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Say Bob is married to Amy. They are both US citizens. One day, Bob decides to renounce his US citizenship (not for the purpose of avoiding taxes), but his wife remains a US citizen.

In this scenario, is it possible for Bob to get a green card first (by being the spouse of a US citizen) and, eventually, become a US citizen, again?

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  • We also assume that Bob, in or after renouncing his citizenship, did not commit treason or another act that would make him ineligible, right?
    – Trish
    Sep 11, 2022 at 21:24
  • @Trish: I don't think it's possible to commit treason, by definition, if you are not a national of the country.
    – user102008
    Sep 13, 2022 at 17:30
  • @user102008 but you can do the moment before renouncing your citizenship.
    – Trish
    Sep 13, 2022 at 18:06

2 Answers 2

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Yes. There is no legal bar for a previous U.S. citizen from naturalization, assuming all normal conditions for naturalization are followed. There is no specific process for resuming citizenship, unlike in certain other countries (e.g. Canada, Australia and Switzerland).

The Immigration and Nationality Act is comprehensive on naturalization eligibility and former citizenship is not disqualifying.

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Actual renunciation is irrevocable, which means that you can't un-renounce, though an act described in 8 USC 1481 can be challenged administratively challenged with State through a lawsuit: here is the manual on the former option. Taking citizenship in Canada for employment reasons (in the era when certain jobs had citizenship requirements) is not voluntary renunciation, and can be administratively undone. See Vance v. Terrazas for the controlling case law on this: what the government has to prove is that the person intended to relinquish the rights and privileges of U.S. citizenship (typically not the case with employment-related other-citizenships).

Assume that he actually renounced citizenship, for a non-tax reason, appearing and signing the correct oath of renunciation before a competent official abroad at a US embassy or consulate. He is now not a citizen: but there is no attainder on his soul, he can apply for admission to the US just like any other non-citizen can. Gaining citizenship by ordinary means is not the same as reversing a renunciation of citizenship.

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  • "Taking citizenship in Canada for employment reasons (in the era when certain jobs had citizenship requirements) is not voluntary renunciation, and can be administratively undone": taking citizenship in Canada doesn't normally lead to loss of US citizenship. There's nothing to undo.
    – phoog
    Sep 12, 2022 at 6:27
  • "Actual renunciation is irrevocable, which means that you can't un-renounce" With the minor exception that someone who renounced while under 18 can un-renounce within 6 months of turning 18, as provided by 8 USC 1483(b).
    – user102008
    Sep 12, 2022 at 17:39

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