US Citizenship for Children Moving Abroad: What You Need to Know

Many parents wonder what happens to their child's American citizenship if their family relocates to another country. The good news is that, as long as the child has not explicitly renounced their citizenship, their American citizenship remains intact. In this article, we will explore the intricacies of U.S. citizenship for children moving abroad and the conditions under which it can or cannot be lost.

Understanding U.S. Citizenship

U.S. citizenship is a lifelong status, meaning it does not expire. Even if a U.S. citizen lives abroad for most of their life, they still retain the right to return to the United States. According to U.S. law, a citizen can only lose their status under three specific circumstances:

Voluntary Oath of Renunciation: An adult citizen can voluntarily go to a U.S. Embassy abroad and take the oath of relinquishment, explicitly giving up their citizenship. Committing Certain Crimes: Certain serious crimes against the U.S., such as treason or espionage, can result in the loss of citizenship. These crimes involve intending to relinquish U.S. citizenship. Lying on Immigration or Naturalization Application: If it is proven that a U.S. citizen lied on their naturalization or immigration application, the citizenship can be revoked. This does not typically apply to birthright citizens.

It is important to note that simply moving outside the United States has no impact on a U.S. citizen's status. If you ever decide to return to the U.S., you will be warmly greeted with the words "Welcome home."

Renunciation Procedures for Minors

The process of renouncing U.S. citizenship is different for minors compared to adults. If a child wishes to renounce their citizenship, they must do so in front of a U.S. consular official. This is a very serious matter and is typically not permitted until the child is 16 years old. Even then, the process is very carefully vetted, particularly for those turning 16 or 17.

A Historical Perspective

Around the 1960s, there was a system in place where U.S. citizens could automatically lose their citizenship if they lived abroad for a long time and led a full life abroad. However, this system has since changed due to a 1967 court ruling. Today, a U.S. citizen can live abroad, marry a foreigner, join a foreign army, or burn the American flag, and they will still retain their U.S. citizenship.

Contemporary Challenges

While a U.S. citizen has the right to return to the U.S., many are afraid of being arrested at the border for failing to comply with U.S. tax laws. The U.S. has extraterritorial taxation, which can be complex and expensive, and not all citizens can afford to pay both their local and U.S. taxes. This has led to a situation where millions of ordinary Americans struggle to comply with U.S. tax requirements, despite their right to return.

Conclusion

U.S. citizenship is a significant right that comes with certain obligations, including tax compliance. However, it also includes the right to return to the United States and live there permanently, despite living abroad for extended periods. As long as a child has not explicitly renounced their citizenship, they can retain their U.S. status. It is important for parents and children to understand these nuances to make informed decisions about their future and the impact it might have on their U.S. citizenship.