AmericanWannabe said:
Is there any precedence that a natualized citizen gave up citizenship & became a PR?
Or laws requires that either you keep your citizenship or
leave USA for good?
Always novel !questions
will be posted by AWB
As per precedence of this type of cases,I am skeptical even an law firm with
a 40-50 years immigration practice, can find one of this nature.
Now it's the turn of AWB to explore and provide one such for a change.
As far as renunciation and affects for 'what may happen' when.. clauses,
let us review the issues.(from state gov. info' and others)
1)Renunciation is the most unequivocal way in which a person can manifest an intention to relinquish U.S. citizenship. Those contemplating a renunciation of U.S. citizenship should understand that renunciation is irrevocable, except as provided in Section 351 of the Immigration and Nationality Act, and cannot be cancelled or set aside absent successful administrative or judicial appeal. Consequently, renunciation of U.S. citizenship is not a step to be taken lightly
2)The U.S. Department of State has concluded that the intention to relinquish U.S. nationality required for purposes of finding loss of nationality for the purposes of Section 349(a) of the INA does not exist where a renunciant plans or claims a right to continue to reside in the United States, unless the renunciant demonstrates that residence will be as an alien documented properly under U.S. law.
3)Renunciations which are not in the form prescribed by the Secretary of State have no legal effect. Because of the way in which Section 349(a)(5) is written and interpreted, Americans cannot effectively renounce their citizenship by mail, through an agent, or while in the United States.
4)Further, a person who has renounced U.S. nationality ****will be required to apply for a visa to travel to the United States, just as other aliens do.*** If found ineligible for a visa, a renunciant could be permanently barred from the United States. Renunciation of American citizenship does not necessarily prevent a former citizen's deportation from a foreign country to the United States.
5)Those persons who, after careful consideration of the contents , desire to renounce U.S. citizenship may contact the U.S. embassy to make an appointment, bearing in mind that they will be asked to demonstrate poof of foreign residence, or failing that, evidence that they intend to enter the United States as an alien with documentation t that effect. Moreover, a person in possession of a U.S. passport will be asked to submit that passport to the U.S. consular officer for cancellation. If the certificate of loss of nationality is approved by the U.S. Department of State, the individual's name will be entered in the Department's name check system and they will be ineligible for U.S. passports in the future.
