Hi, I have dual US and Cayman citizenship. I am currently on 5 years felony probation for a non-aggravated DWI and I would like to renounce my US citizenship. Since I'm on probation, can I be legally prevented from doing this? Thanks.
The problem, which no on has bothered to mention, is that you cannot renounce US citizenship while you are in the US. You must go to a US consulate outside the US. The nonsense expressed by Mr. Behar from San Diego, and the many questions he has tried to answer on AVVO, make me wonder about the how people in California become lawyers.
Here is a link regarding renouncing your US citizenship.: http://travel.state.gov/law/citizenship/citizenship_776.html
Follow the instruction carefully. If you have any questions, contact an immigration attorney.
Your being on probation has no bearing to renounce USC or lack thereof. Today renouncing USC is no longer a simple matter and carries with it a heavy burden known as an "Exit tax" for the government's presumption is that one is renouncing to avoid paying income taxes. Thus, I urge you to consult with a tax attorney for custom tailored advice in your particular situation, if you own or possess any type of property or assets. If the US government concludes that the main reason for your renunciation is to avoid paying income tax, you will be barred from re-entering the US for life. Otherwise, renunciation is a simple matter done at any US Consulate overseas.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You may renounce your citizenship provided you follow the steps outlined by the law. Probation has nothing to do with it, unless there are facts that are not disclosed here. I just do not know how it will help you...
New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.