Relinquishment of U.S. Nationality
Relinquishment of U.S. nationality by performing certain potentially expatriating acts, including taking the oath of renunciation of U.S. citizenship, voluntarily and with the intention of relinquishing U.S. citizenship, is a personal right and can never be exercised on a person’s behalf. For example, a person’s parent(s) or legal guardian may not take the oath for renunciation for that person. A Certificate of Loss of Nationality of the United States (CLN) approved by the Department of State is the final agency determination of loss of U.S. nationality.
NOTE: The steps below provide instructions for requesting a CLN based on taking the oath of renunciation under Immigration and Nationality Act (INA) Section 349(a)(5), 8 USC 1481(a)(5). For information on the parallel process to request a CLN based on the performance of a potentially expatriating act under INA 349(a)(1)-(4), 8 USC 1481(a)(1)-(4), please see https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality.html and/or contact Consulate Vienna at ConsulateVienna@state.gov.
Oath of Renunciation of U.S. Nationality – Immigration and Nationality Act 349(a)(5), 8 USC 1481(a)(5)
U.S. Embassy Austria processes requests to take the oath of renunciation of U.S. citizenship under INA 349(a)(5). Minors, individuals who do not read or write English, individuals with mental health/cognitive disability or impairment and/or guardianship, and those for whom loss of U.S. nationality would result in statelessness are invited to contact the Embassy or a consulate directly at the email addresses above to discuss taking the oath of renunciation.
Taking the oath to renounce U.S. nationality before a U.S. diplomatic or consular officer overseas is a serious and irrevocable act. Therefore, you should carefully consider and fully understand theconsequences and ramifications of this act prior to your decision to begin the process to request a Certificate of Loss of Nationality.
Process to Request a Certificate of Loss of Nationality (CLN)
Under Immigration and Nationality Act (INA) 349(a)(5)
WAIT TIMES: The current wait time to take an oath of renunciation of U.S. citizenship at U.S. Consulate Vienna is at least six months. You will not be placed on the waitlist until you complete Steps 1 and 2 below.
For questions related to possible tax implications, please contact the Internal Revenue Service and/or review the Joint Foreign Account Tax Compliance Act (FATCA) FAQ.
For questions related to Social Security Administration (SSA) or other federal benefits, please contact Frankfurt Federal Benefits Unit .
STEP 1: REVIEW THE INFORMATION BELOW
Please read the information available online at the Department of State and Internal Revenue Service links below regarding the legal requirements for taking the oath of renunciation before beginning the process to request a CLN. Loss of U.S. nationality is irrevocable, and you should fully understand the consequences and ramifications before beginning this process.
- Renunciation of U.S. Nationality
- Renunciation of U.S. Citizenship by Persons Claiming a Right of Residence in the U.S.
- Advice About Possible Loss of U.S. Citizenship and Dual Nationality
- Advice About Possible Loss of U.S. Citizenship and Seeking Public Office in a Foreign State
- Advice About Possible Loss of U.S. Citizenship and Foreign Military Service
- Expatriation Tax Guidance
- Tax Consequences Expatriation – After June 16, 2008 FAQs (PDF 68.3 KB)
- IRS Form 8854 – Initial and Annual Expatriation Information Statement (PDF 133.1KB)
- Instructions for IRS Form 8854 (PDF 239KB)
- IRS Notice 2009-85 – Guidance for Expatriates Under Section 877A
- Form DS-4081, Statement of Understanding Concerning the Consequences and Ramifications of Renunciation or Relinquishing of U.S. Nationality (Read, but do NOT complete)
- Form DS-4080, Oath/Affirmation of Renunciation of Nationality of United States (Read, but do NOT complete)
STEP 2: SCHEDULE AND ATTEND YOUR FIRST INTERVIEW AT U.S. CONSULATE VIENNA
- Go to the U.S. Embassy Austria’s website page for Notarials, click on “Schedule an Appointment, ” and make an appointment for “Notarial and other services.” No fee is collected at this first interview.
- On the day of your appointment, please bring::
- ORIGINAL most recent U.S. passport,
- ORIGINAL most recent U.S. passport card (if applicable),
- ORIGINAL U.S. birth certificate (issued by your State of birth) or
ORIGINAL Consular Report of Birth Abroad or Certificate of U.S. Citizenship or Certificate of U.S. Naturalization
- ORIGINAL most recent Austrian or other second nationality passport or Government-issued ID Card(s) – If you possess multiple nationalities, bring Passport or Government-issued ID for all nationalities
- If you do not have a valid Austrian passport, please bring original evidence of your other (non-U.S.) citizenship, or grant of Austrian citizenship (Zusicherungsbescheid)
- ORIGINAL proof of any name changes, if applicable (such as marriage certificates or official, court order, divorce decree, etc.), if applicable.
- The address of your last residence in the United States.
- A checklist will be provided of any missing documents. Your case cannot proceed until all required original documentation is provided.
- A consular employee will review your documents for completeness.
- A consular officer answer any questions you may have about the process, and speak to you about whether your understanding of the consequences of taking an oath renouncing your U.S. citizenship and whether you are acting voluntarily.
- If your case is deemed complete and you confirm your intent to proceed, you will be placed on the waitlist for your second and final interview. Applicants are placed on the waitlist in order of completing the first two steps.
STEP 3: SCHEDULE AND ATTEND YOUR FINAL INTERVIEW TO TAKE THE OATH OF RENUNCIATION OF U.S. CITIZENSHIP WITH ALL REQUIRED ORIGINAL DOCUMENTS AND PAY THE FEE.
- Scheduling: You will be contacted by e-mail and provided with the day and time of your final interview. You may receive interim phone calls or emails to discuss any outstanding issues.
- Documents: On the day of your appointment, you must bring all the ORIGINAL documents you previously presented.
- Your U.S. Consular Report of Birth Abroad, Certificate of Naturalization generally will be retained by the Embassy during the remainder of the process and then returned to you.
- Your U.S. passport also will be retained and, if your Certificate of Loss of Nationality is approved by the Department of State, it will be canceled before it is returned to you upon your request.
- If you need to travel to the United States on your U.S. passport after the second interview but before the Certificate of Loss of Nationality has been approved, please so advise the embassy or consulate at the second interview.
- Interview: A Consular Officer will interview you. You will be given another opportunity to review the documents prior to signing them and taking the oath of renunciation.
- Fee: Immediately prior to taking the Oath of Renunciation, you must pay the non-refundable fee of $2,350 for processing the request for Certificate of Loss of Nationality. We accept credit cards (preferred), or cash (Euros or Dollars). We do NOT accept personal checks or bank debit, ATM or Bankomat cards. This fee is not waivable, nor is it refundable on the sole basis of denial of your request for a CLN.
After the interview: U.S. Consular Section Vienna will submit your request to the Department of State for final decision. If your request is approved (usually within three weeks of your final interview), the Certificate of Loss of Nationality will be mailed to your home address. If approved, the effective date of expatriation is the date you performed the potentially expatriating act as defined in INA 349(a)(1)-(5). The Certificate of Loss of Nationality is the sole legal document establishing loss of U.S. nationality.
NOTE: The steps above outline the process for requesting a CLN based on taking an oath of renunciation before a U.S. diplomatic or consular officer abroad under Immigration and Nationality Act (INA) Section 349(a)(5), 8 USC 1481(a)(5). For information on the parallel process to request a Certificate of Loss of Nationality (CLN) on the basis of the commission of another potentially expatriating act under INA 349(a)(1)-(4), 8 USC 1481(a)(1)-(4), please contact ConsulateVienna@state.gov.
Should you have any questions please e-mail ConsulateVienna@state.gov. Please provide name, telephone number and the best time for you to be reached by phone and a representative will contact you accordingly.
Thank you again for contacting us.