I haven’t posted at Brock for a while. Although I have some ideas for some interesting posts, I wanted to create a very short post about the renunciation interview. This isn’t major and it isn’t something you (probably) don’t know, but here goes …

Note that effective November 1, 2024 there has been a very significant change in the renunciation process which is reflected in the new DS-4079. Here is an earlier Brock post discussing this (in a minimal way):

New Renunciation Form And Processes For US Citizenship Relinquishment Effective November 1, 2024

1. Remember that by taking the oath of renunciation (assumed it is determined to have been taken voluntarily and with the intention of relinquishing U.S. citizenship, you will NO longer have the right to live or work in the United States. Your access to the United States will be based entirely on what country you are a citizen of. Canadian citizenship is the “Gold Standard” because Canadians can enter the United States with ONLY a Canadian passport. Many renunciants are citizens of “visa waiver” countries and may receive go through the ESTA process without actually getting a visa. Citizens of visa waiver countries may stay in the United States for up to 90 days. Obviously, citizens of certain countries will be required to obtain a visa to enter the United States. This should be a consideration in whether you wish to take the oath of renunciation.

2. The U.S. Immigration law does contain a section listing “excludable aliens”. Much has been written about the REED Amendment (which in theory can result in being excluded if renunciation was determined to be for the purpose of avoiding U.S. taxation). To date that has not been enforced in a significant (it’s not quite zero) way. This should not be a concern unless you tell the Consular officer in the renunciation interview that are taking the oath of renunciation to avoid U.S. taxation.

3. Those with a criminal record should seek legal counsel before making the decision to renounce.

4. At the end of the day, nobody has a statutory right (with the possible exception of U.S. citizens) to enter the United States.

5. At the renunciation interview the Consular officer is required to take notes, prepare a report along with a recommendation (allow the renunciation or not) which goes to the State Department lawyers in Washington, DC. This is the context in which the approval to issue the CLN is made.

6. Therefore, you should be thoughtful about what you say in the interview. Apparently, at least one person has been recently asked whether his decision to renounce was motivated by recent political events in the United States. Yes!

7. FYI interest, here are some other questions that people have been asked …

– are you renouncing because of U.S. taxation?

– what are your connections to the United States?

– do you have U.S. citizen children?

– the new DS-4079 very specifically probes existing connections to the United States

– has anybody been pressuring you to renounce, etc.

My point is:

The renunciation interview clearly does function as a way of documenting statements you make at the time of renunciation. You should be aware of this and (I think) be somewhat of a minimalist in your responses to questions in the interview. To be clear, the Consular officers are just doing their job. They are generally friendly. Their job is to make a determination of voluntariness and intention. That said, please remember that the contents of the conversation will (mostly) be documented and become part of your permanent file.

In conclusion:

To be “FORMWarned Is To Be ForeArmed!

John Richardson

P.S. At least one Consular officer recently said that they are expecting more renunciations because of the decrease in the renunciation fee.