DS-4079, Explained

A Comprehensive Guide to the DS-4079 Form and U.S. Citizenship Relinquishment

Prepared by TRW Law Firm – Your Global Immigration & Nationality Experts

Introduction to DS-4079

The DS-4079, officially titled “Request for Determination of Possible Loss of United States Nationality,” is a crucial document used by the U.S. Department of State to evaluate whether an individual has voluntarily and intentionally relinquished U.S. citizenship. Whether triggered by specific conduct abroad or submitted voluntarily by a U.S. citizen seeking expatriation, this form serves as the linchpin in determining if a person retains or has lost their American nationality.

In this in-depth TRW Law Firm guide, we cover the context, filing procedures, implications, and potential outcomes associated with submitting the DS-4079. Our experienced immigration attorneys provide the legal clarity and strategic insight needed to navigate this sensitive and impactful legal decision.

■ What Is DS-4079?

The DS-4079 is used in two primary scenarios:

■ When the U.S. government needs to determine whether a person has lost U.S. nationality by performing an “expatriating act” under the Immigration and Nationality Act (INA).

■ When a U.S. citizen voluntarily seeks to renounce their American citizenship.

This form is not to be confused with DS-4080 (Oath of Renunciation) or DS-4081 (Statement of Understanding), although they are used in the same process of formal expatriation. DS-4079 serves as the investigative backbone of the renunciation process and is mandatory in either scenario.

■ Legal Background: How Citizenship Can Be Lost

Under Section 349(a) of the Immigration and Nationality Act (8 U.S.C. §1481(a)), a U.S. citizen may lose nationality by voluntarily committing one of several expatriating acts, including:

■ Obtaining naturalization in a foreign country after the age of 18 ■ Taking an oath or declaration of allegiance to a foreign state ■ Serving in the armed forces of a foreign country engaged in hostilities against the U.S. ■ Accepting employment with a foreign government if one has the nationality of that country or if a declaration of allegiance is required ■ Formally renouncing U.S. nationality before a U.S. diplomatic or consular officer outside the U.S.

Critically, intent is a determining factor. A person must have voluntarily and with the intention of relinquishing U.S. citizenship committed the act. This is where the DS-4079 becomes indispensable.

■ Who Should File DS-4079?

Individuals Uncertain About Their Status

If you have acquired foreign citizenship, served a foreign government, or engaged in other potentially expatriating acts, but you are uncertain if you’ve lost your U.S. citizenship, the DS-4079 helps the Department of State assess your intent and decide your status.

Individuals Seeking Formal Renunciation

If you are voluntarily giving up U.S. citizenship, the DS-4079 is the starting point. Without this form, the renunciation process cannot legally proceed.

■ Consequences of Renouncing U.S. Citizenship

The implications of expatriation are significant. Before initiating the DS-4079 process, applicants should be aware of the following:

■ No Automatic Reversal: Renunciation is irrevocable (except under extremely rare circumstances). ■ No Automatic Visa Privilege: You do not gain automatic rights to travel to or reside in the U.S. once your citizenship is lost. You must apply for a visa like any other foreign national. ■ Exit Tax: High-net-worth individuals may face an expatriation tax under the Expatriation Tax Regime (IRC §877A). ■ Loss of U.S. Benefits: You may lose access to Social Security (in certain situations), Medicare, and federal employment opportunities. ■ Inheritance & Tax Planning: Estate and gift tax rules for covered expatriates can be particularly burdensome.

Consulting a qualified attorney is essential before taking this irrevocable step.

■ Filing Process for DS-4079

Step 1: Download and Complete the Form

The DS-4079 is available online on the U.S. Department of State website. The form requests details on:

■ U.S. and foreign citizenship status ■ Date and place of birth ■ Family background and connections to the U.S. ■ Employment history (including foreign governments) ■ Military service (domestic or foreign) ■ Oaths of allegiance ■ Intent when performing expatriating acts

Step 2: Gather Supporting Documents

You must provide original or certified copies of the following:

■ U.S. passport, certificate of naturalization, or birth certificate ■ Foreign passport(s) or evidence of foreign nationality ■ Proof of foreign government service (if applicable) ■ Documentation supporting a name change

Step 3: Schedule an Appointment

Contact your local U.S. Embassy or Consulate to schedule an appointment with a consular officer. You will be required to:

■ Present your completed DS-4079 and supporting documents ■ Possibly sign DS-4080 and DS-4081 ■ Submit a sworn Statement of Voluntary Relinquishment of U.S. Citizenship

Step 4: Interview with Consular Officer

The consular officer will:

■ Evaluate your documents ■ Ask questions about your intent ■ Possibly request additional information or clarification

The officer will then forward your case to the Department of State in Washington, D.C., for a final determination.

■ What Happens After Filing?

Once the Department of State receives your case:

■ It will conduct a legal review to assess whether your actions, combined with your intent, meet the threshold for loss of citizenship.

■ If approved, you will receive a Certificate of Loss of Nationality (CLN).

■ Your name will be published in the Federal Register, as required by law.

This process can take several months to over a year, depending on case complexity and consular backlog.

■ Fees and Processing Time

■ The U.S. government currently charges $2,350 USD for processing renunciation cases. ■ Timeframe: Typically 6 to 12 months, though timelines vary by post.

■ Dual Nationality and Renunciation

The U.S. allows dual nationality, but it does not encourage it. Some individuals seek to renounce U.S. citizenship to avoid dual obligations (e.g., taxation or military service in another country). Filing the DS-4079 is often the first step in such cases.

However, remember:

■ Renouncing U.S. citizenship does not automatically grant foreign nationality—you must already possess or have arranged foreign citizenship to avoid statelessness.

■ Special Considerations

Children and Minors

A child under 18 generally cannot renounce citizenship unless:

■ They are at least 16 ■ They demonstrate full comprehension ■ The consular officer is satisfied that the minor’s decision is voluntary and informed

Mental Capacity

Renunciation is only accepted if made voluntarily, without coercion, and with full understanding. Individuals with diminished capacity may not be permitted to renounce citizenship.

Renunciation for Tax Purposes

Attempting to renounce solely to avoid U.S. tax may result in complications. The IRS continues to have reporting and enforcement powers related to assets or income accrued prior to expatriation.

■ Alternatives to Renunciation

For those concerned about dual obligations or tax reporting, renunciation is not the only option:

■ Streamlined Tax Compliance: This IRS program helps resolve non-compliance without penalties. ■ Foreign Earned Income Exclusion (FEIE): Avoid double taxation through tax credits. ■ Citizenship Retention: Some opt to retain U.S. citizenship for family, business, or travel convenience, while limiting their presence in the U.S.

■ Legal Assistance from TRW Law Firm

TRW Law Firm regularly advises clients from around the world on matters of dual citizenship, tax compliance, renunciation, and expatriation. We help:

■ Review the implications of expatriating acts ■ Prepare and file Form DS-4079 ■ Schedule and prepare for embassy interviews ■ Respond to follow-up requests from consular officers ■ Mitigate risks related to exit tax, Social Security, and IRS obligations

We ensure your rights are protected throughout the process and help you complete expatriation with legal clarity and peace of mind.

■ Conclusion

Filing the DS-4079 is a serious legal step with lifelong consequences. Whether you are unsure of your nationality status due to past actions, or you are voluntarily renouncing U.S. citizenship, this form is central to the process. With proper guidance, particularly from experienced attorneys at TRW Law Firm, you can make informed decisions and take the appropriate actions based on your individual circumstances.

■ Summary Table: DS-4079 at a Glance

Contact TRW Law Firm

For personalized legal assistance with Form DS-4079 and expatriation matters:

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