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 from
the Bureau of Public Affairs, fax-on-demand by calling (202) 736-7720
from your fax machine or on the Department of States homepage 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.
Consular
Affairs Bulletin Board - CABB
If
you have a personal computer, modem and communication software,
you can access the Consular Affairs Bulletin Board (CABB). This
service is free of charge. To view or download the documents from
a computer and modem, dial the CABB on (301) 946-4400. The login
is travel; the password is travel.
Tips
for Travelers Series
The
Department of State publishes a series of pamphlets on travel to
specific regions of the world. The brochures cover topics such as
currency and customs regulations, import and export controls, dual
nationality, and photography restrictions. The following publications
are available for $1-1.50 each from the Superintendent of Documents,
U.S. Government Printing Office (GPO), Washington, D.C. 20402. (Availability
and prices are subject to change without notice. Please check with
the GPO before ordering at (202) 512-1800.)
Tips
for Travelers to Sub-Saharan Africa
Tips for Travelers to the Caribbean
Tips for Travelers to Canada
Tips for Travelers to Central and South America
Tips for Travelers to the People's Republic of China
Tips for Travelers to Mexico
Tips for Travelers to the Middle East and North Africa
Tips for Travelers to Russia and the Newly Independent States
Tips for Travelers to South Asia
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
DSP-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. Click here to
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 DSP-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.
Click here to
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 Immigration
and Naturalization Service (INS) 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 INS for your
childs immigrant visa. For further information on adoption procedures,
obtain INS 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, Room 4818,
Washington, D.C. 20520, telephone (202) 736-7000 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 Immigration and Naturalization
Service 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.
OTHER
IMPORTANT PUBLICATIONS
U.S.
Embassies and Consulates
Key
Officers of Foreign Service Posts: Guide for Business Representatives
has names of key officers and addresses for U.S. embassies, consulates,
and missions abroad. Updated 2 times a year; a 1-year subscription
is $5. Order from the Superintendent of Documents, U.S. Government
Printing Office (GPO), Washington, D.C. 20402, telephone: (202)
512-1800 or fax: (202) 512-2250.
Your
Trip Abroad
Your
Trip Abroad contains helpful tips on obtaining a passport, things
to consider in preparing for your overseas trip, other resources
for travel and customs information. To obtain a copy, contact the
GPO for price and availability.
Tips
for Older Americans
Travel
Tips for Older Americans provides general information on passports,
visas, health, currency, and other travel tidbits for elderly U.S.
citizens planning to travel overseas. Copies are available from
the Internet at http://travel.state.gov or Consular Affairs automated
fax at (202) 647-3000.
A
Safe Trip Abroad
A
Safe Trip Abroad contains helpful precautions to minimize the chance
of becoming a victim of terrorism and also provides other safety
tips for Americans traveling overseas. To obtain a copy, contact
the GPO for price and availability.
Crisis
Abroad
Crisis
Abroad--What the State Department Does summarizes the work by the
State Department during a crisis and its efforts to obtain reliable
information from local authorities abroad for concerned relatives
and friends of Americans located in the disaster area. Copies are
free by sending a stamped, self-addressed business-size envelope
(SASE) to CA/P, Room 6831, Department of State, Washington, D.C.
20520-4818.
Overseas
Citizens Services
The
booklet Office of Overseas Citizens Services contains information
about the assistance that the office provides in four major categories:
deaths, arrests, welfare/whereabouts inquiries, and financial-medical
emergencies. The booklet is free by sending a SASE to CA/P at the
address above.
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