Renunciation and Relinquishment Questions – Part 1 of 2
Ask your questions about Renunciation here.
This thread will be focused closely on renunciation questions and answers. If the conversation starts to ramble, those comments will be moved to another thread.
Sub-topics (more will be added as they occur):
Farrell v. Tillerson. Plaintiff is contesting Bern Embassy’s rejection of his CLN application due to his not having appeared in person at the embassy and his having been issued a passport after the relinquishing act.
Previous Renunciation Threads:
Renunciation and Relinquishment of United States Citizenship: Discussion thread (Ask your questions)
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This thread is now closed. Please comment on Renunciation and Relinquishment Questions – Part 2 of 2
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I only had one interview, and that was for the renunciation itself. I filled out a form, which took the place of the first interview. I should think you’ll be asked why you want to renounce, and if anyone is forcing you to do so. When I was asked why at my interview, I said ‘I want to fully commit to the country in which I’ve spent my entire adult life.’
this first interview will be by telephone.
ps: will I also be asked about relinquishent questions as well? e.g. on ds4079 I said I had verbally accepted a job in government. slightly confused by the questions they might ask.
Each Embassy does their own thing, so I’m not certain anyone can guarantee what may or may not be asked. But they are not there to trip you up. The staff just want to make sure you want to go through with this. They are usually very kind to the person who is renouncing.
if they ask for example was it your intention to relinquish your citizenship when you verbally accepted the government job? – can I say no I want to renounce?
It doesn’t make any difference if you relinquish or renounce. Nor do I think they’ll care about the government job. I’ve sworn an oath of allegiance to the Queen numerous times (when taking on British citizenship and every time I start in a new church as a priest in England) but the Embassy insisted that did NOT mean I’d lost US citizenship, although I wanted it to do so!
Quite frankly, they make it hard for you to relinquish. Just say you want to renounce whatever.
@purpleflower
https://local.theonion.com/beaver-overthinking-dam-1819568416
@ purpleflower,
Bird Person is spot on.
They don’t ask much, but it’s reasonable they want to be sure you know what you’re doing, so they might ask a question or two, basically parroting the DS-4081. Quite likely they’ll just ask, “Have you read the Statement of Understanding of Consequences (DS-4081) carefully?” Main thing, they’re not trying to trip you up.
And being a renunciation (as opposed to a relinquishment), there’s really nothing to ask about. They just have to make sure the person understands the consequences and is acting voluntarily, not much to it. From reports I’ve heard or read, they seem to either presume you’re acting voluntarily (from your demeanour, I guess) or they just ask “Are you doing this voluntarily?”, and as far as consequences usually just ask if you’ve read the 4079 carefully and maybe point out one or two of the points on it. This isn’t required or relevant, but they may ask why are you renouncing. BirdPerson finds it likely they will at London and her reply to it was great. If they ask you much more than that, they’re possibly, or probably, starting to go out of bounds — like they can’t ask about taxes (beyond the irrelevant-for renunciation question on the 4079, do you file US tax returns?) nor “Are you really doing this because you don’t like President Trump?” and stuff like that.
London has a reputation for handling renunciations just like routine business, pleasant and professional to deal with. I’ve been following renunciation/relinquishment matters since Brock started eight years ago, interacted with State Department in a few cases, and I do not foresee you’ll have any problems. Sounds like a routine renunciation at a embassy with a good reputation. And on the very, very, very unlikely chance you run into a problem, remember you have a team of friends here who’ll pitch in with advice.
Please sleep well!
Can the State Dept. withhold the CLN if renunciant is a defendant in a pending civil lawsuit?
No.
Could renunciation be denied/withheld if the renunciant is the defendant in a pending civil lawsuit filed in a US federal court?
No. A US citizen has a right to renounce their citizenship, and the criteria are that you are legally capable of renouncing (that you’re 18 years of age or older and have the mental capability to understand what you are doing) and are doing it voluntarily. So, being in a lawsuit doesn’t impact a renunciation or the issuance of a CLN.
You might want to take a look at this document 7 FAM 1270 Renunciation of US Citizenship. This is from the State Department’s Foreign Affairs Manual and is basically the “How To” guide for consulate officers handling renunciation, and outlines what is involved/what they need to know/etc. It’s about 9 or 10 pages long, but in point form, so it’s easy to read.
Is this scaremongering of the worst kind? Could anyone comment on this?
From: https://www.nestmann.com/consequences-of-not-telling-the-irs-you-expatriated
“”…And don’t think the IRS won’t know you’ve expatriated without Form 8854. State Department regulations require the IRS to be informed when a certificate of loss of nationality is issued. So if you have serious tax problems, expatriate without dealing with them, and then fail to file Form 8854, the IRS won’t necessarily go away. In a worst-case scenario the IRS could even refer your case to the Justice Department, which could issue a criminal indictment. It could then notify Interpol of the indictment. Interpol would in turn issued a “red notice,” requesting assistance worldwide for your arrest and extradition to the United States. The same sequence of events (less extradition) could occur if you travel to the United States. Just a word to the wise!””
This article is nine years old. Note the choice of words. ‘ serious tax problems’, ‘worst-case scenario’. It’s mostly b.s.
I had my first interview it lasted less than 5 minutes and I was asked 3 questions regarding tax – they were very basic questions.
As a side issue has anyone had any issues when renewing their passport of their foreign country when they presented their cln? as some countries ask about other nationalities held.etc
I’ve renewed my British passport since renouncing. I wasn’t asked about other countries.
when I’ve renewed my passport previusly they ask about place of birth and if I hold any other nationalities and so I would have usually sent in a copy of my us passport.
Well, here in the UK, I wasn’t asked. But I was only renewing, so maybe they just carried over the previous answers. I’m not bothered either way.
@purpleflower
If you recall, what specifically were the tax questions?
was I tax compliant
was i renouncing to avoid back taxes
had I engaged with an advisor regarding renouncation
as I understand it they are fairly routine questions?
I was asking about passport renewal issues as I usually send in my us passport because of being a dual citizen but when I renounce I wont be and want to know if anyone had any issues with this?
Purple flower. Do you mind telling us where you live? They aren’t supposed to ask tax related questions.
Interesting.
Actually I think it’s unusual or new that you’d be asked about tax compliance status or back taxes during a renunciation interview.
Anyone else out there have reports of such questions?
As for passport renewal, not sure I understand the question. Obviously the loss of US citizenship will have no effect on your ability to renew a non-US passport.
I wasn’t asked anything about taxes when I renounced in London las year.
hi Portland. I live in the uk. it wasn’t London- it was another place that they have an embassy in the UK. do I have to name the specific place?
Re UK passport renewal.
Spouse had to renew UK passport recently. The question of ‘any other passports’ was asked and not only that but one had to send all other passports in with the application! If one did not live in the UK then they would accept a photocopy of other passports.
I googled this demand and found that there has been a legal challenge to this as it was stated that any passport is not the property of the holder but of the issuing government and the UK have no right to hold them. The UK has really gone too far in their big brother data gathering.