Tag Archives: Restore U.S. citizenship

A History Of The Board Of Appellate Review And A Tribute To Chairman Alan James

By: John Richardson – June 15, 2026

Prologue

On July 18, 2017 the Washington Post included a section describing:

“Notable Deaths in the Washington, area”

“Alan James, lawyer, State Dept. officer

Alan James, 96, a lawyer who specialized in admiralty law and a State Department officer who served as a delegate to international panels on laws of the sea, died June 13 at a hospital in Bethesda, Md. The cause was heart ailments, said a daughter, Anne James.

Mr. James, a Bethesda resident, was born in Brooklyn. In the 1950s, he began his State Department career as an administrative and political counselor specializing in maritime matters. He was a political counselor at U.S. embassies in London and Paris as well as a delegate to laws of the seas treaty conferences. From 1982 to 1995, he chaired the State Department Board of Appellate Review, which reviews individual nationality cases. He was an avocational scholar who specialized in the works of Henry James (no relation).”

https://wapo.st/4eKK4hG

https://www.washingtonpost.com/local/obituaries/notable-deaths-in-the-washington-area/2017/07/18/ecb73298-6bd2-11e7-96ab-5f38140b38cc_story.html

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Becoming A Citizen: For Some It’s Letting Go, But For All It’s Moving On

February 24, 2026

Today was a special day.

For me it was special because I was invited to be a guest at the official ceremony of a person taking the oath of citizenship and becoming a new Canadian citizen. It was humbling to be invited to share such a special day.

For the newly minted Canadian, it was a special day for two reasons.

First – what he had gained: He had achieved his goal of naturalizing as a Canadian citizen. He had come to Canada as a visitor, received a work permit, become a permanent resident of Canada and then naturalized as a Canadian citizen. He had gained the security of becoming a citizen in the country where he lives and works.

Second – what he had lost:, He lost his citizenship in India. This is because as a citizen of India, becoming a citizen of Canada meant that he would no longer be a citizen of India. India does NOT allow dual citizenship. India does allow citizens who naturalize as a citizen of another country to officially become an “OCI” (“Overseas Citizen Of India“). “OCI” status does not give one the full status of a citizen of India. Those with “OCI” may not vote, hold public office or purchase agricultural land. They (humanely) are permitted to return to India to visit and or live.

He could have lived in Canada indefinitely as a permanent resident and remained a citizen of India. But, significantly he made the choice to lose his citizenship of India and become a citizen of Canada. Citizenship is important to one’s identity and often the key to opportunities.

Citizenship is part of where we have been, who we are, how we define ourselves in the present and what we aspire to in the future.

The importance of and the “Human Rights” implications of citizenship

Why citizenship isimportant and what does citizenship mean?

The meaning, importance and value of citizenship is expressed by the former United States Chief Justice Warren in the 1958 case of Perez v. Brownell. Writing in dissent (starting on page 21), Justice Warren writes that:

Citizenship is man’s basic right for it is nothing less than the right to have rights. Remove this priceless possession and there remains a stateless person, disgraced and degraded in the eyes of his countrymen. He has no lawful claim to protection from any nation, and no nation may assert rights on his behalf.’ His very existence is at the sufferance of the state within whose borders lie happens -to be. In this country the expatriate would presumably enjoy, at most, only the limited rights and privileges of aliens, ‘ and like the alien he might even be subject to deportation and thereby deprived of the right to assert any rights This government was not established with power to decree this fate.

https://citizenshipsolutions.ca/wp-content/uploads/2026/02/service-ll-usrep-usrep356-usrep356044-usrep356044.pdf

Human rights implications of citizenship

Citizenship is a big deal! It provides membership in a community. It gives one the “right to have rights”. Significantly, it’s importance in recognized in Article 15 of the International Declaration Of Human Rights which says:

Article 15

1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Germany has program to restore the citizenship of those who were stripped of their citizenship during the Nazi era. The existence of the program is an expression of the importance of citizenship in the world of human rights. See the following:

Put more simply: Citizenship is your past, present and future!

One hundred twenty-one people took the oath of Canadian citizenship on this particular day, in this particular ceremony, at this particular location. Some changed their nationality. Some were deprived of another nationality. It was a remarkable “cross section” of humanity. It included people of all ages and (so we were told) citizens of 32 other countries. All 121 people took the oath of citizenship at the same time. Interestingly and significantly it was a “non-renunciatory oath”. In other words, people were NOT required to (ceremonially) renounce whatever other citizenship(s) they had. Canada did not require its new citizens to give up anything to become a Canadian citizen. Yet Canada gave them everything in becoming Canadian citizens. The Canadian citizenship ceremony respected diversity in many respects – including multiple citizenships.

The Canadian citizenship ceremony was an extraordinary moment of patriotism, community and bonding. It was a recognition that:

What unites us as Canadians is far greater than what divides us.

Many of the invited guests joined in and reconfirmed their commitment to Canada by retaking the Canadian oath of citizenship.

I swear (or affirm)
That I will be faithful
And bear true allegiance
To His Majesty
King Charles the Third
King of Canada
His Heirs and Successors
And that I will faithfully observe
The laws of Canada
Including the Constitution
Which recognizes and affirms
The Aboriginal and treaty rights of
First Nations, Inuit and Métis peoples
And fulfil my duties as a Canadian citizen.

The ceremony and procedure consumed most of the day. This included the time to travel to the ceremony, waiting for the ceremony to begin, watching the ceremony and a late congratulatory lunch. It gave me the opportunity to think about citizenship all day.

Some thoughts on citizenship

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Restore U.S. Citizenship

Part 1 – Why have many U.S. citizens abroad relinquished their U.S. citizenship?

FATCA was passed into law as part of the HIRE Act on March 18, 2010. The implementation began in 2014 in the form of FATCA IGAs (“Inter-Governmental Agreements”). The implementation of FATCA and the IGAs was NOT free from controversy. I – John Richardson – was a witness at a Canadian House of Commons Hearing about FATCA in 2014. The complete text of my 2014 statement is here.

FATCA has caused enormous problems for U.S. citizens living outside the United States. These problems have led to an increasing number of U.S. citizens renouncing U.S. citizenship.

The problems caused by FATCA. leading to citizenship renunciation, fall into at least three distinct categories.

First, many U.S. citizens living outside the United States have difficulty maintaining access to regular bank and financial accounts. This has caused great disruption and inconvenience in their lives. Many people have renounced their U.S. citizenship in order to have the access to the bank and financial accounts needed to live their daily lives.

Second, along with FATCA came an awareness of U.S. citizenship taxation. Prior to FATCA citizenship taxation was neither well known nor enforced. By causing an awareness of citizenship taxation, more U.S. citizens abroad have entered the U.S. tax system. The consequence of entering the U.S. tax system has caused difficulties for many Americans abroad. These difficulties include double taxation, U.S. taxation of retirement planning accounts (example TFSA in Canada). Generally, this has disadvantaged U.S. citizens abroad in their country of residence. It caused many U.S. citizens abroad to relinquish/renounce their U.S. citizenship.

Third, as discussed in Helen Burggraf’s American Expat Finance News Journal, FATCA facilitated the expansion of the U.S. tax base into other countries.

The combination of these circumstances has incentivized (and in some cased forced) many U.S. citizens abroad to relinquish/renounce their U.S. citizenship.

Part 2 – The legal test for relinquishment/renunciation

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