Thinking of Retiring Abroad
What are the ways a U.S. citizen living abroad maintains citizenship status?
You can’t lose your citizenship just by living abroad for many years. Once you are a U.S. citizen, losing it or giving it up is no easy endeavor. Becoming an expatriate typically requires both an action and clear-cut intention on your part, as well as proactive conduct on the part of the Department of State.
Under current law, while you have a right to renounce your U.S. citizenship, you won’t lose it merely by being absent from the United States. This is true even if you naturalize in a foreign country, and take a routine oath of allegiance to a foreign government. Renunciation before a U.S. consul abroad is ordinarily the clearest way of establishing expatriation. Otherwise, you can retire to another country and still maintain your citizenship status.
What acts will lead to a loss of citizenship status?
Under the current statute, there are seven types of acts that can result in loss of citizenship:
Obtaining naturalization in a foreign country after the age of 18
Taking an oath of allegiance to a foreign country or subdivision after the age of 18
Serving in the armed forces of a foreign country if that country is engaged in hostilities against the United States, or serving as a commissioned or noncommissioned officer in the armed forces of the foreign country
Taking a government job with another country, under certain circumstances
Renouncing citizenship in the prescribed form before a U.S. diplomatic or consular officer in a foreign country
Renouncing in time of war, upon approval of the Attorney General
Conviction for an act of treason
To result in expatriation, the act must not just be voluntary. It must be accomplished with the intention of relinquishing U.S. citizenship. Again, renunciation of citizenship before an officer of the United States at a U.S. consulate is the clearest way to establish a loss of citizenship. A certificate documenting the loss of citizenship will usually be issued.
What happens if the State Department realizes that you’ve become a citizen of a foreign country or you’ve engaged in some other expatriating act?
You’ll get a letter from the U.S. embassy in the country where you live asking you to come in to discuss your citizenship status. The consul may ask you whether you intend to give up your citizenship. In some instances, you may be sent a questionnaire, but this is not as common as it used to be. If it is determined that you did not have the requisite intent, the consul typically sends a certification as such to the Department of State in Washington. Evidence that expatriation is intended, however, will usually lead to the issuance of a certificate of loss of citizenship. This is an administrative finding that registers the loss of nationality as of the date of the expatriating act. Generally, the State Department takes the position that “it is no longer possible to terminate an American’s citizenship without the citizen’s cooperation.”
If you lose your citizenship, you’ll have to relinquish your U.S. passport. The next time you try to enter the United States, you will
have to enter with a foreign passport and a visa, unless a waiver is available.
Getting your citizenship back once you’ve relinquished it
If you want to make a case that you’re still a U.S. citizen in your heart, hire an experienced lawyer and fight the case, even years
after you’ve been presumed to give up citizenship. Formal renunciation of U.S. citizenship before a consul is one of the most
difficult cases an attorney can confront. The attorney needs to demonstrate that the oath of renunciation was not knowingly made,
or perhaps did not comply with procedural requirements established by the Department of State. Duress, misinformation, and
other mitigating factors may be taken into account.
The Department of State has established fairly stringent guidelines in an effort to ensure that the person attempting to renounce
citizenship understands the consequences of the oath, and the finality of the process. If the process is properly documented by a
consular official, it may be all the more difficult to argue that you did not know what you were doing.
Legally, no matter how often you vote or use your U.S. passport around the time you renounce your citizenship, you may be out of
luck. Once you’ve renounced citizenship formally and pledged allegiance to a new country, you’re no longer a citizen of the United
States.
Dual citizenship
There is no law in the United States against dual citizenship, but if you enter this country, you must do so on a U.S. passport and
not on a visa with your foreign passport. The use of your passport when you have dual citizenship gets tricky, so research the
area before you fly from country to country. For more information, see our separate topic discussion, Issues Affecting U.S.
Citizens Living Abroad .
