Tips for Americans Residing Abroad
FOREWORD
The Department of State's Bureau of Consular Affairs has prepared this
publication for Americans considering residence abroad as well as for
the more than three million U.S. citizens who are currently residing in
a foreign country. Our primary goal is to provide assistance to and protect
the welfare of American citizens who live abroad.
Before taking up a foreign residence, there are many details that you
will need to consider. This brochure will acquaint you with the wide range
of services provided to American citizens by U.S. embassies and consulates
worldwide. We are committed to providing prompt, courteous, and effective
assistance.
Any additional guidance not specifically addressed in this publication
may be obtained from the Bureau of Consular Affairs in the Department
of State or from the nearest U.S. embassy or consulate if you are living
overseas.
Department of State Publication 10391
Bureau of Consular Affairs
Revised September 1996
For sale by the U.S. Government Printing Office, Superintendent of Documents,
Mailstop: SSOP, Washington, DC 20402-9328
BEFORE YOU GO
LEARN ABOUT THE HOST COUNTRY
Read as much as possible about the country where you plan to reside.
Learning about a nation's culture, customs, people, and history will make
your stay more meaningful. Libraries, bookstores and tourist bureaus are
good resources for this information. Keep abreast as well of the international
news for the latest political developments in the country where you will
live. Although English is spoken in many countries, learning the language
of the nation in which you plan to reside will make the transition to
your new environment easier.
One of the best ways to learn about living in a foreign country is to
get advice from U.S. citizens already residing there. Countries with large
numbers of U.S. expatriates often have a U.S. Chamber of Commerce, a bicultural
organization, or clubs for Americans that could give you information on
living in that country. In countries with fewer U.S. residents, you may
be able to meet fellow expatriates through a local international club.
The Consular Section of the U.S. embassy or consulate may be able to assist
you in finding these organizations.
Background Notes
The Department of State publishes Background Notes on countries
around the world. These are brief, factual pamphlets with information
on each country's people, culture, geography, history, government, economy,
and political conditions. They are available for about 170 countries worldwide
and often include a reading list, travel notes, and maps. To purchase
copies, contact the Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C. 20402 or call (202) 512-1800. Select issues are
also available on the Department of States home page on the Internet at
http://www.state.gov.
Consular Information Program
The U.S. Department of State issues fact sheets on every country in the
world called Consular Information Sheets. The sheets contain information
on crime and security conditions, areas of instability and other details
relevant to travel in a particular country.
The Department of State also issues Travel Warnings and Public Announcements.
Travel Warnings are issued when the State Department recommends deferral
of travel by Americans to a country because of civil unrest, dangerous
conditions, terrorist activity and/or because the U.S. has no diplomatic
relations with the country and cannot assist an American in distress.
Public Announcements are issued as a means to disseminate information
quickly about terrorist threats and other relatively short-term and/or
transnational condition which would pose significant risks to American
travelers.
How to Access Consular Information Sheets, Travel Warnings and Public
Announcements
Consular Information Sheets, Travel Warnings and Public Announcements
may be heard any time by dialing the Office of Overseas Citizens Services
at (202) 647-5225 from a touchtone phone. The recording is updated as
new information becomes available. They are also available at any of the
13 regional passport agencies, and U.S. embassies and consulates abroad,
or, by sending a self-addressed, stamped envelope and indicating the desired
country to the Office of Overseas Citizens Services, Bureau of Consular
Affairs, Room 4811, U.S. Department of State, Washington, D.C. 20520-4818.
By Fax
From your fax machine, dial (202) 647-3000, using the handset as you
would a regular telephone. The system prompts you on how to proceed.
By Internet
Information about travel and consular services is now available on the
Internet's World Wide Web. The address is http://travel.state.gov. Visitors
to the web site will find Travel Warnings, Public Announcements and Consular
Information Sheets, passport and visa information, travel publications,
background on international adoption and international child abduction
services, international legal assistance, and the Consular Affairs mission
statement. There is also a link to the State Department's main site on
the Internet's World Wide Web that provides users with current foreign
affairs information. The address is http://www.state.gov.
REQUIRED DOCUMENTS
U.S. Passports
U.S. citizens should have a valid passport before taking up residence
abroad. Once living overseas, Americans should continue to maintain a
valid passport.
Applying in Person for a Passport
In the United States, application for a U.S. passport may be presented
in person at a passport agency or at one of the several thousand Federal
or state courts or post offices which accept passport applications. If
you are overseas, you may apply at the nearest U.S. embassy or consulate.
U.S. citizens who cannot apply by mail (see requirements below) must appear
in person and need to bring proof of U.S. citizenship such as a certified
copy of their birth certificate, a Consular Report of Birth Abroad of
a U.S. Citizen, a Certificate of Naturalization, or a previous U.S. passport.
This should be accompanied by a completed DS-11, Passport Application,
two recent 2x2 inch identical photographs, proof of identity (a valid
driver's license or other valid photo ID will suffice), and the appropriate
application fee. See a chart of passport fees.
For more information on obtaining a U.S. passport, obtain a copy of the
publication Passports: Applying for Them the Easy Way. This brochure provides
basic information on applying for a U.S. passport, and is available for
50 cents from the Consumer Information Center, Pueblo, CO 81009.
Passports-by-Mail
You can apply for a passport by mail (without a personal appearance)
if you meet the following requirements:
-- You have had a passport issued within 12 years prior to the date of
a new application;
-- You are able to submit your most recent U.S. passport with your new
application; and
-- Your previous passport was issued on or after your 16th birthday.
For further information and to obtain Form DS-82, Application for Passport
by Mail, contact the nearest U.S. passport agency or, if you are overseas,
consult the nearest U.S. embassy or consulate. Not all embassies and consulates
abroad are authorized to accept passport applications by mail or via a
third party courier. Contact the U.S. embassy or consulate in your consular
district to find out if it accepts passport applications by mail or via
a third party courier.
Your previous passport, two identical photographs (2"x2"), and the appropriate
passport fee must accompany your application. See a chart of passport
fees. Since it may take several weeks to prepare and mail your new
passport to you, do not wait until it expires to apply for a new one.
Visas
All governments require foreigners to have an appropriate visa to reside
in their country. This endorsement or stamp placed in your passport by
a foreign government permits you to enter that country for a specified
purpose. If you are planning to reside in a country for an indefinite
period of time, most countries will require you to seek residence status.
See the section on Citizenship to learn what effect this may have on your
U.S. citizenship.
Applying for a Visa
In most instances you must obtain the necessary visa before you leave
the United States. Apply for your visa directly from the embassy or nearest
consulate of the country in which you plan to reside. A listing of foreign
embassies and consulates in the U.S. should be available at your local
library or by ordering the publication Foreign Consular Offices in the
United States from the U.S. Government Printing Office. You can write
or call them at Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C. 20402; telephone (212) 512-1800 to check pricing
and stock information.
Work Permits
A work permit is usually required and is a separate document from your
visa or residency permit. It is necessary if you plan on working in a
foreign country. It may be obtained either before you leave the U.S. or
after you arrive in the foreign country, depending on the laws of the
particular country. It is usually applied for at the same time as the
residency permit or visa. (Note: The Department of State cannot help you
obtain visas or work permits.)
HEALTH MATTERS
Health Insurance
The Social Security Medicare Program does not cover hospital or medical
services outside the United States. The Department of Veterans Affairs
will only pay for hospital and medical service outside the United States
if you are a veteran with a service-related disability.
When considering medical insurance, first find out how citizens of the
country where you will reside pay their medical bills and if the same
coverage is available to resident foreigners. Some countries have government-sponsored
health insurance that may also provide coverage to foreign residents,
while others have a dual system with national health supplemented by private
insurance. In countries where many American expatriates reside, such as
Mexico, you may find that local private international health insurance
companies will offer coverage to U.S. citizen residents. Once you arrive,
check with organized groups in the American community to learn about these
companies.
Wherever possible, try to get the best medical insurance available. If
good coverage is not available where you will live, you may have to rely
on a U.S. medical insurance company. Before taking up residence abroad,
learn which U.S. medical services or health insurance plans provide coverage
for Americans living overseas. Check with the insurance company on whether
the coverage offered abroad includes both routine and emergency medical
treatment, hospitalization, and medical evacuation should it be necessary.
Once you obtain health insurance, remember to carry your policys identity
card and to keep a supply of insurance claim forms handy. The U.S. government
cannot pay for hospital or medical services for Americans overseas and
cannot pay to evacuate you for treatment in the United States.
There are a number of emergency medical assistance companies operating
internationally who offer urgent medical treatment for their member travelers.
Although the service is designed primarily for tourists who encounter
a medical or personal emergency while on vacation, some companies offer
yearly memberships which may be available to Americans residing overseas.
Contact a travel agent to learn more about these emergency assistance
companies.
Medication
For your protection, leave all medicines in their original, labeled containers.
If you require medication containing habit-forming drugs or narcotics,
carry a copy of the doctors prescription attesting to that fact. These
precautions will make customs processing easier and also will ensure you
do not violate the laws of the country in which you live.
If you have allergies, reactions to certain medicines, or other unique
medical problems, consider wearing a medical alert bracelet or carrying
a similar warning at all times.
Immunizations
Under the International Health Regulations adopted by the World Health
Organization, some countries require International Certificates of Vaccination
against yellow fever from international travelers. A few countries still
require a certificate of cholera immunization as well. A helpful guide
to immunizations and preventive measures for international travel is the
booklet, Health Information for International Travel. It is available
for $14 from the Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C. 20402. Specific information may also be obtained
from local and state health departments, physicians, or travel clinics
that advise international travelers. You may also reach the Centers for
Disease Control & Prevention on (404) 332-4559 or via their Internet
address at http://www.cdc.gov for immunization recommendations.
AIDS /HIV Testing
Many countries require long-term foreign residents and students to submit
proof that they are free of the HIV virus. Some of the countries that
require this proof may accept certified test results from the United States.
Consult the embassy of the country you will be residing in on whether
an AIDS/HIV test is required and if test results from the United States
are accepted. If not, check on the type of test to be performed and if
it is permissible to supply your own disposable needle. If you are overseas,
consult the nearest U.S. embassy or consulate for information and advice,
keeping in mind that you are in a foreign country and are subject to its
laws and requirements.
Glazed Ceramic Purchases
Be careful when purchasing ceramic tableware and clay pottery while overseas.
The U.S. Food and Drug Administration has determined that there are dangerous
levels of lead found in the glazes of some ceramic dinnerware and pottery
sold abroad. Because there is no way of knowing whether a particular item
is safe, the Food and Drug Administration recommends that you use such
wares for decorative purposes only.
PRACTICAL MATTERS
Federal Benefits
If you are receiving monthly benefits from a Federal or state agency
(Social Security, Department of Veterans Affairs, Office of Personnel
Management, etc.), contact the appropriate agency prior to your departure
from the United States to advise them of your residence abroad and to
inquire about the procedures for having your benefits checks sent overseas.
Driver's License
Many countries do not recognize a U.S. driver's license. Some, however,
will accept an international driver's permit, but it would be a good idea
to qualify for an in-country driver's license as soon as possible. International
driver's permits are not always valid in every country for the length
of your stay. It is usually only a matter of courtesy that the holder
of the permit is allowed to drive with it for any length of time.
International driver's licenses are usually only valid if presented in
conjunction with a valid U.S. or local license. To renew a license contact,
the Department of Motor Vehicles in your home state. It is illegal to
drive without a valid license and insurance in many countries. You should
check with the embassy of the country where you plan to reside, to find
out more about driver's license requirements.
Customs Hints
The pamphlet Know Before You Go contains information about U.S.
Customs regulations and procedures. Single copies are available from any
U.S. Customs office abroad or by writing to U.S. Customs, P.O. Box 7407,
Washington, D.C. 20044.
Taking A Pet Overseas
If you decide to bring your pet with you overseas, check specific requirements
with the country's embassy. Many countries have strict health, quarantine,
agriculture, wildlife, and customs requirements and prohibitions. (Note:
There are U.S. government regulations forbidding evacuation or emergency
assistance to pets during a crisis abroad)
LIVING OVERSEAS
HELP FROM THE U.S. GOVERNMENT
Assistance From American Consuls
U.S. consular officers are located in over 260 foreign service posts
abroad. They are available to advise and help you, especially if you are
in any kind of serious trouble. In addition, consular agents in approximately
46 foreign cities without U.S. embassies or consulates provide a limited
range of emergency and other consular services.
Consular officers are responsive to the needs of Americans traveling
or residing abroad. However, the majority of their time is devoted to
assisting Americans who are in serious legal, medical, or financial difficulties.
They can provide the names of local doctors, dentists, medical specialists,
and attorneys, and give you information about any dangerous or unusual
situations. Consular officers also perform non-emergency services, including
information on absentee voting, selective service registration, and acquisition
and loss of U.S. citizenship. They can arrange for the transfer of Social
Security and other U.S. government benefits to beneficiaries residing
abroad, provide U.S. tax forms, and notarize documents. They may also
provide information on how to obtain foreign public documents.
Because of the limited number of consular officers and the growing number
of U.S. tourists and residents abroad, consuls cannot provide tourism
or commercial services. For example, consuls cannot perform the work of
travel agencies, lawyers, information bureaus, banks, or the police. They
cannot find you jobs, get residence or driving permits, act as interpreters,
search for missing luggage, or settle commercial disputes.
Registration at U.S. Embassies or Consulates
As soon as you arrive at your permanent residence abroad, you should
register in person or by telephone with the nearest U.S. embassy or consulate.
Registration will make your presence and whereabouts known in case it
is necessary to contact you in an emergency. In accordance with the Privacy
Act, information on your welfare or whereabouts may not be released to
inquirers without your expressed written authorization. If you register
in person, you should bring your U.S. passport with you. Your passport
data will be recorded at the embassy or consulate, thereby making it easier
for you to apply for a replacement passport should it be lost or stolen.
Missing Persons
When a U.S. citizen abroad loses contact with friends or relatives in
the United States, the U.S. consul is often requested to give information
about that individual's welfare and whereabouts. Similar requests often
come from American private and official welfare organizations attempting,
for example, to track down an errant parent who failed to make child support
payments. The U.S. consul tries to comply with such requests after determining
carefully the reasons for the inquiry. If the consul has the address of
the U.S. citizen about whom the inquiry is being made, the consul will
inform the American of the inquirer's interest in getting in touch with
them and pass on any urgent messages. Consistent with the Privacy Act,
the consul then reports back to the inquirer the results of their search
efforts. Except in emergency situations, the consul will not release any
details about a U.S. citizen's welfare and whereabouts without the citizens
expressed consent.
Helpful Information for Americans Arrested Abroad
When living abroad, you are subject to local--i.e. foreign--laws. If
you experience difficulties with the local authorities, remember American
officials are limited by foreign laws, U.S. regulations, and geography
as to what they can do to assist you. The U.S. government cannot fund
your legal fees or other related expenses.
Should you find yourself in a dispute that may lead to police or legal
action, consult the nearest U.S. consular officer. Although consular officers
cannot get you out of jail, serve as your attorneys or give legal advice,
they can provide lists of local attorneys and help you find legal representation.
However, neither the Department of State nor U.S. embassies or consulates
can assume any responsibility for the caliber, competence, or professional
integrity of these attorneys.
If you are arrested, immediately ask to speak to the consular officer
at the nearest U.S. embassy or consulate. Under international agreements
and practice, you have a right to get in touch with the U.S. consul. If
you are turned down, keep asking--politely, but persistently.
Consular officers will do whatever they can to protect your legitimate
interests and ensure that you are not discriminated against under local
law. Upon learning of your arrest, a U.S. consular officer will visit
you, provide a list of local attorneys and, if requested, contact family
and friends. In cases of arrest, consuls can help transfer money, food,
and clothing from your family and friends to you. They also try to get
relief if you are held under inhumane or unhealthy conditions or treated
less equitably than others in the same situation.
Drug Arrests
Despite repeated warnings, drug arrests and convictions of American citizens
are still a problem. If you are caught with any type of narcotics overseas,
you are subject to local--not U.S. laws. Penalties for possession or trafficking
are often the same. If you are arrested, you will find the following:
-- Few countries provide a jury trial.
-- Most countries do not accept bail.
-- Pre-trial detention, often in solitary confinement, may last many
months.
-- Prisons may lack even minimal comforts--bed, toilet, washbasin.
-- Diets are often inadequate and require supplements from relatives
and friends.
-- Officials may not speak English.
-- Physical abuse, confiscation of personal property, degrading or inhumane
treatment, and extortion are possible.
If you are convicted, you may face one of the following sentences:
-- Two to ten years in most countries.
-- A minimum of six years' hard labor and a stiff fine.
-- The death sentence in some countries.
Learn what the local laws are and obey them.
Marriage Abroad
Consular officers abroad cannot perform a marriage for you. Marriages
abroad are generally performed by local civil or religious officials.
Once your marriage is performed overseas, U.S. consular officers can advise
you on how your foreign marriage document can be authenticated. A marriage
which is valid under the laws of the country where the marriage was performed
is generally recognized by most states in the United States. If you are
married abroad and need confirmation that your marriage will be recognized
in the United States, consult the Attorney General of your state of residence
in the United States.
Marriages abroad are subject to the residency requirements of the country
where the marriage is performed. There is almost always a lengthy waiting
period. Some countries require that the civil documents which are presented
to the marriage registrar abroad be translated and authenticated by a
foreign consular official in the United States. This process can be time
consuming and expensive. Unlike in the United States, civil law countries
require proof of legal capacity to enter into a marriage contract. If
it is necessary to obtain this proof overseas, you can execute an affidavit
of eligibility to marry at a U.S. embassy or consulate for a small fee
(currently $10). There are also individual requirements which vary from
country to country, i.e. parental consent and blood tests. Before going
abroad, check with the embassy or tourist information bureau of the country
where you plan to marry to learn of any specific requirements. In addition,
the Office of Overseas Citizens Services, Room 4811, Department of State,
Washington, D.C. 20520 has some general information on marriage in a number
of countries overseas. If you are already abroad, consult with the nearest
U.S. embassy or consulate.
Divorce Abroad
The validity of divorces obtained overseas will vary according to the
requirements of an individual's state of residence. Consult the authorities
of your state of residence in the United States for these requirements.
Birth Abroad of a U.S. Citizen
Most children born abroad to a U.S. citizen parent or parents acquire
U.S. citizenship at birth. As soon as possible after the birth, the U.S.
citizen parent should contact the nearest American embassy or consulate.
When it is determined that the child has acquired U.S. citizenship, a
consular officer prepares a Consular Report of Birth Abroad of a Citizen
of the United States of America (Form FS-240). This document is recognized
by U.S. law as proof of acquisition of U.S. citizenship and is acceptable
evidence of citizenship for obtaining a passport, entering school, and
most other purposes.
Death of a U.S. Citizen Abroad
When a U.S. citizen dies abroad, the nearest U.S. embassy or consulate
should be notified as soon as possible. Upon notification, the consular
officer, in accordance with local laws, may do the following:
-- Require proof of the decedent's citizenship (for example, U.S. passport,
birth certificate, or naturalization certificate).
-- Report the death to the next of kin or legal representative.
-- Obtain instructions and funds from the family to make arrangements
for local burial or return of the body to the United States.
-- Obtain the local death certificate and prepare a Report of Death of
an American Citizen Abroad (Form OF-180) to forward to the next of kin
or legal representative. (This document may be used in U.S. courts to
settle estate matters.)
-- Serve as provisional conservator of a deceased Americans estate and
arrange for disposition of those effects.
Because the costs for local burial or transporting a deceased body back
to the United States can be quite expensive, you may wish to obtain insurance
to cover this cost. Otherwise, your relative or next of kin must bear
these expenses. The U.S. Government cannot pay to have your body buried
overseas or returned to the United States.
Federal Benefits Services Abroad
Federal agency monthly benefits checks are generally sent from the Department
of the Treasury to the U.S. embassies or consulates in the countries where
the beneficiaries are residing. When you move overseas, report your change
of residence to the nearest U.S. embassy or consulate. The usual procedure
is for the embassy or consulate to then forward the check through the
local mail system to you. It may be possible to make arrangements to have
your check deposited directly into a bank account located in the United
States or in the country where you reside. Check with the benefits paying
agency or the nearest U.S. embassy or consulate for further information.
If your check does not arrive or you have other questions about your
benefits, contact a consular officer at the nearest U.S. embassy or consulate.
If the consular officer cannot answer your inquiry, he or she will contact
the appropriate paying agency, such as the Social Security Administration,
and make inquiries on your behalf. If you move, notify the nearest U.S.
embassy or consulate at least 60 days before the move. This will enable
the Federal agency to update its records so your checks are sent to the
correct address.
Assistance In Voting in U.S. Elections
Americans who reside abroad are usually eligible to vote by absentee
ballot in all Federal elections and may also be eligible to vote in many
state and local U.S. elections. Eligibility depends upon the laws and
regulations of your state of residence in the United States. To vote absentee,
you must meet state voter registration requirements and apply for the
ballot as early as possible from the state of your last domicile. Should
your state ballot not arrive in sufficient time, you may be eligible to
use a Federal write-in ballot known as a F.W.A.B. You should consult the
nearest U.S. embassy or consulate for additional information.
Selective Service Registration
Section I-202 of the Presidential Proclamation of July 2, 1980, reinstituting
registration under the Military Selective Service Act, states:
Citizens of the United States who are to be registered and who are not
in the United States on any of the days set aside for their registration,
shall present themselves at a U.S. embassy or consulate for registration
before a diplomatic or consular officer of the United States or before
a registrar duly appointed by a diplomatic or consular officer of the
United States.
Check with the nearest U.S. embassy or consulate if you need to comply.
FAMILY MATTERS
Adopting A Child Overseas
If you plan to adopt a child overseas, you should be aware that the U.S.
Government considers foreign adoptions to be a private legal matter within
the judicial sovereignty of the nation where the child is residing. U.S.
authorities have no right to intervene on behalf of American citizens
in the courts in the country where the adoption takes place. However,
there are a number of ways that U.S. embassies and consulates can assist
prospective parents.
The U.S. embassy or consulate can provide you with information on the
adoption process in the country where you reside. Consular officers can
make inquiries on your behalf regarding the status of your case in the
foreign court and will assist in clarifying documentary requirements if
necessary. Embassies and consulates will also ensure that as an American
you are not being discriminated against by foreign courts and will provide
you with information on the visa application process for your adopted
child.
Because children in foreign adoptions are considered to be nationals
of the country of origin, prospective parents must comply with local laws.
One way to achieve this is by dealing only with a reputable international
adoption agency experienced in handling adoptions in the country where
you are living. In the case of a private adoption, you should hire a local
attorney with expertise in adoptions. Because of the potential for fraud
in international adoptions, you need to be aware of the pitfalls. The
U.S. embassy or consulate can offer you advice on what problems you might
encounter.
Foreign children adopted overseas by U.S. citizens can gain U.S. citizenship
if the adoptive parents apply for the child's naturalization after they
return to the United States. In most cases, the adoptive parents would
merely apply for a Certificate of Citizenship from the Bureau of Citizenship
and Immigration Services in the Department of Homeland Security (BCIS)
after the adoption. However, until they return to the United States, the
adopted child remains a national of their country of origin. Before returning
to the United States with your adopted child, you will need to petition
the BCIS for your childs immigrant visa. For further information on adoption
procedures, obtain BCIS Form M-249 entitled, The Immigration of Adopted
and Prospective Adoptive Children. You
can also contact the Department of State, Overseas Citizens Services Office
of Children's Issues, telephone 1-888-407-4747 to learn more about
foreign adoption procedures and to order the booklet International Adoptions.
This booklet is also available on the Internet at http://travel.state.gov
and contains useful information for U.S. citizens who plan to adopt a
foreign child.
International Child Custody Disputes
For parents involved in a child custody dispute, there are limits on
the assistance that U.S. authorities can provide. In cases where an American
child is abducted overseas by a parent, the U.S. Governments role is confined
to helping the remaining parent locate the child, monitoring the childs
welfare, and providing general information about child custody laws and
procedures in the country where the abduction took place. Consular officers
overseas can issue a U.S. passport to a child involved in a custody dispute
if the child appears in person at the U.S. embassy or consulate and there
is no court order issued by the foreign court of that country which bars
the childs departure from the country.
U.S. consuls cannot take custody of a child, force the child's return
to the United States, or attempt to influence child custody proceedings
in foreign courts. If the parents cannot work out an amicable settlement
of a child custody dispute, the only recourse is usually court action
in the country where the child is residing. A custody decree originating
in the United States is not automatically recognized overseas. On the
contrary, foreign courts will decide custody in accordance with the laws
of that country. If you are involved in a custody dispute, you will need
to obtain a foreign attorney to represent you in court. You can obtain
a list of such attorneys from the U.S. embassy or consulate in the country
where your child has been taken.
Parents who are involved in a custody battle overseas should find out
whether the country you are in is a party to the Hague Convention on the
Civil Aspects of International Child Abduction. Under the Hague Convention,
a child who has been wrongfully removed may be returned to his or her
place of habitual residence. For further information on the Hague Convention
contact the Office of Children's Issues in Overseas Citizens Services.
That office also has copies of the booklet International Parental Child
Abduction which contains helpful information on what U.S. citizen parents
can do to prevent their child from becoming a victim of parental child
abduction. If you are overseas and would like information on this subject,
contact the nearest U.S. embassy or consulate for guidance.
PRECAUTIONS
Safeguarding Your Passport
Your passport is a valuable document which should be carefully safeguarded.
When living overseas, the Department of State recommends that you keep
your passport at home in a safe, secure place. Although a passport kept
at an available storage facility outside the home might offer maximum
security, keep in mind that an emergency requiring immediate travel may
make it difficult or impossible to obtain your passport before departure.
In such a case, it may not be possible to obtain a replacement or temporary
passport in time to make the intended travel.
Loss or Theft of a U.S. Passport
If your passport is lost or stolen abroad, report the loss immediately
to the nearest foreign service post and to local police authorities. If
you can provide the consular officer with the information in the old passport,
it will facilitate issuance of a new passport. Therefore, you should photocopy
the data page of your passport and keep it in a separate place for easy
retrieval.
Passport Fraud
Multiple and fraudulent U.S. passports are used in many types of criminal
activity, including illegal entry into the United States. In processing
lost passport cases, the Department of State must take special precautions
that may delay the issuance of a new passport. If you suspect a U.S. passport
is being used fraudulently, do not hesitate to contact the nearest passport
agency in the United States or American embassy or consulate overseas.
CITIZENSHIP AND NATIONALITY
U.S. Citizenship and Residence Abroad
U.S. citizens who take up residence abroad or who are contemplating doing
so frequently ask whether this will have any effect on their citizenship.
Residence abroad, in and of itself, has no effect on U.S. citizenship
and there is no requirement of U.S. law that a person who is a naturalized
U.S. citizen must return to the United States periodically to preserve
his or her U.S. citizenship. Contact the nearest U.S. embassy or consulate
if you have any questions about nationality.
Acquisition and Loss of Citizenship
U.S. citizenship may be acquired by birth in the United States or by
birth abroad to a U.S. citizen parent or parents. However, there are certain
residency or physical presence requirements that U.S. citizens may need
to fulfill before the child's birth in order to transmit citizenship to
their child born overseas. A child born abroad in wedlock to one citizen
parent and one alien parent acquires U.S. citizenship only if the citizen
parent was physically present in the United States for 5 years prior to
the child's birth, at least 2 years of which were after the age of 14.
Living abroad in military service or U.S. Government employment, or as
an unmarried dependent in the household of someone so employed, can be
considered as presence in the United States. A child born out of wedlock
to a U.S. citizen mother acquires U.S. citizenship if the mother was physically
present in the United States for 1 continuous year prior to the child's
birth. A child born out of wedlock to a U.S. citizen father must establish
a legal relationship to the father before age 18 or be legitimated before
reaching age 21, depending on the date of birth, if he/she is to acquire
U.S. citizenship through the father. For further information on these
legal requirements, consult the nearest U.S. embassy or consulate. Citizenship
may also be acquired subsequent to birth through the process of naturalization.
(For more information, contact the Bureau of Citizenship and Immigration
Services in the Department of Homeland Security at 1-800-755-0777.)
Loss of citizenship can occur only as the result of a citizen voluntarily
performing an act of expatriation as set forth in the Immigration and
Nationality Act with the intent to relinquish citizenship. Such acts most
frequently performed include the following:
- Naturalization in a foreign state;
- Taking an oath or making an affirmation of allegiance to a foreign
state;
- Service in the armed forces of a foreign state;
- Employment with a foreign government; or
- Taking a formal oath of renunciation of allegiance before a U.S. consular
or diplomatic officer.
If you have any question about any aspect of loss of nationality, contact
the nearest U.S. embassy or consulate or the Office of Overseas Citizens
Services, Bureau of Consular Affairs, Room 4811, Department of State,
Washington, D.C. 20520.
Dual Nationality
A foreign country might claim you as a citizen of that country if:
- You were born there.
- Your parent or parents are or were citizens of that country.
- You are a naturalized U.S. citizen but are still considered a citizen
under that country's laws.
If you fall into any of the above categories, consult the embassy of
the country where you are planning to reside or are presently living.
While recognizing the existence of dual nationality, the U.S. Government
does not encourage it as a matter of policy because of the problems it
may cause. Claims of other countries upon dual-national U.S. citizens
often place them in situations where their obligations to one country
are in conflict with U.S. law. Dual nationality may hamper efforts by
the U.S. Government to provide diplomatic and consular protection to individuals
overseas. When a U.S. citizen is in the other country of their dual nationality,
that country has a predominant claim on the person. If you have any question
about dual nationality, contact the nearest U.S. embassy or consulate
or the Office of Overseas Citizens Services at the address in the previous
section.
FINANCIAL AND BUSINESS MATTERS
U.S. Taxes
U.S. citizens must report their worldwide income on their Federal income
tax returns. Living or earning income outside the United States does not
relieve a U.S. citizen of responsibility for filing tax returns. However,
U.S. citizens living and/or working abroad may be entitled to various
deductions, exclusions, and credits under U.S. tax laws, as well as under
international tax treaties and conventions between the United States and
a number of foreign countries. Consult the Internal Revenue Service (IRS)
for further information.
For information on taxes and locations of IRS offices overseas, contact
any office of the IRS or write to the Forms Distribution Center, Post
Office Box 25866, Richmond, Virginia 23289. That office also has copies
of Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad;
Publication 901, U.S. Tax Treaties; Publication 514, Foreign Tax Credit
for Individuals and Publication 520, Scholarships and Fellowships. The
IRS has also put together a package of forms and instructions (Publication
776) for U.S. citizens living abroad. The package is also available through
to the Forms Distribution Center. During the filing period, you can usually
obtain the necessary Federal income tax forms from the nearest U.S. embassy
or consulate.
If you have access to a personal computer and a modem, you can get forms
and publications electronically from the IRS. The forms and publications
are available through IRIS, the Internal Revenue Information Services
on FedWorld, a government bulletin board. On the Internet, you can telnet
to fedworld.gov. or for file transfer protocol services, connect to ftp.fedworld.gov.
If you are using the Internet's World Wide Web, connect to http://www.ustreas.gov.
Foreign Country Taxes
If you earn any income while you are overseas, you may be required to
pay tax on that income. You should check the rules and regulations with
that country's embassy or consulate before you leave the United States,
or consult the nearest U.S. embassy or consulate abroad.
Bank Accounts
Some countries will permit you to maintain a local bank account denominated
in dollars or in another foreign currency of your choice. This may be
a good idea if the U.S. dollar is strong and the local currency in the
country you reside in is weak. If that country does not permit you to
maintain U.S. dollar bank accounts, another idea would be to keep your
dollars in a bank in the United States. That way you could convert them
to the local currency as you need them rather than all at once. This would
protect you in the event that the country you are living in devalues its
currency.
Wills
To avoid the risk of running afoul of foreign laws, if you own property
or other assets both in the United States and overseas, consider the idea
of having two wills drawn up. One should be prepared according to the
legal system of your adopted country, and the other according to the legal
system of the U.S. Each will should mention the other.
Having two wills should ensure that your foreign property is disposed
of in accordance with your wishes in the event of your death.
Property Investment
A major decision that you will have to face when you live abroad is whether
or not to purchase a home or property. Because prices in many foreign
countries may seem like a bargain compared to the United States, there
may be some merit to investing in real estate. However, you will need
to keep several things in mind. First, check to see whether the country
where you plan to invest permits foreigners to own property. Many foreign
countries do not permit foreigners without immigrant status to buy real
estate. Also, there may be restrictions on areas in which you may buy
property and on the total number of foreigners who may purchase property
in any one year.
One way for a foreigner to purchase real estate overseas may be to set
up a bank trust and then lease the property. For your protection, you
should first consult with a local real estate agent and then hire a reputable
attorney. Check with the U.S. embassy or consulate in the country where
you plan to purchase property to obtain a list of lawyers. A good lawyer
will provide you with information about having your real estate contract
notarized, registered, and if necessary, translated. Your attorney should
also be able to advise you on protection against unscrupulous land deals.
Before you make a real estate purchase, learn the customs and laws of
the foreign government with regard to real estate. In the event of a dispute,
you will have to abide by local and not U.S. laws. A good rule to follow
is that before you invest in any real estate take the same precautions
which you normally would take before you make a sizeable investment in
the United States.
RETURNING TO THE U.S.
U.S. Immigration and Customs
If you leave the U.S. for purposes of traveling, working, or studying
abroad, and return to resume U.S. residence, you are considered a returning
U.S. resident by the U.S. Customs Service.
When you go through immigration and customs at the port of entry, have
your passport ready. Where possible, pack separately the articles you
have acquired abroad to make inspection easy. Have your receipts handy
in case you need to support your customs declaration. If you took other
documents with you, such as an International Certification of Vaccination,
a medical certificate, or a customs certificate of registration for foreign-made
personal articles, have them ready also. If you are returning to the U.S.
by car from either Mexico or Canada, a certificate of vehicle registration
should be available.
Articles acquired abroad and brought back with you are subject to duty
and internal revenue tax. As a returning U.S. resident, you are allowed
to bring back $400 ($600, if you are returning directly from a Caribbean
Basin Economy Recovery Act country) worth of merchandise duty free. However,
you must have been outside the United States for at least 48 hours, and
you must not have used this exemption within the preceding 30-day period.
The next $l,000 worth of items you bring back with you for personal use
or gifts are dutiable at a flat 10% rate. (Your duty free exemption may
include 100 cigars, 200 cigarettes, and 1 liter of wine, beer or liquor.)
Restrictions on Products Entering the U. S.
Fresh fruit, meat, vegetables, plants in soil, and many other agricultural
products are prohibited from entering the United States because they may
carry foreign insects and diseases that could damage U.S. crops, forests,
gardens, and livestock. Other items may also be restricted, so be sure
to obtain details of regulations before departing for your trip back to
the U.S. These restrictions also apply to mailed products. Prohibited
items confiscated and destroyed at U.S. international postal facilities
have almost doubled in recent years. For more information and to request
the pamphlet, Travelers Tips on Prohibited Agricultural Products
contact the agricultural affairs office at the nearest U.S. embassy or
consulate, or write to the Animal and Plant Health Inspection Service,
U.S. Department of Agriculture, 4700 River Road, Unit 51, Riverdale, MD
20737.
Importing A Car
If you plan to bring a car back with you, before purchasing it, make
sure it conforms to U.S. emission standards established by the Environmental
Protection Agency. If your vehicle does not conform to standards, it may
be banned from entering the country. For further information, obtain the
pamphlet, Buying a Car Overseas? Beware! from the U.S. Environmental
Protection Agency, Public Information Center, Mail Code 3406, 401 M Street,
S.W., Washington, D.C. 20460.
Wildlife and Wildlife Products
While you were overseas, if you purchased any articles made from endangered
animals and plants or any live wild animals to bring back as pets, you
need to be aware that U.S. laws and international treaties make it a crime
to bring many wildlife souvenirs into the United States. Some prohibited
items include those made from sea turtle shell, most reptile skins, crocodile
leather, ivory, furs from endangered cat species, and those from coral
reefs. Do not buy wildlife souvenirs if you are unsure of being able to
bring them legally into the United States. The penalties you risk are
severe and your purchases could be confiscated. To learn more about endangered
wildlife and guidelines governing restrictions on imports into the United
States, you can obtain the pamphlet, Buyer Beware! For a free copy,
contact the Publications Unit, U.S. Fish and Wildlife Service, Department
of the Interior, Washington, D.C. 20240. Additional information on the
import of wildlife and wildlife products can be obtained through TRAFFIC
(U.S.A.), World Wildlife Fund--U.S., 1250 24th Street, N.W., Washington,
D.C. 20037.
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