cross-posted from the citizenshipsolutions blog
by John Richardson
Prologue:U.S. citizenship is not as attractive as it was
One benefit of U.S. citizenship: If one is a U.S. citizen then one cannot be deported from the USA
Some Green Card holders become U.S. citizens. Some do NOT become U.S.citizens. Many of those Green Card holders become U.S. citizens in order to avoid the possibility of deportation. Deportation results in expatriation and can (among other things) subject the unfortunate Green Card holder to the S. 877A Expatriation Tax, which can result in significant confiscation of assets. In fact, the S. 877A Expatriation Tax discourages people from seeking Green Cards in the first place. That said, it is only Green Card Holders who are “long term residents” who are subject to the Exit Tax.
The plight of Mr. Morales-Santana: No U.S. citizenship = the possibility of deportation
The facts as described by the court:
In 2000, the Government sought to remove Morales-Santana based on several criminal convictions, ranking him as alien because, at his time of birth, his father did not satisfy the requirement of five years’ physical presence after age 14. An immigration judge rejected Morales-Santana’s citizenship claim and ordered his removal. Morales Santana later moved to reopen the proceedings, asserting that the Government’s refusal to recognize that he derived citizenship from his U. S.-citizen father violated the Constitution’s equal protection guarantee.
A student at Carleton University has asked if we would allow him to use our blog to find volunteers for a study on the experiences of American/Canadian duals and former American/Canadian duals. Lynne and I have agreed to this, and we are very interested in the results. I’m not going to say much more, as the student, James Eastman-Timmons, will provide an introduction. I will say that I checked the Carleton U site and did some Googling, and did confirm that the professors who he listed as being on the ethics board who approved the project really are on the board, and that James has a profile on linkedin.
I hope many of us do take him up on this as, from my perspective, it’s an opportunity to help educate and inform a whole new set of people, who may, after this study comes out, join us in our fight.
If this report in Diplopundit is accurate, the cost to renounce U.S. citizenship will soar from $450 to $2350.
The percentage increase in the renunciation fee is 422%. With an estimated 2,378 annual renunciation of citizenship cases, this increase would net the USG an estimated $4,518,200. Using the projected FY 2014 workload, Consular Afffairs’ estimated change in annual fees collected for affected consular services is $64,003,862.
U.S. Department of State is expected to justify this with this statement:
The CoSM demonstrated that documenting a U.S. citizen’s renunciation of citizenship is extremely costly, requiring American consular officers overseas to spend substantial amounts of time to accept, process, and adjudicate cases.
Hmmm. I seems no one thought of another solution. Make the process easy. Allow it to be done via mail like Canada and many other countries do.
A couple of familiar names are featured prominently in the Associated Press story More Renounce US Citizenship But Defy The Stereotype.
Carol Tapanila (aka Calgary411):
“You know, we are not rich people and we are not tax evaders and we are not traitors and I’m more than tired of being labeled that way,” Tapanila says.
Decisions to renounce “are driven by a whole range of emotional considerations. … You’ve got anger, you’ve got fear, you’ve got a strong sense of indignation,” said John Richardson, a Toronto lawyer who advises people on expatriation. “For many of these people, this is not a tax issue at all.”
Peter Dunn (aka Petros at Brock) also tells his story. Many of the other names are not familiar to us, but their stories are.
I understand this Associated Press story will be in many more American newspapers tomorrow.
Patric Cain of Global News has a comprehensive article How To Get Rid of U.S. Citizenship.
This is a how-to ditch U.S. citizenship, an overview of FATCA and some familiar stories.