Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/trvltops/reside.toq

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TIPS  FOR  AMERICANS RESIDING  ABROAD
(Consular Affairs Topics)




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.


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 child's 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, Office of Citizens Consular Services, Washington,
D.C. 20520 to learn more about U.S. citizenship requirements and
adoption procedures.

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. Government's
role is confined to helping the remaining parent locate the child,
monitoring the child's 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
child's 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.

If you are a parent involved in a custody battle overseas 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 Citizens
Consular Services, Bureau of Consular Affairs, Department of State,
Room 4817, Washington, D.C. 20520.  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 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 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 foreign service post overseas.

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.

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.  However, a person who becomes a U.S. citizen through
naturalization and then takes up a permanent residence abroad within
1 year thereafter is subject to possible revocation of naturalization
on the grounds that he/she 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, it became necessary for them 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 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 citizenship if the mother was physically present
in the United States for 1 year.  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 foreign service post.  Citizenship may also be
acquired subsequent to birth through the process of naturalization
(see previous page).

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.  Such
acts most frequently performed include the following:

l   Naturalization in a foreign state;
l   Taking an oath or making an affirmation of allegiance to a foreign state;
l   Service in the armed forces of a foreign state;
l   Employment with a foreign government; or
l   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 foreign service post or the Office of Citizens
Consular Services, Bureau of Consular Affairs, Room 4817, Department
of State, Washington, D.C. 20520.

Dual Nationality

A foreign country might claim you as a citizen of that country if:

l   You were born there.
l   Your parent or parents are or were citizens of that country.

l   You are a naturalized U.S. citizen but are still considered a
citizen under that country's laws.

If you are in 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 foreign service post or the Office of Citizens
Consular Services at the address on the previous page.

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.
You can get the package by writing to the Forms Distribution Center
at the address on page 22.  During the filing period, you can usually
obtain the necessary Federal income tax forms from the nearest U.S.
embassy or consulate.

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 cover your assets
in your adopted country and the other your U.S. assets.  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 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.

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 con-sulate, or write
to the Animal and Plant Health Inspection Service, U.S. Department
of Agri-culture, 613 Federal Building, 6505 Belcrest Road, Hyattsville,
Maryland 20782.

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 (EPA).  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, PM-211B, 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.

ADDITIONAL INFORMATION
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 3 times a year; a 1-year subscription
is $5.  Order from the Superintendent of Documents, U.S. Government
Printing Office, Washington, D.C. 20402.

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 for $1
from the U.S. Government Printing Office.

Safe Travel
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, send $1
to the U.S. Government Printing Office.

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 from CA/PA, Room 5807, Department of State, Washington,
D.C. 20520.

The Citizens Emergency Center
The Citizens Emergency Center contains information about the assistance
that office provides in four major categories: deaths, arrests, welfare/whereabouts
inquiries, and financial-medical emergencies.  The leaflet is free
from CA/PA at the address above.