Citizenship

News & Analysis as of

The Case for a Unified Approach to Corporate and LLC Citizenship

Imagine opening your email one morning to find a copy of a complaint and summons just received by your out-of-state corporate client. The caption shows a familiar North Carolina company as the lone plaintiff, and a cursory...more

Americold Realty Tr. v. ConAgra Foods, Inc.: Citizenship of Maryland REITs

In Americold Realty Tr. v. ConAgra Foods, Inc., 136 S. Ct. 1012 (2016), the Supreme Court held that, for purposes of federal diversity jurisdiction, the citizenship of a Maryland real estate investment trust (formed pursuant...more

Leaving Real Estate Investment Trusts in the Cold: How the Americold Case Could Preclude Establishing Diversity Jurisdiction in...

The Supreme Court’s most recent citizenship opinion, Americold Realty Trust v. Conagra Foods, Inc., could make removing or keeping a case in federal court based on diversity more difficult for a statutory trust with a...more

What’s to Come….

There has been a lot of excitement lately, as the new Liberal Government has begun to address the promises made during their campaign last year. Proposed amendments to immigration legislation and policy are currently focused...more

U.S. Supreme Court Reaffirms that Only “Humans and Corporations,” Not Unincorporated Entities Like a Trust, May Assert Their Own...

In a unanimous March 7, 2016 opinion authored by Justice Sotomayor, Americold Realty Trust v. Conagra Foods, Inc., et al., , the U.S. Supreme Court affirmed an oft-confused holding relating to diversity jurisdiction: the...more

Expatriation Case

Cases on the new expatriation regime under Code Section 877A are few and far between. The Tax Court has now issued an opinion involving a U.S. resident who gave up his green card and the resulting consequences under Code...more

Doctrinal Wall Blocks Unincorporated Entity from Diversity Jurisdiction

In Americold Realty Trust v. ConAgra Foods, Inc., et al. (No. 14-1382, decided 3/7/16), the Supreme Court of the United States applied its “oft-repeated rule” regarding the citizenship of unincorporated entities to a Maryland...more

Supreme Court Severely Restricts Federal-Court Access for Non-Corporate Entities, Including Certain REITs and RICs

Business trusts, statutory trusts and non-corporate real-estate investment trusts now face a significant jurisdictional barrier that will reduce their access to the federal courts, following a March 7 ruling by the U.S....more

Supreme Court Decides Americold Realty Trust v. Conagra Foods, Inc.

On March 7, 2016, the Supreme Court of the United States decided Americold Realty Trust v. Conagra Foods, Inc., No. 14-1382, holding that, for purposes of diversity jurisdiction, a “real estate investment trust” established...more

Supreme Court Update: Lockhart V. United States (14-8358), Gobeille V. Liberty Mutual Insurance Co. (14-181)

Who could have imagined a month ago that our summary of Justice Scalia's dissent in Montgomery v. Alabama (14-280) would be our last opportunity to analyze an opinion from the Justice who, alongside Jackson and Holmes, will...more

Ending Sex Discrimination Around the World

Despite significant strides, sex discrimination persists. Indeed, more than 50 countries around the world have laws and policies that discriminate against women and girls, particularly in the areas of nationality and...more

Caution: Not All Iran Sanctions Were Terminated

U.S. persons, including permanent resident aliens and dual nationals should note that the Lifting of U.S. Sanctions on Iran under the Joint Comprehensive Plan of Action does not lift all sanctions....more

What to Expect During Your Citizenship Exam

As part of the requirements for becoming a naturalized U.S. citizen, applicants must take several tests, collectively known as the citizenship exam, administered by the U.S. Citizenship and Immigration Service (USCIS). These...more

Immigration and Nationality Act 50th Anniversary Series: Birthright Citizenship?

In the first of a series celebrating the 50th anniversary of the Immigration and Nationality Act of 1965, this post explores the concept of birthright citizenship. Election years often revive old bones of contention,...more

New IRS Regs Escalate Tax Consequences of Renouncing Citizenship or Surrendering Green Card

On September 9, 2015, the IRS released long-awaited proposed regulations under Internal Revenue Code (Code) section 2801, which imposes a tax on the recipient of a gift or bequest from certain individuals who relinquished...more

New Citizen No Longer Have to Pledge to Bear Arms on Behalf of USA

The U.S. Customs and Immigration Service (USCIS) recently announced that candidates for citizenship may omit the pledge to bear arms for the United States or perform non-combat duties for the U.S. military when taking the...more

The Other EB Visa for Foreign Investors? EB-1(c) Visas as an Alternative to the EB-5 Visa

Overview - I have written a few articles regarding the over-promotion of the EB-5 visa program from the standpoint that frequently the foreign investor’s desire for a Green Card is over-zealous before considering all of...more

Texas Federal Court Addresses Viability Of Extra-Contractual Claims Against Field Adjuster In Removal Dispute

A Texas federal court recently addressed the viability of extra-contractual claims against an individual field adjuster who had investigated a loss on behalf of an insurance company. In Mainali Corp. v. Covington Specialty...more

The “Reed Amendment” and Admissibility to the United States: Will I Be Barred From Reentry After Renunciation?

A common concern about renunciation of U.S. citizenship is that of admissibility to the United States thereafter. Many people tell me that they have read about a permanent ban on reentry to the United States following...more

Guide To Doing Business In New Zealand: Entry to New Zealand (Updated)

ENTRY TO NEW ZEALAND - A visa or permit is not required to visit New Zealand if the visitor is an Australian citizen, British citizen, or a citizen of a country which has a visa waiver agreement with New Zealand...more

Texas Denies Immigrant Children Their U.S. Citizenship

Birthright citizenship is a hotly debated topic. The United States and Canada are one of the few nations that automatically grant citizenship so expansively to children born within their borders. Anyone born in the U.S. is...more

New Spanish law to grant citizenship to those with Sephardic origin

Spain’s Congress has approved a law granting Spanish nationality to people with a Spanish-Sephardic origin who have a particular connection to Spain ("the Nationality Law"). The new law is intended to confer citizenship on...more

As Expatriations Increase, Potential Relief for “Accidental” U.S. Citizens

According to Treasury reports, 3,417 U.S. citizens relinquished their U.S. citizenship in 2014, which is more than the number of expatriations reported in prior years. As required by law, the Treasury publishes a quarterly...more

Obama Budget Proposal Would Provide Relief for Certain Accidental Dual Citizens

A provision contained in the Treasury’s green book explaining President Obama’s 2016 budget proposals may provide U.S. tax and reporting relief for certain dual citizens. An individual can become a U.S. citizen at birth...more

Tax Policy Update

NUMBER OF THE WEEK: 3,415. The number of people who renounced their citizenship in 2014 according to IRS data. This is one of the five highest totals on record since the U.S. Congress passed the Foreign Account Tax Compliance...more

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