How to give up US citizenship04:41 Feb 16 2011
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Loss of United States citizenship
It is the right of every U. S. citizen to remain a citizen until he or she intends to give up citizenship. It
is also the right of each U. S. citizen to relinquish U. S. citizenship. Thus, a person can lose U. S.
citizenship only if he or she voluntarily performs an expatriating act with the intent to relinquish.
Expatriation is irrevocable and means that the person has relinquished all of the rights and duties of
a citizen of the United States. Since the U. S. Government has an interest in knowing with certainty
who is a U. S. citizen, it has established by law the procedures for determining when a person has
relinquished his or her citizenship.
Expatriating acts
You cannot lose your citizenship unless you voluntarily perform an expatriating act. Expatriating
acts are designated by law.
Intent to relinquish
If you have voluntarily performed one of the seven expatriating acts, the government must
determine whether you did so intending to relinquish your U. S. citizenship. This determination is
made under guidelines based upon Supreme Court cases. The two most important cases are Afroyin
v. Rusk and Vance v. Terrazas. The essential holding of each of these cases is set out below.
The time for the determination of the person’s intent with regard to retention or relinquishing of
citizenship is the time of the performance of the designated act. An intent formulated at any time
before or after the person performs the expatriating act may not be directly relevant to the question
of relinquishment of citizenship.
What are expatriating acts?
There are seven expatriating acts designated in Section 349(a) of the Immigration and Nationality
Act by which a native born or naturalized U.S. citizen may lose his nationality. They are as follows:
(1) Obtaining naturalization in a foreign state.
(2) Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign
state or political subdivision thereof.
(3) Entering, or serving in, the armed forces of a foreign state.
(4) Accepting, serving in, or performing the duties of any office, post, or employment under the
government of a foreign state.
(5) Making a formal renunciation of nationality before a diplomatic or consular officer of the United
States in a foreign state, in such form as may be prescribed by the Secretary of State.
(6) Making in the United States a formal written renunciation of nationality in such form as may be
prescribed by, and before such officer as may be designated by the Attorney General. (Only under
wartime situations).
(7) Committing any act of treason against, or attempting by force to overthrow, or bearing arms
against, the United States.
Preserving United States citizenship
If you have performed or intend to perform an expatriating act, or if you have any questions
concerning the rights or duties of citizenship, the nature of the statutory expatriating acts, or the
question of intent to relinquish citizenship; you are urged to contact the closest U.S. Embassy or
Consulate.
Losing your citizenship
For a natural-born citizen, losing your citizenship is actually quite difficult. The law prohibits the
taking of your citizenship against your will, but there are certain actions a citizen can take which are
assumed to be a free-will decision that constitutes a voluntary renunciation of the citizenship.
Moving to another country for an extended period of time does not constitute an act that presumes
renunciation. Neither does taking a routine-level job with a foreign government. This stand is quite
different from U.S. policy of the past, where even being naturalized in another nation could be seen
as renunciation. The sections of the law that pertained to losing ones nationality for many of these
cases was found at 8 USC 1482 and related sections.
The U.S. Code does, however, see some acts as creating the possibility of a loss of nationality. When
you lose your U.S. nationality, you are no longer under the protection or jurisdiction of the United
States. When the United States considers you to no longer be of U.S. nationality, it in effect considers
you to no longer be a citizen. Note that these are things you can do that may force you to lose your
citizenship. The law also says that these acts must be voluntary and with the intent of losing U.S.
citizenship. The ways to lose citizenship are detailed in 8 USC 1481:
* Becoming naturalized in another country
* Swearing an oath of allegiance to another country
* Serving in the armed forces of a nation at war with the U.S., or if you are an officer in that force
* Working for the government of another nation if doing so requires that you become naturalized
or that you swear an oath of allegiance
* Formally renouncing citizenship at a U.S. consular office
* Formally renouncing citizenship to the U.S. Attorney General
* By being convicted of committing treason
Abandonment or Renunciation of Your US Citizenship
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Maybe, after being disappointed in a big election or disagreeing with the government's policy on some foreign policy issue, you've heard someone say, "I give up my American citizenship and I'm leaving the country!" Maybe you've said it. We normally don't take anyone seriously, though, especially if he's a naturalized citizen.
As a naturalized citizen, you worked hard through a long process to become a US citizen. Do you really want to give up all of the rights and privileges that you've worked so hard for? It's possible to abandon or renounce your US citizenship. Although it's not as easy as simply announcing to the world that you're "giving it up," there are several things that, if done by you intentionally, will automatically cancel your US citizenship.
Voluntary Acts
The US immigration laws are very specific about what it takes to abandon or give up your US citizenship. You have to perform or do any one of several listed things, and you have to do it voluntarily and with the intention of giving up your US citizenship. In other words, it's nearly impossible to lose your US citizenship accidentally.
Whoever claims that a US citizen has renounced her citizenship has the burden of proving it. If you do one of the acts specified in the law, it'll be presumed that you did it voluntarily. That is, the US Citizenship and Immigration Services (USCIS) or the US Department of State, which are in charge of these citizenship issues, will assume that you meant to give up your US citizenship. You can rebut or disprove that presumption, though, by giving evidence that you didn't intend to lose your citizenship or that you didn't perform one of the specified acts.
Your citizenship is lost automatically if you :
* Formally renounce your citizenship
* Become a naturalized citizen in another country after you turn 18 years old
* Take some jobs with a foreign government after you turn 18
* Serve in the armed forces of a foreign country, under certain circumstances
* Commit treason against the US
Formally Renouncing Citizenship
This is the surest way to give up your citizenship. Generally, you have to go before a US consular or diplomatic officer in a foreign country, usually at the US Embassy or Consulate in the country where you want to live, and sign an oath of renunciation. The oath of renunciation is then forwarded to the US State Department, along with a certificate of loss of nationality.
With one exception, you can't renounce your US citizenship while you're in the US or one its territories, such as Puerto Rico.
If the US is at war, you can formally renounce your citizenship while you're still in the US, or one its territories, by putting your renunciation in writing and sending it to the US Attorney General.
In most cases, once you've renounced your US citizenship you can't change your mind and you can't become a US citizen ever again. There's one important exception, however. If you renounced your US citizenship before your 18th birthday, you may have your citizenship reinstated if you inform the State Department of your desire and you do so within six months after turning 18 years old.
Naturalization Elsewhere
If, after your 18th birthday, you become a naturalized citizen of a foreign country (or take an oath of allegiance to that country), your US citizenship may be lost. Under the old immigration laws, your act of becoming a citizen of another country was considered to be an act contrary to being a US citizen, and so citizenship was automatically lost. The law today is different.
If you become a naturalized citizen of another country, it'll be presumed that you don't want to lose your US citizenship. If the US embassy or consular officer finds out about your naturalization, you'll be asked to complete a questionnaire about your intentions. Unless you make an affirmative, direct statement that you intended to give up your citizenship, you'll still be considered a US citizen.
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- Contact an Immigration Lawyer in your area, and read about Selecting a Lawyer
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Related Web Links
- US Citizenship and Immigration Services
The Immigration and Nationality Act of 1952 stipulates that Americans wishing to renounce their U.S. citizenship must sign an oath of renunciation in the presence of a diplomatic or consular officer. The oath reads: "I hereby absolutely and entirely renounce my United States nationality, together with all rights and privileges and all duties of allegiance and fidelity." The renunciation must take place in a foreign country.
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