How Long Does It Take to Relinquish U.S. Citizenship?
The Clock Starts Ticking: Setting Your Appointment
As soon as you make the decision to relinquish U.S. citizenship, the first step is to schedule an appointment with the U.S. Embassy or Consulate in the country where you plan to renounce your citizenship. This appointment is crucial, as it's when you'll officially submit your renunciation forms, take the Oath of Renunciation, and complete other necessary steps. Unfortunately, booking this appointment is not always a straightforward task.
Waiting Times Vary Widely
One of the biggest variables that impact how long the renunciation process takes is the time it takes to get an appointment. In some countries, such as Switzerland or the United Arab Emirates, demand for renunciation appointments is particularly high, meaning that wait times can stretch from weeks to even months. On the other hand, less frequented embassies in countries like Paraguay or Bulgaria may offer much shorter wait times, sometimes allowing you to secure an appointment within just a few days.
The Oath of Renunciation: The Pivotal Moment
Once you’ve secured an appointment at your nearest embassy or consulate, the next major step is taking the Oath of Renunciation. This moment is when you officially declare your intent to give up U.S. citizenship in front of a consular officer. You will need to submit a signed Form DS-4079, which outlines your reasons for renouncing, along with several other forms such as DS-4080 (Oath of Renunciation) and DS-4081 (Statement of Understanding).
What Can Delay This Step?
Several factors can delay this step. For instance, if you have pending legal or tax obligations in the United States, the consular officer may delay the acceptance of your renunciation until these are resolved. Moreover, if you were born in the United States and also hold citizenship in another country, some embassies may scrutinize your case more closely, particularly if there's any indication that you’re attempting to avoid tax obligations.
The Process of Renunciation Fees
At the time of writing, the fee for renouncing U.S. citizenship stands at $2,350. This fee is payable at the embassy or consulate during your appointment, and it's non-refundable. Payment is typically one of the more straightforward parts of the process, but it's still worth noting that the fee has significantly increased over the years, and this can be a deterrent for some individuals considering renunciation.
After the Oath: Waiting for the CLN
After you’ve taken the Oath of Renunciation, your journey to relinquishing U.S. citizenship isn’t over yet. You still need to wait for your Certificate of Loss of Nationality (CLN), which is the official document that confirms you are no longer a U.S. citizen.
How Long Does It Take to Receive the CLN?
This is one of the most unpredictable parts of the process. While some individuals receive their CLN within just a few weeks of their renunciation appointment, others report waiting for several months. The time it takes for the State Department to process your renunciation and issue the CLN can vary significantly, depending on the volume of applications and other bureaucratic delays.
Tax Implications and Exit Taxes
Renouncing U.S. citizenship does not immediately release you from all obligations to the IRS. If you’re considered a “covered expatriate” under U.S. law, you may be subject to an exit tax, which applies to individuals whose net worth exceeds $2 million or whose average annual net income tax for the five years preceding expatriation is above a certain threshold (around $171,000 in 2023).
Filing Final Taxes
Even if you are not subject to the exit tax, you’ll still need to file a final tax return with the IRS, covering the portion of the year in which you were still a U.S. citizen. This return will be due by the standard tax filing deadline, and failing to file it can result in penalties or even complications with the acceptance of your renunciation.
Dual Citizenship Complications
Many people who renounce U.S. citizenship do so because they already hold citizenship in another country. While this can make the process of renunciation smoother, it can also introduce complications, particularly if the second country has different legal or financial obligations for its citizens. For instance, some countries require mandatory military service, while others may tax global income similarly to the United States.
Real-Life Stories: Relinquishment vs. Renunciation
It’s important to note that there is a difference between renouncing and relinquishing U.S. citizenship. In some cases, individuals may lose their citizenship automatically (relinquishment) due to acts like serving in a foreign government or military, as outlined under Section 349 of the Immigration and Nationality Act (INA).
For example, John D., a dual U.S.-Canadian citizen, served in the Canadian armed forces, which led to his automatic relinquishment of U.S. citizenship under U.S. law. While he didn’t need to formally renounce his citizenship, he still had to go through the process of documenting this relinquishment, including securing a CLN.
Plan Ahead: Potential Delays and Pitfalls
Given the unpredictable nature of the timeline, anyone considering renouncing U.S. citizenship should plan ahead for potential delays. Here are a few factors that could slow down your process:
- High demand for appointments at embassies or consulates in certain countries.
- Legal or financial issues that require resolution before renunciation is accepted.
- Tax obligations or exit tax considerations that may complicate or delay the process.
- Delays in receiving the CLN, which could affect your ability to travel or obtain other citizenship documentation.
Conclusion: How Long Does It Really Take?
So, how long does it take to relinquish U.S. citizenship? The answer is that it depends on various factors, ranging from embassy appointment availability to tax considerations and bureaucratic processing times. On average, most individuals find that the process takes anywhere from a few months to over a year from start to finish. However, the best way to ensure a smoother process is to plan ahead, understand the steps involved, and be prepared for potential delays.
Relinquishing U.S. citizenship is a life-changing decision, and while it may take time, those who are well-prepared and informed will find the journey far more manageable.
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