John Richardson reports on the new DS-4079 form (which now includes the former DS-4080 (renunciation oath), DS-4081 (statement of understanding of consequences) and DS-4083 (certificate of loss of nationality form), along with other additions/changes. (reposted with permission)

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The “Readers Digest” Version

Towards the end of October of 2024, the following comment appeared online:

‘Just renounced in Rome this afternoon. Very smooth, professional, friendly. I was asked why by the consular officer but the office person who did all the work was extremely helpful and did not ask why I decided to do it. It should take 2-3 months to get my CLN. Maybe even less. One thing the office guy mentioned was that I was just in time to do the standard procedure, because it is soon going to change. He said that if now there are two forms to fill out, soon there will be 13 pages of forms to fill out “to better identify and determine certain particular situations”. Does anyone know anything about this? I am thinking ( hoping) that it may be to facilitate accidentals? Anyway, all done, I am FREE! (No emotions. I remembered the podcast where someone said “just think of it as retirement “’

(The “think of it as retirement podcast was actually a podcast I did called “The Retired Citizen“)

ffective November 1, 2024 a new procedure has been adopted for individuals seeking a Certificate Of Loss Of U.S. Nationality (“CLN”).

Generally, the new procedure:

– is based on a newly designed Form DS-4079 (the old one is obsolete) which has different sections for different kinds of expatriating acts. The parts of the form that you complete depend on the nature of the “expatriating” act upon which you rely;

– is better designed to probe whether the applicant’s facts meet the evidentiary standard (“preponderance of the evidence”) to establish the “voluntariness” and “intention to relinquish” which are required under IINA 349(a) and INA 349(b).;

– reflect that the burden of proof of establishing “voluntariness” and “intention” must be met by the individual (the days of presuming intention are over) – INA 349(b)

– clarify that the first interview need NOT take place in person (phone or email can work) but that the second interview MUST take place in person

– clarify that ALL individuals must (1) Complete the newly designed Form DS-4079 (a completely redesigned form) and and (2) what ORIGINAL documents must be presented at the relinquishment/renunciation interview

– appear to be moving toward a standardized process all around the world (up until October 31, 2024 different Consulates used different forms, etc.)

Generally the new process is described in the new DS-4079 which is available here:

ds4079

Those wishing to renounce U.S. citizenship in Canada will be pleased to know that (after a lengthy absence) Quebec City and Halifax are renunciation options. In Canada one can renounce in: Vancouver, Calgary, Toronto, Ottawa, Montreal, Quebec City and Halifax. Canada is surely the renunciation capital of the world!

Additional commentary

1. I will add more in the upcoming days. Until now few (if any) renunciation requests were refused. I predict that the new process will result in the first wave of individuals who cannot meet the evidentiary standard required on renunciation and relinquishment.

2. The new DS-4079 heightens the chance of inadmissibility after renunciation.

To be “FORMWarned” is to be “FOReArmed!”