The Process of Renouncing U.S. Nationality and the Name-Publication Mechanism: The Case of Chen Feiyu
Using Chen Feiyu's acquisition of Chinese nationality as an example, this article outlines China's non-recognition of dual nationality and the procedures for naturalization, noting that renouncing a foreign nationality is not a prerequisite. It explains that renouncing U.S. nationality abroad requires meeting a consular officer in person, taking an oath, and paying a $2,350 fee, and describes the 1996 law requiring quarterly publication in the Federal Register of the names of individuals who renounce U.S. citizenship, along with differing interpretations of the relevant provision.
Today, readers in our Telegram mutual aid group discussed Chen Kaige's son, Chen Feiyu, joining Chinese citizenship.
Does joining Chinese citizenship require renouncing U.S. citizenship first?
China does not recognize dual nationality, so if Chen Feiyu joins Chinese citizenship, under Chinese law he cannot retain U.S. citizenship. I am not clear on the specific procedures, but the National Immigration Administration of China provides the following explanation:
III. Application Procedures (1) Fill out the "Application Form for Joining the Nationality of the People's Republic of China"; (2) Submit a written application requesting to join Chinese nationality; (3) Submit corresponding supporting documents: (1) A copy of the foreign passport; (2) A copy of the foreigner permanent residence permit; (3) If the applicant is a child born to parents both or one of whom is a Chinese citizen, relevant proof that the applicant had foreign nationality at the time of birth must be provided. (4) Other materials deemed relevant to the nationality application by the accepting authority. IV. Other Matters After being approved to join Chinese nationality, foreign nationality must no longer be retained. Exit-entry procedures shall be handled in accordance with relevant regulations for Chinese citizens.
The Overseas Chinese Affairs Office of the State Council explains as follows:
(2) Application procedures: (a) Fill out the application form: those applying to join Chinese nationality shall complete the "Application Form for Joining the Nationality of the People's Republic of China"; those applying to restore Chinese nationality shall complete the "Application Form for Restoring the Nationality of the People's Republic of China". (b) A written application by the applicant requesting to join (or restore, or renounce) Chinese nationality. (3) Corresponding supporting documents: (a) For those applying to join or restore Chinese nationality: a copy of the foreign passport; a copy of the foreigner permanent residence permit; for restoration of Chinese nationality, relevant proof of previously having held Chinese nationality; for joining Chinese nationality, for children born to parents, one or both of whom are Chinese citizens, relevant proof that the person held foreign nationality at birth; other materials deemed relevant to the nationality application by the accepting authority. (b) For those applying to renounce Chinese nationality: a copy of the Resident Identity Card of the People's Republic of China; a copy of the household register; a copy of supporting documents corresponding to the reason for renouncing Chinese nationality. (4) Other matters: After being approved to join or restore Chinese nationality, the person must not retain foreign nationality. Exit and entry procedures shall be handled in accordance with the relevant regulations for Chinese citizens. After being approved to renounce Chinese nationality, the person immediately loses Chinese nationality. Exit and entry procedures shall be handled in accordance with the relevant regulations for foreigners.
From the two sets of instructions above, the supporting documents required for joining Chinese nationality do not include materials for "renouncing foreign nationality"; moreover, if one renounces foreign nationality before applying to join Chinese nationality, the applicant would become stateless during that period, without any legal status; finally, the "Other Matters" section in both sets of instructions states that after being approved for Chinese nationality, one must not retain foreign nationality.
Therefore, joining Chinese nationality does not mean that foreign nationality has already been (or simultaneously) renounced; it appears to rely on the applicant's own initiative to renounce the other nationality at a later time after obtaining Chinese nationality. As for when he will find time to renounce U.S. citizenship, I do not know.
Process for Renouncing U.S. Citizenship
Those who renounce U.S. citizenship usually reside in other countries; it is said that since World War II, no one has successfully renounced U.S. citizenship within the United States itself. Regarding how to renounce U.S. nationality abroad, the U.S. Department of State's explanation is here: Renunciation of U.S. Nationality Abroad. Broadly speaking, it requires: (1) meeting a U.S. consular officer in person, (2) at a U.S. embassy or consulate, (3) signing an oath to renounce U.S. citizenship; if these three conditions are not met, there is no legal effect, and it cannot be done by mail, email, or through another person.
That is to say, publicly announcing on social media that you renounce U.S. citizenship is ineffective.
The application fee for renouncing U.S. citizenship is $2,350. Some people who accidentally were born in the United States and do not want U.S. citizenship have even sued the U.S. government over this: Wasn't it just that my mom (or parents) came to the U.S. for a visit decades ago and accidentally gave birth to me here? I've lived comfortably in the French countryside all my life and never planned to live in the U.S. Why should I have to pay taxes to the U.S. government or else end up on an international financial institution blacklist? You automatically gave me this U.S. citizenship; I didn't ask for it. Why do I have to pay over $2,000 to return it?
Is there a public record of people who renounce U.S. citizenship?
In the 1990s, media reports that super-wealthy individuals were renouncing U.S. citizenship to evade taxes caused public dissatisfaction in the United States. In 1996, Congress amended the legislation, adding a provision to the Internal Revenue Code to "publish the names of those who renounce citizenship." According to U.S. Code § 6039G, federal agencies, courts, the Secretary of State, and the department responsible for immigration affairs (the Immigration Service) must provide information on individuals who renounce U.S. citizenship or permanent resident status to the Treasury Department; the Secretary of the Treasury must publish the names of these individuals in the Federal Register within 30 days after the end of each quarter.
Notwithstanding any other provision of law— (1) any Federal agency or court which collects (or is required to collect) the statement under subsection (a) shall provide to the Secretary— (A) a copy of any such statement, and (B) the name (and any other identifying information) of any individual refusing to comply with the provisions of subsection (a), (2) the Secretary of State shall provide to the Secretary a copy of each certificate as to the loss of American nationality under section 358 of the Immigration and Nationality Act which is approved by the Secretary of State, and (3) the Federal agency primarily responsible for administering the immigration laws shall provide to the Secretary the name of each lawful permanent resident of the United States (within the meaning of section 7701(b)(6)) whose status as such has been revoked or has been administratively or judicially determined to have been abandoned. Notwithstanding any other provision of law, not later than 30 days after the close of each calendar quarter, the Secretary shall publish in the Federal Register the name of each individual losing United States citizenship (within the meaning of section 877(a) or 877A) with respect to whom the Secretary receives information under the preceding sentence during such quarter.
Regarding the phrase "the Secretary shall publish in the Federal Register the name of each individual losing United States citizenship (within the meaning of section 877(a) or 877A)," one view holds that it refers only to those "who are subject to the expatriation tax under section 877(a) or 877A," i.e., those meeting one of the following three criteria: (1) net worth of $2 million or more, or (2) average income tax liability for the 5 years prior to expatriation exceeding a certain threshold (adjusted for inflation, $171,000 in 2020), or (3) failure to file Form 8854 certifying that they have satisfied their tax obligations for the past 5 years.
However, I lean toward another view: "within the meaning of section 877(a) or 877A" refers to "the act of 'losing United States citizenship' as defined in sections 877(a) and 877A," and the names of all individuals who engage in such act must be published (including renunciation of U.S. citizenship or permanent resident status); it does not refer to "those who are subject to the expatriation tax under these two provisions."
Quarterly Publication of Individuals Who Have Chosen to Expatriate in the Federal Register
The link on the Federal Register is here: Quarterly Publication of Individuals, Who Have Chosen to Expatriate, published quarterly by the Treasury Department and the IRS.
If Chen Feiyu has already joined Chinese nationality and, in accordance with Chinese regulations, voluntarily renounces U.S. citizenship, then as early as August, the name Arthur Chen (or Feiyu Chen) could appear in the Federal Register. Of course, as I said earlier, "As for when he will find time to renounce U.S. citizenship, I do not know."
