Renouncing & Relinquishing
Citizens of the USA, have the right to renounce their citizenship. The law governing this right is Section 349(a)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. 1481(a)(5)). This section of the law provides for the loss of nationality by voluntarily and with the intention of relinquishing nationality:
“(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”
The process must therefore take place in person and before a diplomatic or consular officer of the USA in a foreign state and an oath of renunciation must be signed. A certificate of loss of nationality (CLN) documents the process. The applicant must understand that rights associated with US citizenship are lost and all documents belonging to the US government, such as US passports must be returned to the government. The applicant must further understand that the process once finalized is irrevocable. There are some limited exceptions.
The process in Canada is centralized and applicants may choose up to two locations to appear for an interview. Relinquishing US citizenship An individual who performs an expatriating act coupled with the intention to lose US citizenship may lose his/her citizenship as of the date of the expatriating act.
The following are examples of such expatriating acts:
* Applying for and obtaining naturalization in a foreign state, having reached the age of 18.
* Entering or serving in the armed forces of a foreign state engaged in hostilities against the US.
* Other expatriating acts are listed in the Immigration and Nationality Act, at section 349 of the INA.
* Both relinquishing and renouncing US citizenship result in a loss of citizenship. However the difference lies in the date when the loss takes effect. Relinquishing is a form of renunciation.
If you have any questions about the process or its impact on you and or your family, please contact Achtari Law PC and ask to speak to a US licensed attorney.
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If you would like us to help you with your US waiver you can call us now on Tel. +1 (613) 564-0004 or make an appointment by filling out the form to the right.
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