U.S. Citizen Services
NEW IRS FORM FOR OVERSEAS TAXPAYERS
Form 8938 (Statement of Specified Foreign Financial Assets)
The Form 8938 (Statement of Specified
Foreign Financial Assets) should be filed by taxpayers with
specific types and amounts of foreign financial assets or
foreign accounts. It is important for taxpayers to determine
whether they are subject to this new requirement because the
law imposes significant penalties for failing to comply.
Form 8938, the instructions, regulations implementing this new
foreign asset report, and other information to help taxpayers
determine if they are required to file Form 8938 is available
on the web at:
The American Citizen Services (ACS) Unit of the Consular Section assists American citizens in Belgium. Among other things, the unit provides passport services, registers the birth of children, assists with Federal Benefits, offers notary services, gives information on voting, and provides information to Americans visiting and residing in Belgium. All of these services are available at the Consular Section by appointment.
Online Appointment System For ACS
Appointments are required for all public services. No walk-in service is available. This new system greatly reduces your wait time at the Embassy and increases our efficiency. Please schedule a separate appointment for each applicant and for each service after you have completely read the information on our website related to the public service you need.
To reduce your wait time, please fill out all official application forms and paperwork online in advance and bring them with you to your appointment. You may download the most commonly used application forms here:
The ACS Unit also provides emergency assistance to American citizens in distress: when an American is destitute, arrested, separated from minor children, or sick. In an emergency, the Embassy Duty Officer can be reached at any time.
The information on this website is designed to help you understand the services we can offer and to provide some useful information which may help you during your stay, be it long or short, in Belgium.
The ACS unit will NOT be able to answer questions about visas.
Use the links on the left for more information about our services.
Online appointments are mandatory for all public services. Walk-in service is no longer available except for emergency replacement of lost/stolen passports with immediate travel.
Renouncing US citizenship
For renouncing your citizenship, please make an appointment for additional visa pages on Embassy's appointment system.
A. THE IMMIGRATION & NATIONALITY ACT
Section 349(a)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. 1481(a)(5)) is the section of law that governs the ability of a United States citizen to renounce his or her U.S. citizenship. That section of law provides for the loss of nationality by voluntarily performing the following act with the intent to relinquish his or her U.S. nationality:
"(5) making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state , in such form as may be prescribed by the Secretary of State" (emphasis added).
B. ELEMENTS OF RENUNCIATION
A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to renounce U.S. citizenship:
1.appear in person before a U.S. consular or diplomatic officer,
2.in a foreign country (at a U.S. Embassy or Consulate); and
3.sign an oath of renunciation.
Renunciations that do not meet the conditions described above have no legal effect. Because of the provisions of section 349(a)(5), Americans cannot effectively renounce their citizenship by mail, through an agent, or while in the United States. In fact, U.S. courts have held certain attempts to renounce U.S. citizenship to be ineffective on a variety of grounds, as discussed below.
C. REQUIREMENT - RENOUNCE ALL RIGHTS AND PRIVILEGES
In the case of Colon v. U.S. Department of State , 2 F.Supp.2d 43 (1998), plaintiff was a United States citizen and resident of Puerto Rico, who executed an oath of renunciation before a consular officer at the U.S. Embassy in Santo Domingo. The U.S. District Court for the District of Columbia rejected Colon’s petition for a writ of mandamus directing the Secretary of State to approve a Certificate of Loss of Nationality in the case because the plaintiff wanted to retain one of the primary benefits of U.S. citizenship while claiming he was not a U.S. citizen. The Court described the plaintiff as a person, "claiming to renounce all rights and privileges of United States citizenship, [while] Plaintiff wants to continue to exercise one of the fundamental rights of citizenship, namely to travel freely throughout the world and when he wants to, return and reside in the United States." See also Jose Fufi Santori v. United States of America , 1994 U.S. App. LEXIS 16299 (1994) for a similar case.
A person who wants to renounce U.S. citizenship cannot decide to retain some of the privileges of citizenship, as this would be logically inconsistent with the concept of renunciation. Thus, such a person can be said to lack a full understanding of renouncing citizenship and/or lack the necessary intent to renounce citizenship, and the Department of State will not approve a loss of citizenship in such instances.
D. DUAL NATIONALITY / STATELESSNESS
Persons intending to renounce U.S. citizenship should be aware that, unless they already possess a foreign nationality, they may be rendered stateless and, thus, lack the protection of any government. They may also have difficulty traveling as they may not be entitled to a passport from any country. Even if they were not stateless, they would still be required to obtain a visa to travel to the United States, or show that they are eligible for admission pursuant to the terms of the Visa Waiver Pilot Program (VWPP). If found ineligible for a visa or the VWPP to come to the U.S., a renunciant, under certain circumstances, could be barred from entering the United States. Nonetheless, renunciation of U.S. citizenship may not prevent a foreign country from deporting that individual back to the United States in some non-citizen status.
E. TAX & MILITARY OBLIGATIONS /NO ESCAPE FROM PROSECUTION
Also, persons who wish to renounce U.S. citizenship should also be aware that the fact that a person has renounced U.S. citizenship may have no effect whatsoever on his or her U.S. tax or military service obligations (contact the Internal Revenue Service or U.S. Selective Service for more information). In addition, the act of renouncing U.S. citizenship will not allow persons to avoid possible prosecution for crimes which they may have committed in the United States, or escape the repayment of financial obligations previously incurred in the United States or incurred as United States citizens abroad.
F. RENUNCIATION FOR MINOR CHILDREN
Parents cannot renounce U.S. citizenship on behalf of their minor children. Before an oath of renunciation will be administered under Section 349(a)(5) of the INA, a person under the age of eighteen must convince a U.S. diplomatic or consular officer that he/she fully understands the nature and consequences of the oath of renunciation, is not subject to duress or undue influence, and is voluntarily seeking to renounce his/her U.S. citizenship.
G. IRREVOCABILITY OF RENUNCIATION
Finally, those contemplating a renunciation of U.S. citizenship should understand that the act is irrevocable, except as provided in section 351 of the INA (8 U.S.C. 1483), and cannot be canceled or set aside absent successful administrative or judicial appeal. (Section 351(b) of the INA provides that an applicant who renounced his or her U.S. citizenship before the age of eighteen can have that citizenship reinstated if he or she makes that desire known to the Department of State within six months after attaining the age of eighteen. See also Title 22, Code of Federal Regulations, section 50.20).
Renunciation is the most unequivocal way in which a person can manifest an intention to relinquish U.S. citizenship. Please consider the effects of renouncing U.S. citizenship, described above, before taking this serious and irrevocable action.
For more information on how to renounce your U.S. Citizenship, please use the contact information below:
Hours & Appointments
Bd du Regentlaan 25
Call-in hours :
Mo - Thu : 8.00 a.m. - 12.30 p.m.
Fri : 1.30 p.m. - 3.30 p.m.
Schedule your appointment now
(a separate appointment per applicant
and per service is required)
No appointment required for pick-ups.
How to get into the Embassy
PLEASE do not bring mobile phones or electronic devices, such as Blackberries, iPods or PDA, nor large bags. They are not allowed within the Embassy.