Mounties Electrocute Airline Passenger

"Jim Logajan" wrote in message
.. .
"NW_Pilot" wrote:
All this was beacuse
from my Lebanon trip. They keep telling me they don't have to let me
back in to the U.S. the country I was born!

Heh. I suspect that eventually Canada (or whatever country you were
returning from) might put you on a plane headed back to the U.S. and deny
you reentry to their country for overstaying your visit!

I don't know much about it or whether your previous ferry trips have
already tainted any background checks they perform on you, but maybe
applying to one of the "Trusted Traveler" programs would reduce future
contact with low-I.Q. goons:

http://www.cbp.gov/xp/cgov/travel/trusted_traveler/

It's not any other country but my own raising a stink! I have been
a_rrested/detained twice on return to the U.S. once upon leaving the plane
(entering the jetway) and once on the plane rather interesting looks I got
on that one.

Renunciation of U.S. Citizenship

A. THE IMMIGRATION & NATIONALITY ACT

Section 349(a)(5) of the Immigration and Nationality Act (INA) is the
section of law that governs the ability of a United States citizen to
renounce his or her U.S. citizenship. That section of law provides for the
loss of nationality by voluntarily performing the following act with the
intent to relinquish his or her U.S. nationality:

"(5) making a formal renunciation of nationality before a diplomatic or
consular officer of the United States in a foreign state , in such form as
may be prescribed by the Secretary of State" (emphasis added).


B. ELEMENTS OF RENUNCIATION

A person wishing to renounce his or her U.S. citizenship must voluntarily
and with intent to relinquish U.S. citizenship:

appear in person before a U.S. consular or diplomatic officer,
in a foreign country (normally at a U.S. Embassy or Consulate); and
sign an oath of renunciation

Renunciations that do not meet the conditions described above have no legal
effect. Because of the provisions of section 349(a)(5), Americans cannot
effectively renounce their citizenship by mail, through an agent, or while
in the United States. In fact, U.S. courts have held certain attempts to
renounce U.S. citizenship to be ineffective on a variety of grounds, as
discussed below.

C. REQUIREMENT - RENOUNCE ALL RIGHTS AND PRIVILEGES

In the recent case of Colon v. U.S. Department of State , 2 F.Supp.2d 43
(1998), plaintiff was a United States citizen and resident of Puerto Rico,
who executed an oath of renunciation before a consular officer at the U.S.
Embassy in Santo Domingo. The U.S. District Court for the District of
Columbia rejected Colon's petition for a writ of mandamus directing the
Secretary of State to approve a Certificate of Loss of Nationality in the
case because the plaintiff wanted to retain one of the primary benefits of
U.S. citizenship while claiming he was not a U.S. citizen. The Court
described the plaintiff as a person, "claiming to renounce all rights and
privileges of United States citizenship, [while] Plaintiff wants to continue
to exercise one of the fundamental rights of citizenship, namely to travel
freely throughout the world and when he wants to, return and reside in the
United States." See also Jose Fufi Santori v. United States of America ,
1994 U.S. App. LEXIS 16299 (1994) for a similar case.

A person who wants to renounce U.S. citizenship cannot decide to retain some
of the privileges of citizenship, as this would be logically inconsistent
with the concept of citizenship. Thus, such a person can be said to lack a
full understanding of renouncing citizenship and/or lack the necessary
intent to renounce citizenship, and the Department of State will not approve
a loss of citizenship in such instances.

D. DUAL NATIONALITY / STATELESSNESS

Persons intending to renounce U.S. citizenship should be aware that, unless
they already possess a foreign nationality, they may be rendered stateless
and, thus, lack the protection of any government. They may also have
difficulty traveling as they may not be entitled to a passport from any
country. Even if they were not stateless, they would still be required to
obtain a visa to travel to the United States, or show that they are eligible
for admission pursuant to the terms of the Visa Waiver Pilot Program (VWPP).
If found ineligible for a visa or the VWPP to come to the U.S., a
renunciant, under certain circumstances, could be permanently barred from
entering the United States. Nonetheless, renunciation of U.S. citizenship
may not prevent a foreign country from deporting that individual back to the
United States in some non-citizen status.

E. TAX & MILITARY OBLIGATIONS /NO ESCAPE FROM PROSECUTION

Also, 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.

F. 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 and is voluntarily seeking to
renounce his/her U.S. citizenship. United States common law establishes an
arbitrary limit of age fourteen under which a child's understanding must be
established by substantial evidence.

G. IRREVOCABILITY OF RENUNCIATION

Finally, those contemplating a renunciation of U.S. citizenship should
understand that the act is irrevocable, except as provided in section 351 of
the INA, and cannot be canceled or set aside absent successful
administrative or judicial appeal. (Section 351(b) of the INA provides that
an applicant who renounced his or her U.S. citizenship before the age of
eighteen can have that citizenship reinstated if he or she makes that desire
known to the Department of State within six months after attaining the age
of eighteen. See also Title 22, Code of Federal Regulations, section 50.20).

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. If you have any further questions regarding this matter,
please contact the Director, Office of Policy Review & Interagency Liaison,
Bureau of Consular Affairs, U.S. Department of State, Washington, DC 20520.