Renounce US Citizenship: Process and Implications

When frustrated with the political landscape or economic situation here, some Americans jokingly state their desire to renounce US citizenship. How many times have you heard someone, in jest, exclaim “That’s it – I’m moving to Canada!” But that got me thinking – what if you seriously wanted to renounce US citizenship? What is the process like, and what are the implications?

Section 349 of the Immigration and Nationality Act (INA) – located in 8 U.S.C. 1481 – governs the loss of US citizenship through voluntary personal action. Short of committing treason, taking a foreign government post requiring an oath, or pursuing other activities which would cause the Department of State to revoke your citizenship, the way to renounce US citizenship is to make a formal declaration.

Of course, making this formal declaration to renounce US citizenship isn’t easy. First, it cannot (except under some unusual war-time circumstances) be done within the United States or its territories. You must appear in person at a US consulate in another country, presumably the country in which you already reside legally and intend to reside thereafter. You must then sign an oath of renunciation and hand over your US passport. Even if you take all these steps, your renunciation may not be accepted by the State Department, especially if they believe that you plan to return to the United States (even for a visit) within a short period of time. If you renounce US citizen formally and it is accepted, your name is then published in the Federal Register as a legal notice to anyone who might be trying to locate you – including the IRS.

A renunciation of US citizenship should go hand-in-hand with a naturalization process in another country. In fact, it is advised (and practically required) that you obtain full, permanent citizenship in another country before even trying to renounce American citizenship. In other words, you basically need to hold dual citizenship, even if only briefly, because the US is loathe to see people go without an official nationality.