Post Citizenship Passport Question

[MiriamT]

In my example above, the U.S. citizen is <b>relinquishing</b> (not renouncing) U.S. citizenship <b>by committing an expatriating act</b> (i.e., voluntarily obtaining Canadian citizenship) <b>with the intent to relinquish U.S. citizenship</b>. The letter to the consulate, filing a final tax return, etc., are all merely intended to establish and document that the expatriating act (obtaining Canadian citizenship) was done with the intent to relinquish citizenship. (A problem many people have with their relinquishment of citizenship is their inability to provide adequate documentation of their intention at the time they committed an expatriating act. Clear, unambiguous and consistent documentation and behaviour are necessary to establish intent and a date certain of relinquishment.)

Renouncing citizenship is not the same as relinquishing it. Renouncement requires the filing of, and subsequent approval of, a petition to the U.S. Department of State, along with a hefty filing fee. A successful renouncement will result in a certificate attesting that one is no longer a U.S. citizen effective a date certain. A relinquishment is not generally acknowledge by a certificate, but is, nonetheless, a legal, valid, and court sanctioned method of losing citizenship.

An involuntary relinquishment occurs when the U.S. Department of State asserts that an individual committed an expatriating act with the intent to relinquish citizenship; or an act that is inconsistent with the intent to maintain citizenship; or an act that expatriates regardless of intent (e.g., taking a policy making position in a foreign government or standing for election for such an office).

Thanks for the clarification, Natan.

But when I look over the forms, this is the wording they use: "relinquish" and "renounce/relinquish."

Here's where I'm looking:

* http://citizenshipsolutions.ca/wp-content/uploads/2014/01/4079-97025.pdf
* http://citizenshipsolutions.ca/wp-content/uploads/2014/01/4080-81606.pdf (in this one "relinquish" isn't used)
* http://citizenshipsolutions.ca/wp-content/uploads/2014/01/4081-81607.pdf

 

[Natan]

There is a proper process to renounce US citizenship, though: http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/renunciation-of-citizenship.html

Also: "U.S. citizens cannot effectively renounce their citizenship by mail, through an agent, or while in the United States. In fact, U.S. courts have held certain attempts to renounce U.S. citizenship to be ineffective on a variety of grounds, as discussed below."

Using MiriamT's example, one cannot relinquish citizenship while residing in the U.S.A. The reason for this is that being resident in the U.S.A. is the act of a U.S. citizen -- non immigrant non citizens may not legally reside in the U.S.A., thus relinquishment while resident is grossly inconsistent behaviour which places the intent to relinquish in question. However, one can relinquish citizenship and then apply for an immigrant visa to become a legal permanent resident -- this would punctuate one's intent to relinquish citizenship, as it is behaviour consist with not being a U.S. citizen.

It is also questionable if one can relinquish U.S. citizenship, if such an act would render one stateless (although the U.S. Department of State <i>may</i> itself revoke citizenship resulting in statelessness). If it is one's desire to become stateless, no matter for how short a time, then one should renounce citizenship instead of relinquishing it.

It is also important to note that the U.S. Department of State may not recognize a relinquishment, and one may have to resort to a tort action against Government to have it recognized. One would require very unambiguous and consistent documentation to sway the judiciary to overrule the executive branch. Remember too that the Department of State shall be creating its own documentation of your words and deeds to present to the court. The judiciary generally gives the executive branch great latitude, so your case must be air tight if you are to prevail in court.

 

[Natan]

Thanks for the clarification, Natan.

But when I look over the forms, this is the wording they use: "relinquish" and "renounce/relinquish."

Here's where I'm looking:

* http://citizenshipsolutions.ca/wp-content/uploads/2014/01/4079-97025.pdf
* http://citizenshipsolutions.ca/wp-content/uploads/2014/01/4080-81606.pdf (in this one "relinquish" isn't used)
* http://citizenshipsolutions.ca/wp-content/uploads/2014/01/4081-81607.pdf

The U.S. Department of State frowns on relinquishment. It's considered a poorman's, self-help solution that deprives the Department of State of fees and oversight. So yes, they do tend to muddy the waters on the differences between relinquishment and renouncement. They know people have heard of both and if they can create some confusion in one's mind, then one is more likely to follow the renouncement path and forego the relinquishment path. That does not change the fact that there are two paths for voluntarily losing U.S. citizenship: renouncement via the U.S. Department of State, and relinquishment via one's intent.

If having certainty and finality are important (and with the new tax laws, they may very well be), then renouncement is the best route. It assures that one has government recognition of renouncement on a date certain and there are no ambiguities whatsoever. But, under U.S. law, renouncement and relinquishment are two separate and valid methods for achieving the same ends.

 

[MiriamT]

The U.S. Department of State frowns on relinquishment. It's considered a poorman's, self-help solution that deprives the Department of State of fees and oversight. So yes, they do tend to muddy the waters on the differences between relinquishment and renouncement. They know people have heard of both and if they can create some confusion in one's mind, then one is more likely to follow the renouncement path and forego the relinquishment path. That does not change the fact that there are two paths for voluntarily losing U.S. citizenship: renouncement via the U.S. Department of State, and relinquishment via one's intent.

If having certainty and finality are important (and with the new tax laws, they may very well be), then renouncement is the best route. It assures that one has government recognition of renouncement on a date certain and there are no ambiguities whatsoever. But, under U.S. law, renouncement and relinquishment are two separate and valid methods for achieving the same ends.

I see. Thanks again.