Overview of the Loss of Citizenship Process

Renunciation of U.S. citizenship is a lengthy, complex, irrevocable process that requires two interviews at an Embassy or Consulate abroad, filling out multiple forms, and a $2,350 processing fee.

An Overview of the Process Abroad

If you are planning to renounce your U.S. citizenship, you need to schedule an initial consultation. At this first appointment, a consular officer will also explain in detail the consequences of losing the rights and privileges of citizenship. If you wish to proceed, you will review the documents you need to renounce your U.S. citizenship.

For this interview, please bring in your naturalization certificate or U.S. birth certificate and U.S. passport. Be aware that if you do not bring these documents, it will delay the process.

At the end of the first interview, a consular officer will give you a packet of documents that you should review. We will then schedule a second interview on a different date for you. This second interview allows individuals to reflect on the very serious act of losing U.S. citizenship. This step is required by law and cannot be skipped, accelerated, or omitted.

During your second appointment, the consular officer will collect your fee of $2,350, review your documents, and administer an Oath of Renunciation. These documents will then be sent to Washington for a final adjudication.

Legal Determination of Loss of Citizenship

The Immigration and Nationality Act unequivocally confers upon the Department of State the power to adjudicate loss of nationality claims. Your loss of citizenship is not complete until you receive approval, in the form of a Certificate of Loss of Nationality, from the Department. Renunciation of citizenship is not self-executing, and a Certificate of Loss of Nationality must be approved before you can claim you are no longer a citizen. Surrendering your passport to the Embassy or a Consulate is not an expatriating act, and does not constitute loss of U.S. citizenship.

Tax and Military Obligations/No Escape from Prosecution

Persons who wish to renounce U.S. citizenship should also be aware that the fact that a person has renounced 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 will 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.

Renunciation for Minor Children

Parents cannot renounce U.S. citizenship on behalf of their minor children. Before an oath of renunciation will be administered under Section 349(a)(5) of the INA, a person under the age of eighteen must convince a U.S. diplomatic or consular officer that he/she fully understands the nature and consequences of the oath of renunciation, is not subject to duress or undue influence, and is voluntarily seeking to renounce his/her U.S. citizenship.

Irrevocability of Renunciation

Anyone 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.

For More Information

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.

For more information on the process, you can view the Department of State’s webpage on Renunciation of U.S. Nationality Abroad.

Child Citizenship Act of 2000 – Sections 320 and 322 of the Immigration and Nationality Act

The Child Citizenship Act of 2000 (CCA) is codified at Immigration and Nationality Act (INA) Sections 320 and 322.  INA Section 320 makes it possible for foreign-born children who did not acquire U.S. citizenship at birth through a U.S. citizen parent to acquire U.S. citizenship automatically upon fulfillment of certain conditions while under the age of 18.  INA 322 provides for expedited naturalization of foreign born children who meet certain requirements, also while under the age of 18.  The CCA applies to persons who were/are under the age of 18 on or after the effective date, February 27, 2001. If you are residing overseas and have questions you may visit your nearest U.S. embassy or consulate.

INA Section 320: Children Born Outside of the United States and Residing in the United States; Conditions under which Citizenship Automatically Acquired

A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

• At least one of the child’s parents is a U.S. citizen by birth or naturalization;
• The child is under 18 years of age;
• The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence.

INA Section 320 applies to a child adopted by a U.S. citizen parent if the child satisfies the requirements applicable to adopted children under INA Section 101(b)(1); e.g., generally a child adopted while under the age of 16 if the child has been in the legal custody of, and has resided with, the adopting parent for at least two years; or who is an orphan on whose behalf an immediate relative petition has been filed while under the age of 16. The adoption must be final for the child to acquire U.S citizenship.

Generally, immediate family members may accompany passport or CRBA applicants to their appointment interviews at a U.S. embassy or consulate, and all minor children must be accompanied by a parent or guardian.  Passport or CRBA applicants also have the option of being accompanied by an attorney at their appointment interview.  Attendance by any third party, including an attorney, accompanying an applicant is subject to the following parameters designed to ensure an orderly appointment interview process and to maintain the integrity of the adjudication of the application(s):

 

o   Given space limitations in the consular section, not more than one attendee at a time will be allowed to accompany an applicant (or the applicant’s parent or guardian if the applicant is a minor).

o   Attendance by an attorney does not excuse the applicant and/or the minor applicant’s parent or guardian from attending the appointment interview in person.

o   The manner in which a passport or CRBA appointment interview is conducted, and the scope and nature of the inquiry, shall at all times be at the discretion of the consular officer, following applicable Departmental guidance.

o   It is expected that attorneys will provide their clients with relevant legal advice prior to, rather than at, the appointment interview, and will advise their clients prior to the appointment interview that the client will participate in the appointment interview with minimal assistance.

o   Attorneys may not engage in any form of legal argumentation during the appointment interview and before the consular officer.

o   Attendees other than a parent or guardian accompanying a minor child may not answer a consular officer’s question on behalf or in lieu of an applicant, nor may they summarize, correct, or attempt to clarify an applicant’s response, or interrupt or interfere with an applicant’s responses to a consular officer’s questions.

o   To the extent that an applicant does not understand a question, s/he should seek clarification from the consular officer directly.

o   The consular officer has sole discretion to determine the appropriate language(s) for communication with the applicant, based on the facility of both officer and applicant and the manner and form that best facilitate communication between the consular officer and the applicant.  Attendees may not demand that communications take place in a particular language solely for the benefit of the attendee.  Nor may attendees object to or insist on the participation of an interpreter in the appointment interview, to the qualifications of any interpreter, or to the manner or substance of any translation.

o   No attendee may coach or instruct applicants as to how to answer a consular officer’s question.

o   Attendees may not object to a consular officer’s question on any ground (including that the attendee regards the question to be inappropriate, irrelevant, or adversarial), or instruct the applicant not to answer a consular officer’s question.  Attendees may not interfere in any manner with the consular officer’s ability to conduct all inquiries and fact-finding necessary to exercise his or her responsibilities to adjudicate the application.

o   During a passport or CRBA appointment interview, attendees may not discuss or inquire about other applications.

o   Attendees may take written notes, but may not otherwise record the appointment interviews.

o   Attendees may not engage in any other conduct that materially disrupts the appointment interview.  For example, they may not yell at or otherwise attempt to intimidate or abuse a consular officer or staff, and they may not engage in any conduct that threatens U.S. national security or the security of the embassy or its personnel.  Attendees must follow all security policies of the Department of State and the U.S. embassy or consulate where the appointment interview takes place.

 

Attendees may not engage in any conduct that violates this policy and/or otherwise materially disrupts the appointment interview.  Failure to observe these parameters will result in a warning to the attendee and, if ignored, the attendee may be asked to leave the appointment interview and/or the premises, as appropriate.  It would then be the applicant’s choice whether to continue the appointment interview without the attendee present, subject to the consular officer’s discretion to terminate the appointment interview.  The safety and privacy of all applicants awaiting consular services, as well as of consular and embassy personnel, is of paramount consideration.

Congratulations on the birth of your child abroad!

If:

• You are a U.S. citizen parent(s);
• Your biological child was born abroad;
• Your child is under the age of 18 years; and
• The U.S. citizen parent(s) meet the transmission requirements as outlined in the transmission requirements.

You may apply for your child’s Consular Report of Birth Abroad (CRBA) before the child’s 18th birthday at the U.S. Mission in Pakistan.

Apply in Person

To apply for a CRBA at the U.S. Mission in Pakistan, the child’s biological parent(s), preferably the U.S. citizen parent must come to our office in person, with the child.  Either parent, including a non-U.S. citizen parent, may execute and sign this application.

Schedule an Appointment

In order to provide better services to our clients, we require an appointment for all routine services; including appointments for CRBA. DO NOT schedule an appointment until you have completed all forms and compiled the appropriate supporting evidence with the documents listed below.  If your application is incomplete you will be asked to reschedule.

Click here to make or cancel a CRBA appointment at the U.S. Mission in Pakistan.

CRBA Appointment Procedure for Islamabad: Please be advised that CRBA appointments for Islamabad can only be obtained using the ACS Islamabad navigator. For all other routine appointments use the regular appointment calendar.

 

Documents Required at the time of CRBA interview:

We stand ready to assist you; however, the biggest obstacle to a quick completion of the CRBA application process is obtaining all of the necessary documents. If you do not bring the appropriate documentation, we will suspend processing of the application, and you may be required to schedule another appointment.

Please read the below information in preparation for your interview. Please prepare ALL the required documentation for the Consular Report of Birth Abroad, your child’s first U.S. passport.  These include:

 Forms

1. Application for Consular Report of Birth Abroad(DS 2029).
2. Application for U.S. Passport (DS-11)
3. Form DS-3053 (If one parent is applying)

Documents

1. Child’s original birth certificate issued by the hospital plus one photocopy;
2. Child’s original birth certificate issued by the Local Government: (Cantonment Board/Union Council/CDA) plus one photocopy.
3. Child’s photographs: Please bring 2 recent color photographs, 2″x 2″, on white background with full front view. ‘Photo shopped’ photos will not be accepted;
4. U.S. passport and/or Certificate of Naturalization of US citizen parent(s) or a certified copy* of either.
5. Evidence of identity of non-US citizen parent(e.g., Pakistani passport, CNIC or any other Government issued ID);
6. Parents’ original marriage certificate/Nikah Nama with notarized English translation with one photocopy of the original and the English translation;
7. Original Divorce/Death Certificate and notarized English translation with one photocopy of the original and the certified translation. Rupee paper will not be accepted;
8. U.S. Citizen parent’s Evidence of Physical Presence (examples of documentation include the list below – please bring ALL examples with you to the interview to provide conclusive proof of physical presence):
   • Wage and tax statements (W-2)
   • Rental leases
   • Official academic transcripts (from any level of school – elementary, middle or high school, vocational/trade, or college/university)
   • Professional licenses
   • Vaccination or other medical records
   • Property tax records
   • Utility bills
   • Employment records
   • U.S. passport stamps may be considered a part of the evidence submitted, but should not be the sole documentary evidence. Drivers’ licenses do not constitute evidence of physical presence.
   • Birth certificates for other U.S.-born children
   • If you have other children who have been issued with a Consular Report of Birth Abroad, this may be considered as supplemental evidence
   • *U.S. military service records, employment with U.S. Government or certain intergovernmental international organizations; or as a dependent, unmarried child and member of the household of a parent in such service or employment (except where indicated) – may count towards U.S. physical presence even if employed outside the United States

*Certified copies must be notarized by a US notary public or US consular officer. Pakistani notarial will not be accepted;

Fees

The total fee for both a CRBA and a U.S. passport is $235 (CRBA–$100 and passport–$135).

NOTE: You may be asked to provide additional documentation at the time of your interview. By regulation you will have 90 days to submit the requested documentation or the case will be closed for insufficient evidence to establish U.S. citizenship of the applicant. All fees are non-refundable.

The minimum processing times for American Citizen Services provided at the U.S. Embassy Islamabad are:

• Consular Report of Birth Abroad (CRBA) and first-time passport applications – approximately 3 to 4 weeks
• Adult and minor (applicants under 16 years of age) passport renewal applications – approximately 3 weeks
• U.S. passport card applications – approximately 5 weeks

U.S. Embassy Islamabad will deliver documents (passport book, passport card, CRBA, application supporting documents) to the address provided by the applicant through TCS Private Limited.  This is a charge on delivery service that must be paid by the applicant.  The estimated cost of delivery to your residence is 930/- Pakistani Rupees.

Only the passport holder, or parents of applicants under age 16, can sign for the passport and/or CRBA delivery.  Delivery and payment questions should be sent directly to TCS Private Limited at customerservices@tcs.com.pk or 021-111-123-456.

TCS Private Limited will make two delivery attempts to the address you provided.  If the delivery attempt fails, your documents will be returned to our office and you will need to contact U.S. Embassy Islamabad to arrange for pick-up.  Any documents returned to U.S. Embassy Islamabad that are NOT collected from the Embassy within 90 days will be returned to the United States.

If you need to send additional supporting documents to U.S. Embassy Islamabad, you should do so through TCS Private Limited.

Please contact TCS Private Limited for their Terms of Delivery