostilities against the US or serving in any foreign army as a commissioned or non-commissioned officer;
  • Accepting, serving in or performing duties of any office, post or employment of a foreign government;
  • Making a formal renunciation of US citizenship before a diplomatic or consular officer on a US Department of State form or making a formal written renunciation whenever the US is in a state of war;  or
  • Committing an act of treason against, or attempting by force to overthrow or bearing arms against the US.

Therefore, an individual who has relinquished their citizenship may choose in time to renounce in formal and permanent recognition of their non-US status.

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