Who makes the loss of US nationality determination? [Guest Post from Immigration Lawyer]

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[Guest Post from Immigration Lawyer Ms. Teodora Purcell; with no tax discussion.]

Who makes the loss of US nationality determination?Oath Renunciation

A US diplomatic or consular officer is authorized to certify the facts on which you may have lost citizenship by completing a Certificate of Loss of Nationality (“CLN”), and some other forms. [1] The CLN must then be approved by a division Chief in the Office of American Citizen Services and Crisis Management (CA/OCS/ACS) in the Directorate of Overseas Citizens Services, Bureau of Consular Affairs of the DOS, or the Acting Division Chief.[2]

If you have a change of heart after appearing at the US Consulate and signing an Oath of Renunciation or the other related DS forms but before the CLN is approved, the Consular officer will notify the DOS and ask them to deem the request for loss of US Nationality withdrawn.[3]

If the CLN has already been approved, you will have to seek administrative review of the loss of nationality finding through the DOS Office of Legal Affairs, Bureau of Consular Affairs.[4]

When the DOS issues the  CLN, it will cancel your US passport or naturalization certificate.[5]

[1] Form DS-4080, Oath of Renunciation of the Nationality of the United States

Form DS-4081, Statement of Understanding Concerning the Consequences and Ramifications of Relinquishment or Renunciation of US Citizenship

Form DS-4082, Witnesses’ Attestation Renunciation/ Relinquishment of Citizenship[1] (if the person does not speak English)

[2] 7 FAM § 1213b

[3] 7 FAM § 1228.2

[4] 7 FAM § 1230

 

Teodora Purcell | Attorney at Law
FRAGOMAN

11238 El Camino Real, Suite 100, San Diego, CA 92130, USA
Direct: +1 (858) 793-1600 ext. 52424 | Fax: +1 (858) 793-1600
TPurcell@Fragomen.com

 

 

请点击这里查看本帖子的中文版本。 Please click here to view the above in Chinese.

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