Q: I am a dual national living in Jamaica. My personal circumstances are such that I will never return to live in the United States, so I wish to renounce my US citizenship. How do I do this?

Answer: Renunciation of US citizenship is a very serious matter that each person should consider carefully before undertaking. There are several requirements for renouncing US citizenship.

Requirements

A person wishing to renounce his or her US citizenship must voluntarily and with intent to relinquish their citizenship:

* Appear in person before a US consular or diplomatic officer at the US Embassy in Kingston; and

* Sign an oath of renunciation.

Renunciations cannot be made by mail or through an agent; attempts to renounce citizenship in this way will have no legal effect. Also note that an oath of renunciation is a request for the US Department of State to issue a Certificate of Loss of Nationality. The Department reviews each case closely to ensure that individuals realise the consequences and effects of renouncing citizenship before issuing these certificates. Because each case is examined individually, the Loss of Nationality Certificate may take several days or weeks to be issued. In addition, parents cannot request renunciation on behalf of their children. A minor must convince a US consular or diplomatic officer that s/he understands the implications and effects of the request before the officer will accept the oath.

Effects of renunciation

Persons who have renounced their US citizenship do not retain any of the privileges of a US citizen. For example, individuals cannot apply to renounce their citizenship, while still requesting domicile or residence in the US. In cases where individuals do not appear to understand the full effect of renunciation, such as by expressing a desire to retain some citizenship benefits, the Department of State will not approve the request or issue a Certificate of Loss of Nationality.

Most important, persons who renounce their US citizenship lose the right to possess a US passport, which can affect their ability to travel in and out of the United States. If a dual national renounces his/her US citizenship, s/he will need to apply for a US non-immigrant visa in order to travel to the United States, and s/he will need to use a non-US passport to do so. In some cases, applicants can be found ineligible or unqualified for a US visa, which would prevent them from being able to travel to the United States.

Renouncing US citizenship does not create an exemption from military or tax obligations in the United States, nor does it allow persons to avoid prosecution for crimes committed in the United States.

No cancellation or revocation

The US Embassy weighs renunciation requests very carefully because the process is irrevocable. Once an individual submits an oath of renunciation and it is approved, that person cannot have citizenship reinstated except in very specific circumstances. In most cases, the only way to regain US citizenship is to qualify through the immigrant visa process, which requires a lengthy petition and filing process by a family member or employer.

Once an individual has made a decision to request renunciation, the US Embassy can assist in preparing a renunciation packet. This packet is transmitted to the Department of State headquarters for review. If approved, the Department of State issues a Certificate of Loss of Nationality, and the US Embassy provides a copy of this certificate to the individual.

Persons who have questions about renunciation or who would like to get more information can visit the American Citizen Services unit of the US Embassy in-person or contact the office by phone at 876-702-6450, or by e-mail to KingstonACS@state.gov. The American Citizen Services unit is open to the public Monday through Friday from 8:00 am until 11:00 am, except Wednesdays.

The American Embassy staff in Kingston will answer any questions you may have regarding US consular law, regulations and/or practice. In order to respect the privacy of applicants, the embassy will not answer questions on specific personal applications.

Send your questions to: editorial@jamaicaobserver.com and we will send them to the embassy.

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