CHAPTER 6
CONSULAR ASSISTANCE AND LEGAL ISSUES
| REQUIRED DOCUMENTS
PASSPORTS American citizens should have a valid passport before taking up residence abroad. Once living abroad, Americans should continue to maintain a valid passport. If you are overseas, consult the nearest US 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 US embassy or consulate in your consular district to find out if it accepts passport applications by mail or via a third party courier. You should also bring |
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| with you such personal documents as birth certificates and your marriage license, which are often needed to obtain housing and local driver's licenses, and to complete school matriculation. | |
VISAS
All governments require foreigners to have an appropriate visa in order
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. In most instances you must obtain the necessary visa
before you leave the United States.
ASSISTANCE FROM AMERICAN CONSULS
In your stay abroad you will no doubt find the nearest US embassy or
consulate to be useful to you in many ways. US consular officers are
located in over 250 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 a number of foreign cities
without US consulates provide a limited range of emergency and other
consular services.
Although consular officers are responsive to the needs of all Americans
traveling or residing abroad, 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
travel advisories. Consular officers also perform non-emergency
services, including information on absentee voting, selective service
registration, and acquisition and loss of US citizenship. They can
arrange for the transfer of Social Security and other US Government
benefits to beneficiaries residing abroad, provide US 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 US 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 US EMBASSIES OR CONSULATES
As soon as you arrive abroad, you should register in person or by
telephone with the nearest US 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 express authorization. If you register in
person, you should bring your US 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.
CONSULAR OFFICIALS AND THEIR DUTIES
The Chief of Mission (with the title of Ambassador, Minister, or Chargé
d'Affaires) and the Deputy Chief of Mission are the heads of diplomatic
missions. They are responsible for all parts of the mission within a
country, including the consular post. The Economic/Commercial Officers
represent all the commercial interests in the country to which they are
assigned. Their responsibilities include promoting trade and exports,
arranging appointments for their citizens with local businessmen and
government officials, and providing the maximum possible assistance to
their country's businesses within the host country. Political Officers
study and report on local political developments and the possible
effects these developments might have on their country's interests.
Labor Officers are well informed on labor issues in their particular
countries and can supply information on such things as wages, non-wage
costs, local security regulations, etc. The Consular Officers are the
ones with whom you, as an expatriate, will have the most contact. Their
function is to give you and your property the protection of your
government. They maintain lists of their citizens living in the area,
have lists of local attorneys, and act as liaison with police and other
officials. Finally, the Administrative Officer is in charge of the
normal business operations of the post, including all purchasing for the
embassy or consulate.
SPECIFIC CONSULATE SERVICES FOR US CITIZENS
LOSS OR THEFT OF A US PASSPORT
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.
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
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 where it can be easily retrieved.
PASSPORT FRAUD
Multiple and fraudulent US 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 US passport is being used fraudulently, do not hesitate to
contact the nearest passport agency in the United States or American
foreign service post overseas.
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 US to advise them of your residence abroad and to
inquire about the procedures for having your benefits checks sent
abroad. Federal agency monthly benefits checks are generally sent from
the Department of the Treasury to the US embassies or consulates in the
countries where the beneficiaries are residing. When you move overseas,
report your change of residence to the nearest US 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 have
your check deposited directly into a bank account located in the US or
in the country where you reside. Check with the benefits paying agency
or the nearest US embassy or consulate for further information.
If your check does not arrive or you have other questions about your
benefits, contact the nearest US embassy or consulate. If they cannot
answer your inquiry, they will contact the appropriate paying agency,
such as the Social Security Administration, and make inquiries on your
behalf. If you move, notify the nearest US 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.
VOTING IN US 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 US elections. Eligibility depends upon the laws and
regulations of your state of residence in the US. 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. You should consult the nearest US embassy or
consulate for additional information.
SELECTIVE SERVICE REGISTRATION
According to the Military Selective Service Act, citizens of the US who
are to be registered and who are not in the US on any of the days set
aside for their registration are required to present themselves at a US
embassy or consulate for registration.
MISSING PERSONS
When a US citizen abroad loses contact with friends or relatives in the
US, the US 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 US consul tries to comply with such requests after
determining the reasons for the inquiry. If the consul has the address
of the US 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 US citizen's welfare and whereabouts without the
citizen's expressed consent.
ASSISTANCE 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, US regulations, and
geography as to what they can do to assist you. The US 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 US 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 US
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 US embassy or consulate. Under international agreements and
practice, you have a right to get in touch with the US consul. If you
are turned down, keep asking politely, but persistently. If
unsuccessful, try to have someone get in touch for you.
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 US 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 are
being treated less equitably than others in the same situation.
OTHER LEGAL CONSIDERATIONS
BIRTH OF A US CITIZEN ABROAD
Most children born abroad to a parent or parents who are US citizens
acquire US citizenship at birth. As soon as possible after the birth,
the US citizen parent should contact the nearest American embassy or
consulate. When it is determined that the child has acquired US
citizenship, a consular officer prepares a Report of Birth Abroad of a
Citizen of the United States of America. This document is recognized by
US law as proof of acquisition of US citizenship and is acceptable
evidence of citizenship for obtaining a passport, entering school, and
most other purposes.
DEATH OF A US CITIZEN ABROAD
When a US citizen dies abroad, the nearest US 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, US 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 US
· Obtain the local death certificate and prepare a Report of Death of
an
American Citizen Abroad to forward to the next of kin or legal
representative (This document may be used in US courts to settle
estate
matters)
· Serve as provisional conservator of a deceased American's 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 US Government cannot pay to have your
body buried overseas or returned to the United States.
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 abroad, US consular officers can
authenticate your foreign marriage documents for a fee. A marriage
which is valid under the laws of the country where the marriage was
performed is generally recognized by most States in the US. If you are
married abroad and need confirmation that your marriage will be
recognized in the US, 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 while
outside the US, you can execute an affidavit of eligibility to marry at
a US embassy or consulate for a small fee. There are also individual
requirements which vary from country to country (for example, 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 Citizens
Consular Services, Room 4817, Department of State, Washington, DC 20520
has some general information on marriage in a number of countries
abroad. If you are already abroad, consult with the nearest US embassy
or consulate.
DIVORCE ABROAD
The validity of divorces obtained overseas will vary according to the
individual's state of residence. Consult the authorities of your state
of residence in the United States for these requirements.
US CITIZENSHIP AND RESIDENCE ABROAD
US 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 US
citizenship. However, a person who becomes a US citizen through
naturalization and then takes up a permanent residence abroad within one
year thereafter is subject to possible revocation of naturalization on
the grounds that he did not intend to reside permanently in the United
States when the petition for naturalization was filed. Each particular
case is judged on its own merits. Clearly, some persons may have
intended to reside in the United States but due to unexpected
circumstances had to take up residence abroad. Revocation of
naturalization is the responsibility of the court where the
naturalization occurred. The initial steps leading to revocation are
taken by the Departments of State and Justice. Contact the nearest US
embassy or consulate if you have any questions about citizenship.
ACQUISITION AND LOSS OF CITIZENSHIP
US citizenship may be acquired by birth in the United States or by birth
abroad to a parent or parents who are US citizens. However, there are
certain residency or physical presence requirements that US citizens may
need to fulfill before the child's birth in order to transmit
citizenship to their child born abroad. A child born abroad in wedlock
to one citizen parent and one alien parent acquires US citizenship only
if the citizen parent was physically present in the United States for
five years prior to the child's birth, at least two years of which were
after the age of 14. Living abroad in military service or US 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 US citizen mother acquires citizenship if the
mother was physically present in the United States for one year. A
child born out of wedlock to a US 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 is to acquire US
citizenship through the father. For further information on these legal
requirements, consult the nearest foreign service post.
Loss of citizenship can occur only as the result of a citizen's
voluntarily performing an act of expatriation as set forth in the
Immigration and Nationality Act with the intent to relinquish
citizenship. These include naturalization in a foreign state and taking
an oath or making an affirmation of allegiance to a foreign state.
AMERICANS AND DRUG USE OVERSEAS
While the dangers of drug use are not a subject I want to dwell on, it
is worth mentioning that every year over 1,000 Americans are arrested
overseas for possession of illegal drugs. Anyone found to be in
possession of illegal narcotics overseas will be prosecuted according to
the laws of that country. Note well that US laws pertaining to
possession of narcotics are not applicable in other countries. If you
are incarcerated on a drug charge, you could find yourself in solitary
confinement for months awaiting trial. If you are convicted, you can
expect a sentence of up to ten years, which may include six years of
hard labor. The bottom line is that possession of illegal drugs
overseas leads to a dead end nightmare. If you are arrested, you will
find:
· 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 year's hard labor and a
stiff fine; or the death sentence in some countries.
Learn what the local laws are and obey them..
 Chapter 7 |
