Legal Question in Constitutional Law in Florida

US vs State Residency

Is there a requirement to have a permanent residency in the US? Can a person just be a US resident? Or, to be a US resident, do I have to choose a state.

I am a US citizen, retired, with US income with no home address. I live on a sailboat travelling around the world. When I come to the US, I have to lie on the imm. form regarding residence (as I did on your info request). I don't want to pay state taxes in a state I don't live in. I would like a US driver's license if I am allowed to not be a particular state resident.

This question about US vs State opens too big a box when I look at US vs World citizenship. Many cruisers haven't been to their homelands in years but we are required to carry passports of our former lives.

I have searched the net and see no requirement to ''pick a state'', so I wander as a stateless US citizen.

Any help??

Thank you for your consideration in this matter.

--name removed--


Asked on 8/12/04, 10:45 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: US vs State Residency

U S citizens living outside the country are referred to as ex-patriots or x-pats. They retain U S citizenship so long as they don't renounce it, and so long as they abide by immigration rules concerning returns to home soil. Driving licenses are purely a state matter, and one must comply with state laws in order to have one. A stateside license remains valid for its period of issue whether the holder is in the U S or not. Holding a drivers license does not obligate one to income taxes to the state in which the license is held.

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Answered on 8/13/04, 9:17 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: US vs State Residency

Mr. Aspinwall's answer is quite correct, though I am not sure how you would get a state to give you a diver's license unless you could provide an in-state address where you live.

I also want to note a typo in Mr. Aspinwall's response. He says that Americans living overseas are called "ex-patriots" but the correct term is "expatriates"; it is a single, un-hyphenated word. Calling someone an ex-patriot would mean either that he used to love his country but no longer does, or that he formerly played football for an NFL franchise near Boston.

I should also note that only those who do not intend to return to their home countries are called expatriates. Many, if not most, Americans living abroad are on business assignments, in school or on military duty (or are in the immediate family of such a person) and do plan to come back.

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Answered on 8/17/04, 11:22 pm


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