MESSAGE
| DATE | 2016-02-01 |
| FROM | Ruben Safir
|
| SUBJECT | Subject: [Hangout-NYLXS] getting out of the US
|
The longer I live here, the more I feel trapped here.
This country is becoming a surveillance state and a huge jail.
Renunciation of U.S. Nationality
A. THE IMMIGRATION & NATIONALITY ACT
Section 349(a)(5) of the Immigration and Nationality Act (INA) (8 U.S.C.
1481(a)(5)) is the section of law governing the right of a United States
citizen to renounce his or her U.S. citizenship. That section of law
provides for the loss of nationality by voluntarily
"(5) making a formal renunciation of nationality before a diplomatic or
consular officer of the United States in a foreign state , in such form
as may be prescribed by the Secretary of State" (emphasis added).
B. ELEMENTS OF RENUNCIATION
A person wishing to renounce his or her U.S. citizenship must
voluntarily and with intent to relinquish U.S. citizenship:
appear in person before a U.S. consular or diplomatic officer,
in a foreign country (normally at a U.S. Embassy or Consulate); and
sign an oath of renunciation
Renunciations that do not meet the conditions described above have no
legal effect. Because of the provisions of Section 349(a)(5), U.S.
citizens cannot effectively renounce their citizenship by mail, through
an agent, or while in the United States. In fact, U.S. courts have held
certain attempts to renounce U.S. citizenship to be ineffective on a
variety of grounds, as discussed below.
C. REQUIREMENT - RENOUNCE ALL RIGHTS AND PRIVILEGES
a person seeking to renounce U.S. citizenship must renounce all the
rights and privileges associated with such citizenships. In the case of
Colon v. U.S. Department of State , 2 F.Supp.2d 43 (1998),the U.S.
District Court for the District of Columbia rejected Colon’s petition
for a writ of mandamus directing the Secretary of State to approve a
Certificate of Loss of Nationality in the case because he wanted to
retain the right to live in the United States while claiming he was not
a U.S. citizen.
D. DUAL NATIONALITY / STATELESSNESS
Persons intending to renounce U.S. citizenship should be aware that,
unless they already possess a foreign nationality, they may be rendered
stateless and, thus, lack the protection of any government. They may
also have difficulty traveling as they may not be entitled to a passport
from any country. Even if not stateless, former U.S. citizens would
still be required to obtain a visa to travel to the United States, or
show that they are eligible for admission pursuant to the terms of the
Visa Waiver Pilot Program (VWPP). Renunciation of U.S. citizenship may
not prevent a foreign country from deporting that individual to the
United States in some non-citizen status.
E. TAX & MILITARY OBLIGATIONS /NO ESCAPE FROM PROSECUTION
Persons who wish to renounce U.S. citizenship should be aware of the
fact that renunciation of U.S. citizenship may have no effect whatsoever
on his or her U.S. tax or military service obligations (contact the
Internal Revenue Service or U.S. Selective Service for more
information). In addition, the act of renouncing U.S. citizenship does
not allow persons to avoid possible prosecution for crimes which they
may have committed in the United States, or escape the repayment of
financial obligations previously incurred in the United States or
incurred as United States citizens abroad.
F. RENUNCIATION FOR MINOR CHILDREN/INCOMPETENTS
Citizenship is a status that is personal to the U.S. citizen. Therefore
parents may not renounce the citizenship of their minor children.
Similarly, parents/legal guardians may not renounce the citizenship of
individuals who are mentally incompetent. Minors seeking to renounce
their U.S. citizenship must demonstrate to a consular officer that they
are acting voluntarily and that they fully understand the
implications/consequences attendant to the renunciation of U.S. citizenship.
G. IRREVOCABILITY OF RENUNCIATION
Finally, those contemplating a renunciation of U.S. citizenship should
understand that the act is irrevocable, except as provided in section
351 of the INA (8 U.S.C. 1483), and cannot be canceled or set aside
absent successful administrative or judicial appeal. (Section 351(b) of
the INA provides that an applicant who renounced his or her U.S.
citizenship before the age of eighteen can have that citizenship
reinstated if he or she makes that desire known to the Department of
State within six months after attaining the age of eighteen. See also
Title 22, Code of Federal Regulations, section 50.20).
Renunciation is the most unequivocal way in which a person can manifest
an intention to relinquish U.S. citizenship. Please consider the effects
of renouncing U.S. citizenship, described above, before taking this
serious and irrevocable action. If you have any further questions
regarding this matter, please contact:
Regular Mail
U.S. Department of State
CA/OCS/L
SA-17, 10th Floor
Washington, D.C. 20522-1710
--
So many immigrant groups have swept through our town
that Brooklyn, like Atlantis, reaches mythological
proportions in the mind of the world - RI Safir 1998
http://www.mrbrklyn.com
DRM is THEFT - We are the STAKEHOLDERS - RI Safir 2002
http://www.nylxs.com - Leadership Development in Free Software
http://www2.mrbrklyn.com/resources - Unpublished Archive
http://www.coinhangout.com - coins!
http://www.brooklyn-living.com
Being so tracked is for FARM ANIMALS and and extermination camps,
but incompatible with living as a free human being. -RI Safir 2013
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