U.S. Government Help
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.
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.
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, and 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.
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.
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.