Mexican Treaty. International Child Support Enforcement. International Prisoner Transfer Program. Information for Lawyers and Judges. Advice about Possible Loss of U. Nationality and Dual Nationality. Dual Nationality. Advice About Possible Loss of U. Nationality and Foreign Military Service. That section of law provides for the loss of nationality by voluntarily and with the intention of relinquishing nationality:. A person wishing to renounce his or her U.
Renunciations abroad that do not meet the conditions described above have no legal effect. Because of the provisions of Section a 5 , U. In fact, U. Questions concerning renunciation of U. A person seeking to renounce U. In the case of Colon v. Department of State , 2 F.
Persons intending to renounce U. They may also have difficulty traveling as they may not be entitled to a passport from any country. Statelessness can present severe hardships: the ability to own or rent property, work, marry, receive medical or other benefits, and attend school can be affected.
Former U. If unable to qualify for a visa, the person could be permanently barred from entering the United States. If the Department of Homeland Security determines that the renunciation is motivated by tax avoidance purposes, the individual will be found inadmissible to the United States under Section a 10 E of the Immigration and Nationality Act 8 U. Persons who wish to renounce U. Selective Service for more information. In addition, the act of renouncing U. Citizenship is a status that is personal to the U.
Therefore parents may not renounce the citizenship of their minor children. Minors seeking to renounce their U. Children under 16 are presumed not to have the requisite maturity and knowing intent to relinquish citizenship; children under 18 are provided additional safeguards during the renunciation process, and their cases are afforded very careful consideration by post and the Department to assess their voluntariness and informed intent.
Unless there are emergent circumstances, minors may wish to wait until age 18 to renounce citizenship. Finally, those contemplating a renunciation of U. That may, although far less frequently, include a visa for transiting through a country. Take Thailand as an example. It is pretty easy to get a visa in some of these countries, even though they require that you get one. I came back the next day and, even though they thought it would be difficult to obtain since the Comoros passport has Arabic on it, I got a visa.
There is also the chance that you may have an easier time traveling with your new primary passport. Some passports — like Grenada, for example — have visa-free access to Russia and China, and Russia is one country that is particularly difficult for Americans to enter.
With your new passport, then, you may have visa-free access to other countries that you had trouble getting into with your old US passport. US citizenship comes with a few advantages. In most cases, you can no longer do this. Doing this as an Australian or Canadian citizen would establish your tax residency in the country, building a case against you and forcing you into the Nomad tax trap.
One way around this issue so that you can still give banks and other people US addresses is by setting up a mailbox service in the United States, even after you renounce. So, having a residence permit is a good idea, not only to help you get visas but to help you with the financial system. There are other things that you should prepare for as well if you plan to maintain a successful offshore life.
Really, being a nomad is increasingly uninteresting for immigration and banking purposes. Many people worry that they will lose their right to government benefits if they renounce. They think about all the years they paid into the system and wonder if all their contributions will be lost if they choose to renounce. I fully addressed this concern in an article on government benefits and renunciation where you can get all the details, but the bottom line is that, while you may lose access to some benefits, you will not lose them all.
Social Security is the main benefit you will maintain access to after your renunciation. You can receive your payments overseas and, as long as you have worked at least 40 calendar quarters 10 years in the United States, you will continue to receive your Social Security benefits even after you renounce your US citizenship.
You also maintain your right to Medicare benefits; the catch is that most of those benefits are only available in the US. So, while you maintain the right, you do not maintain access. You may have the possibility of using your Medicare benefits during a trip to the US if you can procure a visa, but there is no guarantee. The benefits that you will lose all rights to when you renounce are military benefits, municipal pensions, state government pensions, etc.
Though you will maintain your Social Security benefits, it is important to understand that once you renounce your US citizenship you cannot get it back. Will you end up on a list and never be able to visit America if you renounce? Depending on where you have citizenship, you could enter the US the very next day, no problem. Can you only return to America for a few days a year?
Most visas will give you 90 days at a time and you can easily renew them by leaving the country and coming back. When you are no longer a US citizen, if the day after you renounce you want to declare a dividend from a foreign company or open a new bank account or start a corporation, you no longer have to report any of those things.
You do not have to report anything new that you do as a non-US citizen on your final US tax return. There are also other laws that should no longer apply to you such as the foreign corrupt practices act and US foreign sanctions. As a final note, if you are considering renouncing your US citizenship for any reason, make sure to look at all your options for getting a second passport first.
This will be one of your most important tools in preserving your freedom if things start to really fall apart at home. Otherwise, you face the risk of becoming stateless upon renouncing your US citizenship.
This is one reason we discuss the importance of having a Plan B so often here at Nomad Capitalist. Its Free. There are ways to keep US military reserve retirement pay, and Veterans Affairs payments and federal employee pensions are not affected by loss of citizenship.
As he stated you do NOT lose social security benefits. Just that Medicare is only accessible while in the US. If you have social security or a pension plan and if you move to another country there is a penalty, and the us will take a piece of your hard earned money. So is not that simple to just pack up and leave.
We are restricted prisoners of the country. Think about, get informed. Thanks for all of the info. My big question, that no one seems to have an answer on, is if I renounce citizenship abroad, can I reapply for a green card later on?
I never wanted to stay. But as a strategic move, I did become a naturalised American citizen in ; just in case my American-based parents became ill and I needed to return.
Shortly after naturalisation, I met my American spouse and married. I have no interest in keeping the American citizenship as I have no emotional ties to the country, will never vote overseas, already never use the U.
But just in case, for example, my American spouse hates life in Australia, and wants to move back, would they be able to sponsor me for American residency? I have UK and US citizenship. We live in The Philippines. If I renounce can my family keep their citizenship and could they even, later in life, sponsor me to return to the US. I am the only person the family earning an income and my main reason for renunciation would be tax filing.
I have been living in Germany for almost 30 yrs. If I want to renounce my citizenship, what burdens will I be faced with regarding the Form and such? Hi im a usa citizenship n my daughter n husband are in Guyana can i canacl my citizenship to be with them forever because i dont want to be a USA citizenship.
Desire to be free of the IRS filing requirement. Desire to no longer be liable for or subject to any possible US tax burden fyi So far I have never had to pay any US tax, but that may change.
My now elderly parents have remained in the USA. I am fearful about cutting myself off of the USA and being unable to stay for an extended period beyond the 90 day visa waiver period to care for my parents in the event they should suffer an extended period of illness or failing health.
So far Ive only been able to identify the E-1 and E-2 visas as possibilities, but they strike me as quite limiting given the requirement for business or investment activity in the US. Are there in your view any other realistic alternatives apart from the E-1 and E-2 visas? Can you suggest for those who have renounced or are seriously considering renunciation of US citizenship and who also already hold another Tier 1 passport from a visa waiver country what strategies can be considered for purposes of remaining in the USA for longer than 90 days Green Card excluded?
You can apply for a visa to stay more than 90 days, you just need to go through the application process like non ESTA and have a good reason ie sick parent walking the PCT.
I believe you can also string a couple of 90 day visas together if you leave farther than Canada and Mexico for more than 1 day. Just a comment on having to go to 2 interviews.
Hi Lesley, I also live in Toronto and I am looking into doing the same thing. Can I contact you with some questions? Thank you, Patrick [email protected]. Very informative. I will soon renounce my US citizenship which I acquired as a birthright.
My calls to the Embassy were not answered. Finally got out with Turkish Airlines; priority was Turkish citizens but they took all other nations when there was available seats and at no cost! Since I have not lived in the US for many years I was told by a high ranking Embassy official I could not get citizenship for my daughter born in Europe. Besides, Europe is a much more interesting place to be.
Ultimately, if I was to return to the North American continent, it would have to be Canada. I fact, having a EU passport will open up more countries for me to work without the need to apply for a permit.
So, all that considered, not much of a thought process required as to what needs to be done on my part. In cases like this, you need to get a simple picture frames. A vector path, no matter what the twists and turns are, will be more elastic and scalable. Then it is not important when it is heads or tail, you can predict the ultimate results. I believe that there is a form that one must fill out its a something like that do you know please. Hi, I am an Indian citizen having a US green card.
My daughter was born in the US. Now, she is We have decided to move to India. After completing her 12th standard, she wants to persue a medical degree in India. As an NRI, we have to pay 1. Can she get her US passport back in the future since she was born in the US? My interview is in 3 weeks. Excellent post. Keep writing such kind of info on your blog. Im really impressed by your blog. Is there anything I should know that is not in this article.
I spoke to someone in a European stock brokerage firm about possibly being their client once I am no longer an American citizen and they told me that even if after I renounce my citizenship, I will still have to wait years before I can start trading.
This is the first time I am hearing about this. More financials each year now ban anyone who has ever been a US citizen for example, everyone with a US place of birth , admits to having ever held a green card or even met the US substantial presence test.
Especially here in Singapore where, to be blunt, the attitude towards Americans is now overwhelmingly to take a hike and get lost. Most countries are eventually asking all existing account holders, not just new ones, to certify their US status. As for renouncing, you likely need to become tax compliant by submitting years of tax and fbar returns. Even if you owe no taxes, there can be very high penalties eg.
It can quickly add up to a huge amount in fines and interest. While there may be benefits of renouncing your U. For instance, you can keep your investments, rental properties or anything else even if you renounce. Filing U. Expat deductions and credits Tax Penalties and Fines for U. Expats Renouncing U. No formal notification needs to take place for the U. The fee to renounce U.
Briefly stated, these acts include: 1. This could be advantageous in a few scenarios: If the expatriating act occurred before , then no further action is needed for tax purposes. If the taxpayer has children born after the expatriating act and wants to keep the children out of the U. If the parent was not a U. There are two exceptions to these rules: People born with dual citizenship are still resident and subject to tax in their country of second residence and citizenship.
You are not a covered expatriate if both of the following conditions are true: Your relinquishment of U. To relinquish the U. Citizenship or Residence you will need to do the following: 1. Get a second citizenship in another country. Leave the U. Appear before the U. Consul in that country.
File Form , the Expatriation Information Statement. Pay the due Exit Tax. If the spouse who receives the gifts is a U. There are a few other conditions to consider and you may want to consult professional advice from an expat tax company for your own sake.
This means that if you are married and filing taxes jointly, you must use your net tax liability on your joint returns, even if only one of you is expatriating. You may need to file separately for several years before you expatriate to lower your average tax liability on your join returns.
If you have failed to certify five years of U. Make it your goal to achieve a final, clean break from the U. To renounce you will need to bring the following documents: Evidence of U. What does it mean?
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