llbeeno

I was a US citizen who has renounced my citizenship as of December 2008. My two sons are 3 and 5 - are they automatically US citizens? Would really appriciate if someone can help! LLBeno

Manc

where were they born?

llbeeno

In the UK - thanks!

Manc

I don't know the answer, although someone will

but just curious as to why you renounced.

if you don't want to say is fine, I am just wondering.

llbeeno

Was too complicated doing the tax returns!

crg

What year were you and the child's other parent born? During what time periods did you and/or your child's other parent live in the US. Were the children born in wedlock? What is the citizenship of the other parent? Were the children ever admitted to the US as permanent residents?

llbeeno

What year were you and the child's other parent born?
Both in 1970 - she is Sweedish
During what time periods did you and/or your child's other parent live in the US.
I only lived there as a child, and then again for a few months in 2009
Were the children born in wedlock?
Yes
What is the citizenship of the other parent?
Sweedish
Were the children ever admitted to the US as permanent residents?
I don't think so - I will check

dreamercon

If you lived (and can prove it) in the US for five years, two of of which after the age of fourteen, and those five years were before the children were born, then your children are US citizens. Otherwise, they are not.

It sounds like your children are not US citizens from what you are saying. IMHO, you should have made sure that your children have US citizenship before renouncing - now there is nothing you can do to help your children gain US citizenship.

crg

It's my understanding that you must have been physically present in the US or outlying possessions for at least 5 years with at least 2 of those 5 years after you turned 14.

If you moved out of the US after you turned 16, and lived 5 years in the US then you would have transmitted citizenship to the children.

You could seek an N600 through the embassy if you think they qualify, but it doesn't look good.

llbeeno

this is very helpful - thanks. Is there anyway of getting an official view on this - should I contact the US embassy or similar?

Rete

Now that seems like a good reason ... NOT

And, dear, your wife is Swedish not Sweedish.

dreamercon

Official view? You should contact a US immigration lawyer. Never trust what the embassy tells you. I do think the advice you received here though is very accurate.

Noorah101

I actually thought it was somehow illegal to renounce US citizenship for tax purposes....but not sure how that would be enforced.

Rene

Rete

Probably gave them some other reason for doing so.

ian-mstm

I don't believe it's actually illegal, but there is a caveat involved in that... the IRS can still come after you and impose massive penalties.


Usually, a note is made on your permanent record. If the person ever tries to re-enter the US, the IRS is immediately notified and can then go after the person.

In this case, it'd be a real shame if the children were not USCs. So often, people do things to suit themselves without thinking that at some point in the future, their children might want to do things differently.

Ian