Q: What can the U.S. Embassy do for me, if I, as a U.S. citizen, am in trouble with the law in Guyana?
The U.S. Embassy is concerned with the welfare of all U.S. citizens in Guyana, whether they were born in Guyana, the United States, or somewhere else. The U.S. Embassy has a section known as American Citizen Services (ACS) that provides a wide range of services to U.S. citizens within its consular district, including obtaining or renewing a U.S. passport, documenting a child born to a U.S. citizen parent or parents, or assisting with an emergency, such as death or arrest.
In the event that a U.S. citizen is arrested while in Guyana or another overseas destination, the U.S. consular officer plays an important role in assisting that U.S. citizen. As soon as the Embassy’s Consular Section learns about the arrest of a U.S. citizen, the consular officer requests permission to visit the prisoner within a specific timeframe. If the individual arrested is brought to a prison or police station located close to the Embassy, the visit is usually conducted within 24 hours. When the prison or police station is located farther away, the visit is normally done within 48 hours of learning of the arrest. Once the detained U.S. citizen is tried and sentenced, a consular officer will conduct a prison visit on a quarterly basis unless there is a specific need for more frequent contact.
During the initial jail visit, the consular officer meets with the U.S. citizen prisoner to ascertain his/her physical and medical condition and to seek permission to contact the U.S. citizen’s family or friends in the United States. The consular officer will provide the arrested U.S. citizen with a list of local attorneys and some basic information regarding the legal system of the host country. Also, if the authorities allow, the consular officer can take the prisoner’s U.S. passport to the Embassy for safekeeping and with the individual’s permission arrange for a friend to store his/her personal belongings. The consular officer can protest on the prisoner’s behalf if there is evidence of mistreatment in prison. However, it is important to note that the Embassy cannot get an individual released from custody simply because he/she is a U.S. citizen. Finally, the consular officer can request prison officials to arrange medical care using the prisoner’s funds or after making contact with the prisoner’s family, set up a trust or loan so that the prisoner can purchase toiletries or other necessities while he or she is detained.
Q: I’m a U.S. citizen living in Guyana. Tax time will be approaching in a few short months and I would like to clarify something that was never really explained to me about taxes. I have been back in Guyana for the past couple of years paying income tax here. As a U.S. citizen, am I required to file a tax return in the United States or am I exempt because I am paying taxes to the Government of Guyana?
All U.S. citizens, regardless of the country of residence or birth, are required to file an income tax return with the Internal Revenue Service (IRS) of the United States. It is a common misconception that U.S. citizens living abroad are exempt from filing an income tax return with Uncle Sam. While there are a few exceptions whereby a U.S. citizen abroad might not have to pay U.S. income tax, most people are not covered by those exceptions. It is possible that an U.S. citizen overseas might qualify for the foreign earned income exclusion based on his/her individual circumstances. U.S. citizens living outside the United States are encouraged to contact the IRS directly for more detailed information. The IRS can be contacted by way of the individual tax help hotline, 1-800-829-1040 or through their website www.irs.gov where publications and forms can be downloaded.
Q: I was born in Guyana, but I’m now a U.S. citizen. I plan to stay here for an open-ended period of time. Someone from the U.S. Embassy asked me if I was registered. What does that mean and why should I register?
By registering with the US Embassy, a US citizen informs the consular section of his/her arrival and stay in Guyana. In the old days, US citizens traveling abroad were encouraged to visit the U.S. Embassy, in person, to register their stay by filling out a registration card. Nowadays, US citizens overseas can save themselves a trip to the Embassy by registering online at the Department of State website at https://travelregistration.state.gov/ibrs/ui/
There are several reasons for registering. If there is an emergency, civil disturbance, or impending danger about which U.S. citizens must be alerted, the consular section needs to be able to communicate with U.S. citizens in Guyana quickly. Moreover, if there is a natural disaster that would require the evacuation of U.S. citizens, the registration system allows the consular section to identify more quickly those U.S. citizens in need of services. When a citizen registers with the U.S. Embassy, it is easier for the consular staff to follow up with services in the event that citizen encounters trouble or needs assistance.
Q: I would like to vote in the Presidential election next year. What do I need to do?
The Department of State encourages all U.S. citizens abroad to exercise their right to vote. You can register to vote by absentee ballot by visiting the following website, www.fvap.gov, and downloading and completing a postcard to mail in to your local election official. Your district will then mail an absentee ballot to the address you provide. The website also contains a state-by-state reference guide with the timelines by which you must register.
Q: I need to renew my passport. Do you still have those long delays? How soon do I need to come in to have it renewed? I don’t want to cancel my trip in the spring next year because my passport hasn’t made it back yet.
It normally takes about two weeks to renew your U.S. passport. This year there was an unusual situation. It took longer because of the Western Hemisphere Travel Initiative (WHTI), which requires all US citizens traveling to Canada, Mexico, and the Caribbean to be in possession of a valid U.S. passport. This initiative flooded passport offices in the United States with more requests than they ordinarily receive thereby causing a considerable delay. This year, the WHTI affected air travel; but next year, the WHTI will be implemented at all land crossings along the Canadian and Mexican borders so it is likely that demand for U.S. passports will significantly increase again.
You do not have to wait until your passport is expired in order to renew. If you are planning an important trip next year and your passport has less than six months remaining validity, you can renew now in order to be assured that your new passport is processed in time for your travel.
“Ask the Consul” is a bi-weekly column from the U.S. Embassy answering questions about U.S. immigration law and visa issues. If you have a general question about visa policy please email it to us at AskGeorge@state.gov. We select questions every other week and publish the answers in Stabroek News and on our website at http://georgetown.usembassy.gov/guyana/ask_con.html. For more information about visas please see http://www.unitedstatesvisas.gov or http://georgetown.usembassy.gov/.
Other than the questions we select, we DO NOT respond to questions sent to Ask the Consul. Please contact the visa inquiries unit (email visageorge@state.gov or call 225-7965 between 8 am and 4 pm Monday through Friday) if you have questions about a specific case.
