DS-4079?
Published on January 21, 2025
by Clark Stott
Reviewed by: Aya Takriti
Clark Stott has been with Expat Tax Online since 2015. Being a dual national based in the UK, Clark has unique experience helping US citizens (and Accidental Americans) become tax compliant via the Streamlined Tax Amnesty program. Clark likes to help Americans in the UK keep their tax situations as simple as possible to avoid harsh IRS treatment.
Table of Contents
Donโt sign Form DS-4079 before you get to the embassy.
Form DS-4079 must be signed in the presence of an official US person at the US embassy or consulate. You can complete the form in advance, but remember not to sign it. The officer at the US embassy will tell you when to sign it.
The DS-4079 form, called the “Request for Determination of Possible Loss of United States Citizenship,” is used to figure out your current citizenship status.
When should I fill out the DS-4079 form?
Complete it during your citizenship renunciation appointment at a US embassy or consulate.
To file the DS-4079 form, you must meet specific eligibility criteria that suggest a possible loss of US citizenship.ย
Actions that may trigger this requirement include:
- Renouncing US citizenship at a US embassy or consulate
- Accepting foreign citizenship depending on the country
- Swearing an oath of allegiance to another country in some circumstances,
- or working for a foreign government in a role requiring certain loyalties.
For example, serving in a foreign military engaged in conflict with the US or making a formal renunciation of US citizenship can indicate an intent to relinquish your nationality.
During this process, you may need to complete related forms like the DS-4080, which administers the Oath of Renunciation, or provide documents that reflect your intent to expatriate.ย
The US government uses these forms to determine whether your actions align with the legal definition of expatriation and whether you intended to give up your citizenship.
Keep in mind that carrying out one of these acts wonโt automatically remove your US citizenship.ย
Until you receive your Certificate of Loss of Nationality, youโre still a US citizen and youโre still obliged to file US tax returns and pay any tax due.
What are the steps for completing the DS-4079 form?
- Get the form: Download it from the US Department of State website or get a copy from a US embassy or consulate.
- Provide your personal details: Fill in your name, date of birth, and Social Security number.
- Answer all questions carefully: The form asks about your citizenship history and actions. Be as accurate and detailed as possible.
- Gather supporting documents: Include items like:
- Your US passport
- Naturalization certificates
- Foreign government job contracts
- Records of military service in another country
- Submit the form: Sign the form in front of an official US officer when requested to do so.
What happens after I submit the DS-4079 form?
After you submit the form, the Department of State will:
- Review your information.
- Ask for additional documents if needed.
- Possibly schedule an interview to better understand your actions and intentions.
- Make a decision about your US citizenship status.
If your renunciation is accepted, youโll receive a Certificate of Loss of Nationality.
Can I lose my US citizenship involuntarily?
Losing your US citizenship without meaning to is very rare, but possible. The US government assumes you want to keep your citizenship unless you clearly show otherwise.ย
However, certain actions might lead to losing citizenship if they show a clear intent to give it up, such as:
- Swearing allegiance to another country in a formal ceremony.
- Serving in a foreign military that is fighting against the United States.
- Taking a government job in another country that requires you to swear loyalty to that country.
Even in these situations, the government must prove that your actions were intentional, voluntary, and that you fully understood they might result in losing your US citizenship. For example, simply becoming a citizen of another country or working abroad doesnโt automatically mean youโll lose your citizenship unless there are additional factors.
In very rare cases, the government may decide you gave up your citizenship if you explicitly renounced it in front of a US consular officer or signed a formal renunciation statement. Without these kinds of clear actions, you are unlikely to lose your citizenship against your will.
If youโre concerned about your situation, filing the DS-4079 form is a way to make sure your case is reviewed carefully. Itโs also a good idea to talk to an immigration expert who can help explain your rights and options.
Why use the IRS Streamlined Tax Amnesty Program?
Itโs for American citizens that didnโt know they had to file US tax returns each year, and have therefore fallen behind. Some more than 30 years! With the IRS Streamlined Procedure, say goodbye to overdue tax returns, late fees, and penalties.
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Does filling out DS-4079 mean I am giving up my US citizenship?
No. Completing the DS-4079 form does not mean you are automatically giving up your US citizenship, it is simply one part of the process.
The form is only used to determine if your actions show an intent to relinquish your citizenship. Filing it allows the government to review your situation.
How long does it take to receive a decision on my DS-4079?
The time it takes to get a decision can vary.ย
On average, it might take a few weeks to several months, depending on how complicated your case is and how busy the embassy or consulate is. If you need to provide more documents or attend an interview, this can add to the wait time. You can check with the embassy or consulate for updates.
What if I disagree with the determination?
If you donโt agree with the decision about your citizenship, you can appeal. Contact the Department of State and provide additional documents or explanations to support your case. A legal or immigration expert can also help make your appeal stronger and guide you through the process.
Can I regain US citizenship after losing it?
Itโs not impossible, but expect it to be very difficult. You can regain US citizenship through a process called naturalization. This means youโll need to meet certain legal requirements, like living in the United States for a specific amount of time and showing your commitment to the country.ย
Youโll also need to fill out applications and go through interviews. An immigration lawyer can help make sure you meet all the requirements.
How does DS-4079 affect my travel and legal status?
Filing the DS-4079 form doesnโt immediately change your travel or legal status. However, if the decision finds you have lost your US citizenship, you wonโt be able to use a US passport or access benefits tied to citizenship.ย
You might need a visa to visit the US or rely on your other citizenship for international travel.
What happens if Iโm serving in the military in another country?
If you have served in the military of another country, this can affect your US citizenship status. The DS-4079 form takes military service into account to determine if your actions suggest an intent to give up your citizenship.ย
Specifically, the government will look at whether your service was voluntary and if you swore allegiance to a foreign government or military force.
For instance, serving in a foreign military that is actively engaged in conflict with the United States can be seen as a strong indication of intent to relinquish citizenship. Additionally, if your position required an oath, affirmation, or declaration of allegiance to a foreign government or military, it could further support this conclusion. However, situations like mandatory conscription or non-combat roles might not automatically show an intent to expatriate.
As part of the determination process, you will need to provide detailed information about your military service. This includes:
- Official documents that confirm your service history.
- Descriptions of your role and responsibilities in the foreign military.
- Any contracts or agreements signed with the foreign government.
What should I know about the privacy and paperwork reduction when Filing the DS-4079?
When you fill out the DS-4079 form, there are notices about the Privacy Act and the Paperwork Reduction Act. These explain how your information is collected, used, and kept safe, as well as how the form is designed to reduce unnecessary paperwork.
- Privacy Act Notice: The Department of State collects your personal information, such as your contact details and citizenship history, to process your form and determine your status. This information is protected under the Privacy Act and will only be shared with people or agencies involved in your case, such as consular officers or tax authorities for international compliance.
- Paperwork Reduction Act Notice: This act ensures that the DS-4079 form is straightforward and avoids unnecessary questions. The form comes with clear instructions about what to include, like proof of foreign citizenship or documents showing your renunciation of US citizenship.
If you have questions or feel unsure, you can always contact your local US embassy or consulate for help. If needed, you can also talk to a legal or tax expert for advice.
Should I consult a legal or immigration expert before completing the DS-4079?
Yes, itโs a good idea to talk to an expert before completing the DS-4079 form. They can explain the process, review your actions, and help make sure your answers and documents are correct. This can reduce delays and help you make informed decisions about your citizenship.
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