UPDATED
I was born in the States and lived half of my growing-up years (with many good memories) on each of the East and West coasts. The present U.S. is not the country I grew up in however. I am retired from the work force and presently 71 years old, wanting to live a simple life without the stress the issue of U.S. citizenship has brought.
My then-husband and I moved to Canada in 1969 and both became Canadian citizens in March 1975, completely believing (as we were warned of it at the time by the U.S. Consulate) that we relinquished our U.S. citizenship by taking the Oath of Allegiance for our Canadian citizenship. We chose to live and work in Canada, pay our taxes in Canada and, especially, raise our children (born here) in Canada.
In 2008 I was made aware that the rules had changed (without anyone in the U.S. giving me any notification or a choice to opt in or opt out) — I was still a U.S. citizen and was not in compliance with filing U.S. tax returns — I am NOW compliant for years 2005 through 2012. The Canadian accountant that I had used for so many years and who knew that I was born in the States referred me to a Calgary cross-border accounting firm as he was not trained or licensed to deal with doing my back U.S. returns. It was confirmed by that respected cross-border accounting firm that I was required to back file and so at that time they helped me make a ‘quiet disclosure’ for three years of returns and (Foreign Bank Account Reports) FBARs. In November 2012, I renounced my US citizenship, having paid US tax lawyers, US tax accountants and US immigration / nationality lawyers over $42,000 in compliance fees, accounting and advice regarding the possibility of my son being able to renounce an automatic U.S. citizenship because of his birth in Canada to U.S. citizen parents.
Besides the U.S. legal and accounting professionals I hired for U.S. tax compliance and filing final Form 8854 after my 2012 renunciation, I paid $3,661 in actual US taxes — all related to the Canadian Registered Disability Savings Plan (RDSP) that I hold for my adult son who has a developmental disability. The Canadian tax payer helps pay for bonds and grants that are contributed to RDSPs by the Canadian government, so Canadian taxpayers have indeed had some of their Canadian taxpayer money as well go to the US IRS.
My biggest concern is for my adult son for whom I hold the RDSP (and others like him!). Since the U.S. considers the RDSP a foreign trust (as they do the Canadian Registered Education Savings Plan and Tax Free Savings Account), gains are subject to tax and this negates for him the same benefit that other Canadian citizens with a disability receive under these same plans. Neither of my children were ever registered by their parents as U.S. citizens with a U.S. Consulate. I never considered them anything but Canadian citizens. I also do not want the IRS to take one penny of my kids’ inheritance that I have worked and saved so hard for – in Canada.
Here is the advice I got from US Department of State, Legal: http://isaacbrocksociety.ca/2014/06/01/its-time/comment-page-72/#comment-3097016
From: Kavaler, Howard
Sent: Wednesday, May 07, 2014 9:55 AM
Subject: RE: Question re US Citizenship never registered with the US
Ms. Tapanila:
If your son was born in Canada to two U.S. citizens, at least one of whom had a residence in the United States prior to his birth, your son is a U.S. citizen pursuant to Section 301(c) of the Immigration and Nationality Act. Your understanding of U.S. citizenship law is absolutely correct. U.S. citizenship is a status that is personal to the U.S. citizen and may not be renounced by a parent or a legal guardian. If your son seeks to renounce his citizenship, it will be incumbent upon him to demonstrate that (a) his action in renouncing his U.S. citizenship is the product of his own free will and (b) that he fully understands the consequences attendant to the relinquishment of his U.S. citizenship.
…which agrees with the information from an immigration / nationality lawyer in Washington, DC, to confirm my son’s US status and give possibilities for his renunciation. The result was that my children were US citizens from the moment of their births. The following is information from that lawyer based on his conversations with the US Department of State: DOS persons have “sympathy” for such cases. However, the developmentally disabled person will have to have FULL understanding of what he’s doing; if any question of lack of comprehension and grasping meaning and importance of ramifications, they could NOT approve such a case. From DOS point of view, US citizenship is precious and they have therefore established fundamental requirements for “compelling reason”. Even though there is the risk that a person’s financial resources could run out before his/her life was over, they will never approve a renunciation for financial / economic reasons. DOS has NEVER had such a renunciation case approved due to “compelling circumstances”. I could sue but persons this immigration / nationality lawyer talked with at DOS are SURE no one would ever win such a case as the courts view the discretionary action that DOS has would take precedence.
My Canadian-born son, never registered with the US (didn’t have to — he was US-defined US citizen from his moment of birth to two then US citizen parents, which we had no idea of), never lived in the US, never had any benefit from the US and cannot renounce because of his lack of requisite ‘mental incapacity’ to understand the concept of citizenship. The U.S. Department of State states that a parent, a guardian or a trustee cannot renounce on such a person’s behalf, even with a court order. He and many others without ‘requisite mental capacity’, including others perhaps with a brain injury from accident or stroke, age-related dementia, etc. are effectively ENTRAPPED into U.S. citizenship and the consequences of that with U.S. citizenship-based taxation law (while the rest of the world, save Eritrea, tax based on residence). The only way not to be so entrapped would be for the U.S. to practice residence-based taxation. Some say, they never will (so, though never may not be, it will likely not be in my lifetime this will change).
Support / continue to support the Canadian litigation: http://www.adcs-adsc.ca/.
Intelligent forum conversations at IsaacBrockSociety.ca and MapleSandbox.ca with other U.S. citizens in Canada and around the world have helped me retain some degree of sanity in all of this. I am grateful for the perspectives of others in similar situations in helping me make necessary decisions that will lead me back to a normal life – one where I can again be a contributing member of Canadian society.
I will continue to support Alliance for the Defence of Canadian Sovereignty in a suit brought against the Canadian government for signing an intergovernmental agreement with the US to allow foreign (US) law to override Canadian laws, including the Charter of Rights and Freedoms, making US-defined *US Persons* in Canada second-class to any other – no matter what their or their parents’ or grandparents’ national origin.
Help fight this injustice for one million so-called *US citizens* in Canada plus their children and their business partners, etc. — and about 7 million US citizens around the world. http://www.adcs-adsc.ca/
SW121 commented on the recent Globe and Mail article, “Four tips for Americans looking to come clean on their taxes“:
“…The other matter is what happens with people who have a mental impairment or a developmental disability. Although the State Department won’t allow a parent or guardian to renounce the citizenship of a person who is suffering from this condition it is also true that they will not state that such a person is no longer obligated to comply with the income tax laws.
So on the one hand they say that a mentally impaired person lacks the mental capacity to understand the implications of giving up his/her citizenship and yet they say that this same person has enough intellectual capacity to comply with the tax law. Aren’t these two very antithetical positions and more than a little self serving?…”
Does anyone have further information or a reference to the statement that State Department won’t allow a parent or guardian to renounce the citizenship of a person with a developmental disability and also will not state that such a person is no longer obligated to comply with income tax laws?
This question I have posed to the Calgary US Consulate and I have been told I could discuss that matter when I am there for my first renunciation appointment in late January. In the meantime, I’m proceeding with the approximately six-month process of obtaining Guardianship (for legal matters) / Trusteeship for my son. This may not be the way I handle this, but I am looking for clarification on this option.
Thanks.
calgary, I am so glad to hear your story and am appalled that so many of you, who relinquished so long ago, have been dragged into this huge mess. I am especially sickened to hear the plight of your son and how the govt is interferring with you looking after his best interests. What a Catch 22.
I don’t have any specific info to offer but if I find any, I’ll be sure to let you know.
Thanks nobledreamer. Hope the following might help someone along the way and I’ll have more info at my renunciation meeting. I’ve gotten this clarification today and extra time will be allotted for my January 25th renunciation appointment to discuss my son. The Calgary Consulate has forwarded me this exerpt from US Department of State Foreign Affairs Manual Volume 7 Consular Affairs:
” 7 FAM 1293 MENTAL COMPETENCY
(CT:CON-285; 03-06-2009)
a. Because loss of U.S. nationality occurs only when a would-be renunciant or person signing a statement of voluntary relinquishment has the legal capacity to form the specific intent necessary to lose U.S. nationality, cases involving persons with established or possible mental incapacity require careful review. This includes mental disability, mental illness, developmental impairment, Alzheimer’s disease, and similar conditions. It may also include cases of substance abuse.
b. A formal finding of mental incompetency by a court of competent jurisdiction, whether in the United States or abroad, precludes a finding that an individual has the requisite intent.
c. The requisite intent may also be found lacking if there is evidence that due to mental incapacity or impairment the individual does not understand the seriousness of renunciation, including its irrevocable nature and the major consequences that flow from it.
d. Voluntariness may also be an issue with persons who suffer from mental incapacity or impairment, as such individuals may be especially susceptible to the influence of others.
e. Parents, guardians and trustees cannot renounce or relinquish the U.S. nationality of a citizen lacking full mental capacity: A guardian or trustee cannot renounce on behalf of the incompetent individual because renunciation of one’s citizenship is regarded, like marriage or voting, as a personal elective right that cannot be exercised by another. Should a situation arise of the evident compelling need for an incapacitated person to relinquish citizenship, you are asked to consult CA/OCS/PRI for guidance.”
Regards
In your story you say
“Earlier this year I talked with an immigration lawyer who confirmed that I had absolutely relinquished my U.S. citizenship when I became a Canadian citizen. But, this was negated by my filing of back U.S. tax returns and FBARs. To add another layer, I had taken to heart a conversation with a U.S. Border Guard who told me during a crossing that the next time I entered the States from Canada I was to use only a U.S. passport – so I applied for and received my first U.S. passport in January of 2009.”
Could you explain why your loss of citizenship was negated by the filing of back tax returns and FBARs? You may be right, but I think you need another legal opinion. Filing of tax returns and traveling on a U.S. passport is evidence that you think/thought that you were a U.S. citizen. But, in your circumstances, if the whole story is told, you might not be a U.S. citizen based on your having become a Canadian.
What if a Canadian woke up one day and decided it would be kind of cool to file U.S. taxes and FBARs? Would the U.S. government then take the position that he was a U.S. citizen? If this were the case, then anybody who wanted U.S. citizenship could just get it by filing a tax return. You know what they would say about this.
Would it solve your problem, if it were determined that you had lost your U.S. citizenship when you became Canadian? It seems to me that you need to focus on this question.
At the very least, get another opinion and ask the filing of tax returns and fbars means you are U.S.
If you are interested, here are some posts I have wriitten on this issue (and this is not intended to be legal advice or any kind of advice at all):
http://renounceuscitizenship.wordpress.com/2011/11/13/expatriating-acts-the-status-of-your-u-s-citizenship/
http://renounceuscitizenship.wordpress.com/2011/11/24/u-s-citizenship-for-canadians/
I see that your children were born while you were still a U.S. citizen. Assuming they were NOT born in the U.S., they may not U.S. citizens in any case. Check this lawyer’s site on this issue:
http://www.grasmick.com/citizen.htm
I’ve just passed this on to my Canadian estate planning lawyer (who works with families that have a disabled relative to best plan for their future) — who, in turn is consulting with a U.S. tax lawyer on specific definitions used in Net Worth for Form 8854 so that can be completed properly — and no nasty surprises coming back from IRS afterwards that I might indeed be a “covered person” for the Exit Tax. The second opinion could come from the immigration lawyer that I consulted first.
Thanks so much for your input!
I really have a concern for the many who have to be affected by all this (and don’t know it yet or are in denial) who won’t in any way be able to afford legal and tax advice (and none of us should have to obtain this). We, though, have to get it right for ourselves and our families!. I know it isn’t best policy to get advice from the internet, but I think we who are taking part in these forums are doing it with some degree of intelligence and weighing different perspectives.
I have also noted your other comment regarding my children, both born in Calgary and, yes, before I became a Canadian citizen (I had originally thought my citizenship was a bit earlier but did get the documentation and it is March 25, 1975). Going through all the rigmarole to register my Canadian-born son as a U.S. citizen so his U.S. citizenship can be renounced (I’ll see what the Consul says about this at my January appointment), is insane. I have been told in the past to just ignore tax returns for him. But, will I be putting him (myself) in a tight spot for his banking needs when FATCA comes to town?
Thanks once again!
Hello Calgary 411. Thanks for replying to my post and yes I would most definitely like to converse with you regarding our shared problem. I have an appointment on Feb. 1, for my renunciation filing.
How would you like for us to contact one another?
Hi [SW121]
I don’t know who you are or your story but make sure that you consult the post on the right hand bottom corner of this blog under “our resources” to see if you can relinquish instead of renouncing. Cheers, Petros
Also I can protect your anonymity by taking down the last comment, if you want. If you are worried about your identity, I suggest using a consistent unique moniker, like the everyone else does when blogging about FBAR, FATCA, etc. (except me of course–I’m a sitting duck with a huge bullseye on my back). Cheers, Petros
Hello Petros:
If you can change my profile name to SW121, I would appreciate it very much.
Thank you
Perhaps a civil rights or Canadian immigration lawyer can help with this; putting huge administrative burdens on minors and, in your case mentally impaired people, without giving them the possibility to get out of the trap, has got to be beyond the limits of even what the USA can do. Perhaps Canada can give your son some kind of asylum or immunity to other country’s requests. Have you looked into the Eritrea case? It seems to me that case differs from the classic US dual citizen case because Eritrea made it illegal for its citizens to renounce. Perhaps in the case of your son you can use jurisprudence from this case. God bless you.
Thanks, Jen. I will have my “first” renunciation (or relinquishment) appointment at the US Consulate in Calgary on January 25. I will wait to see what they say and then re-assess.
Dear Calgary411
You have taken the right steps and I’m glad you are getting help from lawyers and professionals (sorry you have to go to that expense though).
If it is any consolation, I believe your story is so dramatic that the IRS would not want to touch it with a 10 foot pole. Please take heart and hope for the best because so many other people will interest them more. Plus your case has media potential which I’m sure they really want to avoid.
I have also panicked about my regularization which I did a while ago, but now I have come to a sort of serenity and I hope you will too.
Even though their laws enable them to attack you, I really believe they are not after people like you. They are trying to scare the ones who think their accounts may be divulged in the latest Swiss or HSBC scandal. They use scare tactics and show no leniency so those people will sign up for the OVD.
I was dismayed to see your post on the Globe article saying you had lost all joy in life.
At around the time I was regularizing that was exactly how I felt too.
You are now taking control of the situation and you have professional help to get you out. I know your trust in fairness and justice has been shattered but try to believe that solutions will come to you if you let them. Let each day come and deal with only the problems each day presents. Do not let the IRS remove your joy from life or else they truly will have won.
Once your papers are filed and your renunciation is accepted, stop going on these forums and even reading the news because there is so much negative energy here it will make you unhappy for a long time. In any case what’s done is done and you must move on you can’t change anything.
A few words of kind advice from someone who is thinking of you from across the ocean.
Thank you so much, Lydia. Really, I will be fine and this process is healthy for me, if a bit isolating except for here. I worry about those who don’t know about all of this yet and who will be affected as adversely as my family.
I can’t tell you how much the kind words of so many have meant to me and how being part of this effort has been such a humbling experience for me. So many wonderful, compassionate, literate people coming together because this is so very important.
Hi Calgary411. I also live in Calgary and one of my daughters and I just completed our appts. at the consulate to relinquish. Your story, however, is so similar to mine, as I also have another daughter with a developmental disability whose appt. was cancelled because she is mentally handicapped and would be unable to comprehend what loss of citizenship means. When I complained at my appt., the consul told me that an appt. could be set up, but that he would interview her alone, and if she did not understand what citizenship meant, he would deny the request. Even when I explained that I was her legal guardian and trustee in Alberta, and that the other daughter with me who was relinquishing, was the alternate guardian and trustee, and that we would never be living in the U.S. (so how could the disabled one live alone in the U.S.?), I was told that a guardian is not allowed to renounce for an individual. I also went on to tell him that all of my daughter’s needs would only ever be met in Alberta-medical, assured income for the severely handicapped, and supports through Persons with Developmental Disabilities. This daughter also has Registered Disability Savings Plans, and tax free savings accounts. My husband (who is Canadian) and I have gone to a lawyer to draw up wills to try and safeguard her future, but there is no guarantee. We even filed 10 yrs. of past U.S. income tax for her, with the hope of relinquishing for her. I did ask the consul if the U.S. intends to come after my disabled daughter’s disability income, and also how is she expected to file her own income taxes in the future? He did think it would be highly unlikely that the IRS would go after persons with disabilities. I am still upset that my role as legal guardian and trustee in Alberta for my adult daughter is not recognized by the U.S. Incidentally, my three children were all born in Calgary, and I got Birth Abroad of an American Citizen for them when they were very young.
I was born in the U.S. and lived there 25 years before marrying and moving to Canada. I took out Canadian citizenship in 1996. My son wishes to keep his dual citizenship.
@cecilia- hello Cecilia. I also live in Alberta and have a son with Downs Syndrome. When I was at the Counsulate I also went through the same set of questions with regards to my son and received the same reply. The reasoning that the U.S. employs if very much a closed circle from which there is no escape.
Until such time as the IRS enacts a policy that excludes disabled people from the compliance rules, which it could do if it wanted to, I will find no comfort when I am told that the IRS will not go against a disabled person.
None of that is of any help when it comes to their ability to hold bank accounts and invest their RDSP money in accordance with Canadian law only.
@renounce, cecila, all:
Until now, we have yet to see a case where someone overseas is apprehended by the US. Everything on the DOJ’s website is about US residents with large undeclared bank accounts. They aren’t exactly middle class people living in other countries, as in our situation.
The US has reached a real low with this….
@Cecilia
I’m glad you’ve found the Isaac Brock Society site although I certainly hate to see the situation for your family regarding your not being able to help in renunciation of your developmentally delayed daughter’s US citizenship.
@recalcitrant
Thanks for your information to Cecilia. How many families in our situation are out there?
Cecilia, the history of what I have been doing in regard to my son’s same situation can be found in the last comment on this thread: http://isaacbrocksociety.com/2012/01/26/my-further-correspondence-with-one-of-our-canadian-ndp-members-of-parliament/.
We need to have our government representatives absolutely know that our children are discriminated against in regard to the negation of benefits as compared to other disabled Canadian citizens for their RDSP’s, their TFSA’s, etc. As with other advocacy we provide, we need to be the voice for those unable to fight this.
Especially abusive is the fact that those who look after our children’s best interests (parents, trustees, Guardians) are not allowed to look after their best interests in regard to taxation on “foreign trusts” designed by Canada to help them. As well, there is the excessive cost of administration in dollars and stress for compliance of their US taxation and FBAR’s. Who will do this for them when their parents, trustees, Guardians are gone? Should any amount of the cost of this come from their provincial benefits?
It is my opinion that our children have NO benefit of US citizenship. They are very unlikely to move to the US to receive ‘US benefits’ when their families, those looking after their interests, reside in Canada and when what they have here in Canada — disability benefits, the dignity given to the disabled person and, of course, health care — are superior to what they would receive in the US.
@Cecelia: I am sorry to hear you are experiencing the same issues as Calgary411 and Recalcitrant. I hope you are able to find some support here by knowing your not alone.
I don’t have a disabled child, but I do have MS. I don’t have an RDSP because I was over the age limit for contribution for one when this outstanding innovative program was introduced. However, it is my understanding if I ever had to file IRS income tax returns, IRS would not recognize the disability tax credit which I receive on my Canadian income tax. That credit is meant to help offset some of the increased costs of having a prolonged and severe disability, but I don’t know if there is anything similar in US.
Did Steven Mopsick ever reply to Calgary411’s suggestion that he take on this issue pro-bono. He had agreed to represent Calgary411, but she already has a Canadian lawyer working on this. Perhaps he could one of you as an example to get this addressed.
Geez, you say US “has reached a real low on this.” Well, almost. Even lower is the fact all US male citizens and residents 18-25 (including those with physical, mental and developmental disabilities!) are expected to register for Selective Service. If the young adult male is not able to do it himself, the trustee or guardian is required to do it for him. The penalty is a fine up to $250,000 or imprisonment.
I was hoping a penalty might be revocation of US citizenship, but it’s not. How does it make sense that a trustee must register a disabled son for Selective Service (even though there is no draft!), but the trustee can’t renounce his citizenship for him? Of course, it doesn’t make sense. There is no common sense in US anymore. Common sense died with Harry S Truman.
@Blaze…
Excellent idea for Mr. Mopsick to transfer his offer to me onto Cecilia and her family or use our situations as examples!
Also, it is true: If you claim the Disability Tax Credit in Canada, it is not recognized in the US / Canada Tax Treaty so that Canadian benefit is taxable in the US, yet another discriminatory discrepancy we are faced with.
P.S. I just picked this up in my email / it should come with the proviso — UNLESS YOU ARE CONSIDERED A US CITIZEN:
“The Registered Disability Savings Plan (RDSP): You may be eligible for up to $90,000 towards your retirement—ARC
Posted: 23 Feb 2012 02:06 PM PST
Why should I open an RDSP?
It’s about your future quality of life. The RDSP is a long-term savings plan that became available in 2008 to help Canadians with disabilities save for their financial futures. This method of saving is ideal for those with arthritis and other autoimmune disorders, those who are earning low incomes and those who are not able to make adequate investments to their RRSP. The RDSP is also beneficial for low-income earners receiving GIS benefits. The RDSP will not affect CPP (Canada Pension Plan), GIS (Guaranteed Income Supplement), or OAS (Old Age Security) benefits. The RDSP has incentives to encourage individuals and families to save money. The incentives include generous grants and bonds from the federal government.
A few facts:
——————————————————————————–
Contributions may be eligible for the Canada Disability Savings Grant (CDSG), which provides matching contributions of up to $3,500 annually until the end of the year that the beneficiary turns 49 ($70,000 lifetime limit).
Additionally, the plan may also be eligible for the Canadian Disability Savings Bonds of up to $1000 per year for those with low incomes, up until the age of 49, with a lifetime maximum amount of $20,000.
There is no annual contribution limit, but there is a lifetime limit of $200,000 for total contributions. Tax is deferred and income earned is tax-sheltered; ideal conditions if you receive a substantial inheritance or settlement.
Additionally, the plan holder can give permission for friends and/or family to deposit money to contribute to the plan.
Examples:
——————————————————————————–
Depending on the income level, a person who starts an RDSP at the age of 29, contributing $125 per month for 20 years, could receive full grants and bonds totaling $90,000. Depending on their investment choices, at the age of 60, when mandatory withdrawals begin, they would have over $800,000. This certainly can be used to enhance their quality of life.
To Qualify:
——————————————————————————–
You must:
Be a Canadian resident
Have a Social Insurance Number
Be 59 years of age or younger
Be eligible for the Disability Tax Credit. The Disability Tax Credit is a credit that a person gets if they are disabled. To apply for the Disability Tax Credit you need to get your doctor to fill out a special form and send it to Canada Revenue Agency (see link below).
So just think about it – can you really afford not to do it? To apply for the DTC, download the application form T2201 from the CRA website: Disability Tax Credit Certificate
@blaze- I also have MS. The obligation to register a disabled MALE child with the Selective Service is an atrocity. If I remember correctly didn’t the U.S. condemn the radical Islamic organizations when they were recruiting developmentally disabled people to be suicide bombers?
If a person’s trusteeship isn’t sufficient legal authority to renounce then I don’t see how it can provide sufficient legal authority of enrol someone in a list where the concept of taking another person’s life is at the core of the job?
The U.S. is great at compartmentalization. Just add this to the rest of the U.S. atrocities that it commits against its people.
@Blaze,
“How does it make sense that a trustee must register a disabled son for Selective Service (even though there is no draft!), but the trustee can’t renounce his citizenship for him?”
Thanks for the info. Well, indeed one of my boys is special needed. He has difficulty to learn anything (talking, socializing, and of course, school subjects). However, the salient character of him is to follow the order. He has been always good at following orders — so all his teachers love him in the classroom. He never gives anyone trouble at all.
I guess I was right — when the last time during a meeting the school asked me “what do you expect him to be when he grows up”
“To be an infantryman, follow the order and pick up a riffle to shoot” — it was a good laugh…
I was not joking — how could I continue to support him when he turns 18 while I have not enough retirement saving for myself after OVDI ?
@blaze,@ij- I believe that what this law shows is just how much the U.S. views its citizens as nothing more than mere objects. So highly does the U.S. value its OWN survival that it is willing to sacrifice even its disabled citizens just as long as their lives are given in service to the United States of America.
Naturally this attitude is also shown in its taxation of its citizens, who live abroad. And the fact that they would go so far to justify our taxation as to make us non consensual fictional “residents” of Washington D.C. demonstrates the fact that logic is not a part of their thought process. When someone tells you that you must obey the law because it is the law then you know that even they don’t know why the law exist. But worse yet they are telling you how little they think of you as a person.
@recalcitrantexpat,
US is on the right path of self-destruction — we all will see that is going to happen.
@cecilia (and all)
I am so sorry to hear of your situation. You are in good company here and I would imagine, if there is a solution to this situation, it is likely to come from the actions of people on this site. I have started asking folks in the US if they know of any sort of ombudsman that operates at the federal level. It would seem to me that this rather cruel response needs some sort of intervention as this should be granted on compassionate grounds. There is a UN resolution on the treatment of those with disabilities; the US has signed but never ratified. I have yet to find a specific organization for the DOS but perhaps, TAS would consider taking up the cause of some kind of exemption for this very unusual situation that results from living abroad……….
@recalcitrant: I’m amazed at the similarities I have found here between myself and other people. Now, there’s bond with MS. I developed MS 15 years after I came to Canada and I’ve always been glad that I was here and not in US. Canada has been good to me–and I think I’ve been good to Canada. I am totally frustrated, though at the position of the Canadian government and Canadian Medical Association on CCSVI–but that’s a topic for another forum!
I’m sorry to hear about problems you and others are having with US for your children. I was shocked when I uncovered the Selective Service issue–and I think Calgary 411 was even more shocked when I passed it on to her. Incredible, isn’t it?!?
@IJ: Maybe your son can join other modern day draft dodgers in Canada. Is he a Canadian citizen? Although things are not ideal in Canada, I think you will find greater respect, inclusion, services, programs, resources and health care for him in Canada–despite the Americans with Disabilities Act. I