Dual citizen, USA passport expiring, how to travel internationally

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Cubicle
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by Cubicle » Tue May 19, 2020 11:39 pm

snowman wrote:
Tue May 19, 2020 12:43 pm
Can you provide an update when you get it? I am wondering how it went at the office, which in your OP you said is currently open to only life and death situations. If I remember correctly, one needs to make an appointment - was he able to secure one? Or is that no longer necessary?
fogalog wrote:
Tue May 19, 2020 4:59 pm
I would love to hear an update on this if you don't mind. I cannot find an open in-person acceptance facility (for renewing a passport for a minor). As far as I can tell they are all closed.

So for life or death, you need to go to a Passport Agency.
https://travel.state.gov/content/travel ... ncies.html

But an Acceptance Facility may be open. For applications that cannot be renewed by mail.
https://iafdb.travel.state.gov/DefaultForm.aspx

This link (https://travel.state.gov/content/travel ... id-19.html) says:
Item #7:
USA State Department wrote:7. Can I apply in person now?

Yes. However, unless you have a life-or-death emergency, please wait until we resume normal operations to apply for your passport.

If you need to apply in person (all children under age 16 and first-time applicants), you can apply at acceptance facilities which include post offices, clerk of courts, and libraries. Please contact your local acceptance facility to confirm if it is open or closed. If you want to apply at a post office, you will need to make an appointment directly on the USPS.com website.
For my family member, they are waiting to speak to someone at the local municipal building. But I'm not sure why they didn't yet go to a USPS Post Office. Several near us are open, & accepting appointments; this week is wide open. I will scold them tomorrow.

https://www.usps.com/international/passports.htm

So as long as you can give up the identity documents for possibly several months, you can submit the renewal application.
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BL
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by BL » Wed May 20, 2020 1:59 am

Just for a point of reference, I applied by mail end of February. I did got to the website and learned they recognized me, gave a status update, and had me verify my email address. Hopefully they are well along in the process by now, but I am not holding my breath waiting. That is what I get for procrastinating the sending when all the parts were gathered together last Summer! I did have various good and not good events in the interim but still no real excuse. At least I don't have a trip planned.

snowman
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by snowman » Wed May 20, 2020 10:13 am

mptfan wrote:
Tue May 19, 2020 3:01 pm
snowman wrote:
Sun May 17, 2020 12:42 pm
I don't know the answer to that, mostly because I never tried. The rules are very clear though. Just thinking through the process, I don't know how you would leave the country to begin with. The agent will ask for US passport, and you will say I don't have it, but here is an alternative "SA" passport. That's a no-go if you are a US citizen, not sure what the protocol is when that happens.
...
So the question becomes what happens to this individual who broke the law leaving the country on a foreign passport when trying to re-enter and claiming they are US citizen without valid US passport. I don't know, but I would not want to find out personally. I would not risk it at all! Clearly, the obvious choice here is no travel due to Covid-19, but that option was ruled out by OP. So the only realistic choice here is to apply immediately, then hope it gets here on time, then hope you can actually travel...
I'm glad you started out by acknowledging that you do not know the answer and you have never tried, because I have done it and most of what you wrote is simply wrong.

First, when you check in to leave the U.S. it's not true that "the agent will ask for a US passport." In my experience, the agent will ask for a passport, but it does not have to be a U.S. passport. There are many situations where people leave the U.S. without presenting a U.S. passport to the airline agent...tourists returning home, U.S. residents who are foreign citizens...and U.S. citizens who are dual citizens travelling to their second country of citizenship and present their passport from their second country of citizenship. I am a dual citizen and I have done this many times, I have presented my passport from my second country of citizenship to the ticket agent upon leaving the U.S. and travelling to my second country of citizenship while keeping my U.S. passport in my pocket and there was no issue. If you have a passport that shows you are a citizen of the country to which you are travelling, there is no issue. I don't know why you think that is a "no-go if you are a U.S. citizen." It is not. I don't even know how the ticket agent would know that I am a U.S. citizen in that situation.

You also suggested someone breaks the law by leaving the U.S. on a foreign passport and re-enters the U.S. claiming to be a U.S. citizen. In another post you also wrote "If you are a US citizen, you have to leave the country with a valid US passport." I don't know the source of any of the information you are presenting but I have left the U.S. without presenting a U.S. passport and I have presented my U.S. passport upon my return with no issue, and I am unaware of any law that prohibits it. Even if there is such a law (and I doubt there is) it is not enforced.
I don’t even know where to begin, mptfan. Is following the law of the country that adopted me really wrong? The entire premise of my responses in this thread is based on the law, and all I said was that I don’t know what the consequences are if one breaks it, and that I would not want to find out either myself, or through my 18-year old kid (OP’s situation). The relevant point in your post is that you broke the law multiple times, and there were no negative consequences to you. That’s good to know, as it appears leaving the country unlawfully is not strictly enforced. However, does that really mean that I am wrong, and that it’s OK for this 18-year old to attempt doing the same as you?

The law that you are unaware of and doubt it even exists, has already been cited by another poster upthread. Here it is again, word for word:

8 U.S. Code § 1185.Travel control of citizens and aliens
(b)Citizens
Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.

And this is what OP posted in his first post:

“USA State Department wrote:
U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport to travel to or from a country other than the United States is not inconsistent with U.S. law.
^^^ The bold was not mine. That is the State Department's emphasis.”

I am a dual national myself, and I would never attempt to leave the country with the US passport in my pocket, while presenting different passport to the ticket agent. Why do that? Just to see if I can? And if I can, then hope the entire time abroad that there will be no negative consequences upon my return to the US? Again – what’s the point of doing that?

I still remember when I first applied for the US passport after becoming naturalized citizen. I made an appointment, went to the office, and had a nice chat with the officer behind the glass while she was checking my paperwork. I asked her what the rules are for traveling abroad since I am a dual citizen and still have a valid passport from my native country. She said something like “you must use US passport when leaving or coming back to the US, it’s the law; beyond that, we don’t really care which passport you use”. It stuck with me all these years.

Slowtraveler
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by Slowtraveler » Wed May 20, 2020 10:23 am

Apply now, you have time.

Otherwise, there are 2 separate processes. Exit and entrance. You need a valid passport that can enter the country you intend to go to visa wise. You show this for your boarding pass and to enter a country. Use your US passport just to pass entrance and exit immigration in USA. Otherwise, use the other. Also, there's US consulates in many countries where you can renew your passport.

as9
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by as9 » Wed May 20, 2020 10:51 am

I have dual citizenship and once woke up on the morning of a business trip to London to find that my US passport was expired. I left the US with my other passport in the hopes that I'd be able to get an embassy appointment while I was there (5 days), but no such luck. Not an enjoyable trip as I was stressed out about it the whole time, especially as it was less than two weeks before Christmas.

On the trip home I went to check-in at a kiosk and got an error that set off a red siren. I explained what happened while also playing a little dumb. The person disappeared with my passports. Over the next 20-30 minutes multiple people came to talk to me (maybe to see if my story changed? I don't know) and asked additional questions. Eventually a more senior person came out with some paperwork and my passports. They had worked with US customs to get my passport extended by 24 hours so I could fly home with it. They told me in any other airport this would not have been possible -- no idea if that's true or not. Best flight ever -- slept like a baby.

No doubt in my mind this would have gone differently for a lot of people in a lot of different places. Would not recommend. Also, I was "randomly" selected for enhanced search the next three times I flew internationally.

mptfan
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by mptfan » Wed May 20, 2020 10:54 am

snowman wrote:
Wed May 20, 2020 10:13 am
The law that you are unaware of and doubt it even exists, has already been cited by another poster upthread. Here it is again, word for word:

8 U.S. Code § 1185.Travel control of citizens and aliens
(b)Citizens
Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.
That statute requires a citizen to "bear" a U.S. passport when leaving... it does NOT require a citizen to present a U.S. passport to the ticket agent upon leaving. As you said, you cited the statute word for word, and those words are absent. It makes sense to require a U.S. citizen to bear (i.e. carry) his or her passport when leaving the country so they can easily prove their citizenship upon return. Therefore, if I bear my U.S. passport in my pocket while leaving the country I am in compliance with that statute even if I do not present the passport to the ticket agent and your claim that I broke the law is without merit. I said that I doubt any such law exists that requires me to present my U.S. passport to the ticket agent upon departure and I continue to doubt that such a law exists.

As for the reference in the OP's first post to what the "USA State Department" wrote, I don't see a link to where that quote came from so I can't evaluate the credibility of the source. I note that the state department is referred to in official publications as the "U.S. Department of State."

https://travel.state.gov/content/travel ... ports.html

I have not seen it referred to as "USA State Department," and given the lack of a citation or link to where that quote came from, I remain skeptical of the source of that quote and I strongly suspect the source does not carry the force of law.
Last edited by mptfan on Wed May 20, 2020 2:45 pm, edited 3 times in total.

mptfan
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by mptfan » Wed May 20, 2020 1:26 pm

snowman wrote:
Wed May 20, 2020 10:13 am
I am a dual national myself, and I would never attempt to leave the country with the US passport in my pocket, while presenting different passport to the ticket agent. Why do that? Just to see if I can? And if I can, then hope the entire time abroad that there will be no negative consequences upon my return to the US? Again – what’s the point of doing that?
As a dual national you do not need a reason to choose either passport because you have an equal right to use either passport and you do not need to justify choosing one over the other if there is no penalty or disadvantage for doing so. But to answer your question, there are situations where a dual U.S. citizen would benefit from doing it... consider someone who is a dual U.S. citizen and Indian citizen and who is leaving the U.S. to travel to India. U.S. citizens need to get a visa to visit India, but a dual Indian citizen does not, so it would benefit them to avoid the hassle and expense of getting an unecessary visa and instead present their Indian passport to the ticket agent when departing the U.S. for India. And upon their return to the U.S. they would present their U.S. passport.

mptfan
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by mptfan » Wed May 20, 2020 2:35 pm

Slowtraveler wrote:
Wed May 20, 2020 10:23 am
Use your US passport just to pass entrance and exit immigration in USA. Otherwise, use the other.
What is "exit immigration in USA?" Exit immigration sounds like an oxymoron, and you don't go through U.S. immigration when leaving the U.S..

seawolf21
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by seawolf21 » Wed May 20, 2020 3:54 pm

mptfan wrote:
Wed May 20, 2020 2:35 pm
Slowtraveler wrote:
Wed May 20, 2020 10:23 am
Use your US passport just to pass entrance and exit immigration in USA. Otherwise, use the other.
What is "exit immigration in USA?" Exit immigration sounds like an oxymoron, and you don't go through U.S. immigration when leaving the U.S..
US "exit" immigration formality is conducted by air carrier by producing and transmitting a passenger manifest with passport information to CBP 60 minutes prior to departure (19 CFR § 4.64). Unless a passenger detail match up to person of interest, this formality is invisible to passengers.

TravelGeek
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by TravelGeek » Wed May 20, 2020 4:24 pm

mptfan wrote:
Wed May 20, 2020 10:54 am
That statute requires a citizen to "bear" a U.S. passport when leaving... it does NOT require a citizen to present a U.S. passport to the ticket agent upon leaving.
The OP's relative would be "bearing" an expired US passport.
mptfan wrote:
Wed May 20, 2020 2:35 pm
Slowtraveler wrote:
Wed May 20, 2020 10:23 am
Use your US passport just to pass entrance and exit immigration in USA. Otherwise, use the other.
What is "exit immigration in USA?" Exit immigration sounds like an oxymoron, and you don't go through U.S. immigration when leaving the U.S..
It depends...

The US government tracks who is leaving the country based on data from the airlines. Based on reports here from others, it seems they don't currently care if a passport "used" to leave the country was never used to enter the country. Perhaps, in the case of dual nationals, they have even managed to tie the two passports together into one person record based on name, DoB, ...

Over the last ten or so years I have encountered a few cases where US CBP officers were doing checks at the departure gate (in the jetway). I don't recall where I was going; there are threads on FT that claim they are looking for people taking piles of cash out of the country without having declared it.

During my last two trips to Europe from SEA (Nov 2019 and Feb 2020) there were biometric face recognition devices staffed by US immigration officials set up at the departure gate that everyone had to go through. This has been work in progress for a while.

student
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by student » Wed May 20, 2020 4:52 pm

I think there is a way to do it without a US passport. You fly to Mexico and then enter the US by land using an enhanced driver's license if your state issues one, assuming that it is easier to get an enhanced driver license. https://www.us-passport-service-guide.c ... cense.html

Slowtraveler
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by Slowtraveler » Wed May 20, 2020 5:04 pm

Maybe I got the name wrong but every time I leave a country, there is a person who looks at your passport for entry stamps and gives you an exit stamp. This is the exit I am referring to.

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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by EddyB » Wed May 20, 2020 5:48 pm

Slowtraveler wrote:
Wed May 20, 2020 5:04 pm
Maybe I got the name wrong but every time I leave a country, there is a person who looks at your passport for entry stamps and gives you an exit stamp. This is the exit I am referring to.
When you exit the US?

Slowtraveler
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by Slowtraveler » Wed May 20, 2020 5:52 pm

EddyB wrote:
Wed May 20, 2020 5:48 pm
Slowtraveler wrote:
Wed May 20, 2020 5:04 pm
Maybe I got the name wrong but every time I leave a country, there is a person who looks at your passport for entry stamps and gives you an exit stamp. This is the exit I am referring to.
When you exit the US?
It's been a while. I can't imagine there is absolutely nobody who does a passport check when you leave the country. Otherwise, how would they know passengers didn't overstay visa? My gf says they just glanced at her passport when we left her home country to travel to other countries so maybe I'm wrong here. Maybe they just see you have a US passport and don't even read, just look at the picture and scan it.

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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by TravelGeek » Wed May 20, 2020 6:40 pm

Slowtraveler wrote:
Wed May 20, 2020 5:52 pm

It's been a while. I can't imagine there is absolutely nobody who does a passport check when you leave the country. Otherwise, how would they know passengers didn't overstay visa? My gf says they just glanced at her passport when we left her home country to travel to other countries so maybe I'm wrong here. Maybe they just see you have a US passport and don't even read, just look at the picture and scan it.
There is generally no US government official looking at your passport when you depart the US. That is different from many other countries. I outlined some exceptions in a post earlier today, but current standard practice is no in person exit passport check.

Part of the problem with implementing such checks is the layout of US airports. There generally are no true international terminals for flights departing the US, with a single place to implement a physical checkpoint.

As mentioned above, the airline will request your passport data and submit that to the government. In most cases, that allow the government to reconcile the entry and departure records and calculate whether an alien overstayed their approved time in the country.

The airline also needs to have the passport (and any visa or permits you may have) data to verify whether you are actually going to be admitted into the destination country. They will not transport you if they determine that you will be rejected because then they are responsible for fines and the cost of transporting you back.

student
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by student » Wed May 20, 2020 6:59 pm

TravelGeek wrote:
Wed May 20, 2020 6:40 pm
There is generally no US government official looking at your passport when you depart the US. That is different from many other countries. I outlined some exceptions in a post earlier today, but current standard practice is no in person exit passport check.
This is my experience too. No government official checking passport when leaving the country.

clip651
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by clip651 » Wed May 20, 2020 9:34 pm

mptfan wrote:
Wed May 20, 2020 1:26 pm
snowman wrote:
Wed May 20, 2020 10:13 am
I am a dual national myself, and I would never attempt to leave the country with the US passport in my pocket, while presenting different passport to the ticket agent. Why do that? Just to see if I can? And if I can, then hope the entire time abroad that there will be no negative consequences upon my return to the US? Again – what’s the point of doing that?
As a dual national you do not need a reason to choose either passport because you have an equal right to use either passport and you do not need to justify choosing one over the other if there is no penalty or disadvantage for doing so. But to answer your question, there are situations where a dual U.S. citizen would benefit from doing it... consider someone who is a dual U.S. citizen and Indian citizen and who is leaving the U.S. to travel to India. U.S. citizens need to get a visa to visit India, but a dual Indian citizen does not, so it would benefit them to avoid the hassle and expense of getting an unecessary visa and instead present their Indian passport to the ticket agent when departing the U.S. for India. And upon their return to the U.S. they would present their U.S. passport.
Another dual citizen here. I agree that there are reasons to show one passport on the way in and another on the way out, though it's been a while now since I've crossed international borders, so my experience is dated.

When I first became dual, the border agents at land crossings would ask for citizenship and then ask to see ID. In the beginning, I tried telling them I was dual, mentioning both countries, and offered to show both - agent got a bit irritated, so I asked how a dual was supposed to answer that question. I was advised at the time to show the ID for the country I was entering if traveling between the two countries where I have citizenship. Then they don't have to worry about travel visas, how long the visit will be, etc, for the country being entered.

As others in this thread have mentioned, though, I'd still advise getting the US passport updated prior to traveling outside the US. Simplest to know you have it ready to go for the return trip.

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Cubicle
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by Cubicle » Wed May 20, 2020 11:44 pm

mptfan wrote:
Wed May 20, 2020 10:54 am
As for the reference in the OP's first post to what the "USA State Department" wrote, I don't see a link to where that quote came from so I can't evaluate the credibility of the source. I note that the state department is referred to in official publications as the "U.S. Department of State."
I always refer to anything regarding the United States of America as USA. Regardless of how it should be properly referenced.
U.S. Department of State wrote:U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States.
https://travel.state.gov/content/travel ... ality.html
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mptfan
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by mptfan » Thu May 21, 2020 8:01 am

Cubicle wrote:
Wed May 20, 2020 11:44 pm
U.S. Department of State wrote:U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States.
https://travel.state.gov/content/travel ... ality.html
That is a reference to advice published by the Department of State Office of the Legal Advisor. The office of the legal advisor publishes advice on various topics in an attempt to aid in the interpretation of the various laws.

The Office of the Legal Adviser furnishes advice on all legal issues, domestic and international, arising in the course of the Department's work.

https://www.state.gov/bureaus-offices/b ... l-adviser/

The Office of the Legal Advisor published advice under the heading "Advice about possible loss of U.S. Nationality and Dual Nationality...Dual Nationality" and advised "U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport to travel to or from a country other than the United States is not inconsistent with U.S. law."

This is advice provided by lawyers from the Office of the Legal Advisor, it is not law. Laws are statutes that are passed by Congress and signed into law by the President. Someone can be charged with violating a statute, but no one can be charged or penalized for failing to follow "advice" issued by agency legal advisors no matter how well meaning (or self serving to the agency) the advice may be. And when reading advice from agency lawyers one should bear in mind that often times federal agencies interpret laws in a way that is self serving and expands their power, and agencies are sometimes checked by the courts for doing that. This is a well known principle of our legal system that was reiterated by the Supreme Court in 2015 in Department of Homeland Security v. MacLean when it held that agency rules and regulations do not have the force of law.

https://www.scotusblog.com/case-files/c ... v-maclean/

Legal advisor advice carries even less weight than agency rules and regulations because they represent the opinions of potentially one agency lawyer and did not go through the process of being promulgated as rules and regulations. Federal agencies have to publish proposed rules and regulations in the federal register and solicit public comments and there is a process by which they are approved by the head of the agency and are then published in the Code of Federal Regulations. Advice that is offered by the Office of the Legal Advisor does not go through this process, so you should be very careful about reading legal advisor advice and citing it as if it has the force of law because it does not. If you want to know what the law says you have to review the text of the statutes that were passed by Congress and signed by the President. And the relevant statute in this case is 8 U.S.C. 1185 which says...

Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.

The law does not say that U.S. citizens must "use" a passport to enter and leave the United States, it says a citizen must "bear" a valid United States passport. That is different. The advice provided by the Office of the Legal Advisor seeks to interpret that statute in an expansive way to expand the agency's authority and powers, but the self serving interpretation is not law.
Last edited by mptfan on Thu May 21, 2020 9:46 am, edited 6 times in total.

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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by galawdawg » Thu May 21, 2020 8:22 am

Good grief. What is all this "debate" about? As I mentioned much earlier in the thread, 8 USC 1185 provides in pertinent part that "it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport." (emphasis added)

Federal law requires that OP's family member have a valid US passport to enter or depart the US (unless he is eligible to enter or leave under the Western Hemisphere Travel Initiative (WHTI), which applies to entry by land and by sea on closed loop cruises). So unless he travels by land to South America or by closed loop cruise, the family member will need to apply for and receive a valid US passport before traveling. It is that simple. All of this other discussion about exploiting loopholes or exceptions, whether the law is "actually enforced", whether the US passport needs to be "shown" on departure, or whether the information on the State Department's website has the force of law, rule or regulation, is irrelevant to OP's inquiry.

Again, not to restate the obvious, but unless the WHTI applies, "it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport". Advice to the contrary is a suggestion that OP's family member violate the law, which is a disservice to OP's family member and probably frowned upon here on Bogleheads.

mptfan
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by mptfan » Thu May 21, 2020 8:27 am

galawdawg wrote:
Thu May 21, 2020 8:22 am
Good grief. What is all this "debate" about?
The debate is in response to the assertion that it is illegal for a U.S. citizen to depart the U.S. without presenting a U.S. passport to the ticket agent. And the further assertion that any suggestion to do otherwise was illegal and therefore frowned upon by the forum rules.
Last edited by mptfan on Thu May 21, 2020 9:47 am, edited 1 time in total.

EddyB
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Re: Dual citizen, USA passport expiring, how to travel internationally

Post by EddyB » Thu May 21, 2020 8:34 am

galawdawg wrote:
Thu May 21, 2020 8:22 am
Good grief. What is all this "debate" about? As I mentioned much earlier in the thread, 8 USC 1185 provides in pertinent part that "it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport." (emphasis added)

Federal law requires that OP's family member have a valid US passport to enter or depart the US (unless he is eligible to enter or leave under the Western Hemisphere Travel Initiative (WHTI), which applies to entry by land and by sea on closed loop cruises). So unless he travels by land to South America or by closed loop cruise, the family member will need to apply for and receive a valid US passport before traveling. It is that simple. All of this other discussion about exploiting loopholes or exceptions, whether the law is "actually enforced", whether the US passport needs to be "shown" on departure, or whether the information on the State Department's website has the force of law, rule or regulation, is irrelevant to OP's inquiry.

Again, not to restate the obvious, but unless the WHTI applies, "it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport". Advice to the contrary is a suggestion that OP's family member violate the law, which is a disservice to OP's family member and probably frowned upon here on Bogleheads.
I don’t think there’s been any debate over that. But, as is often the case here, issues other than those questions that were posed in the OP have come up. One was whether a holder of valid passports from the US and another nation must present (not only “bear”) the US passport for exit from the US. Next, we’ll talk about the fact that the cited law doesn’t even require a US citizen to present the US passport at entry to the US. I’m also looking forward to a non-citizen US national who also holds a passport from another nation asking whether he or she is even required to bear a US passport when entering or departing the US.

mptfan
Posts: 6045
Joined: Mon Mar 05, 2007 9:58 am

Re: Dual citizen, USA passport expiring, how to travel internationally

Post by mptfan » Thu May 21, 2020 9:26 am

EddyB wrote:
Thu May 21, 2020 8:34 am
Next, we’ll talk about the fact that the cited law doesn’t even require a US citizen to present the US passport at entry to the US.
That is true, but it does make in unlawful to enter or attempt to enter the U.S. without bearing a U.S. passport. I should also note there is a list of exceptions in the federal regulations:

22 CFR § 53.2 Exceptions.
(a) U.S. citizens, as defined in § 41.0 of this chapter, are not required to bear U.S. passports when traveling directly between parts of the United States as defined in § 51.1 of this chapter.

(b) A U.S. citizen is not required to bear a valid U.S. passport to enter or depart the United States:

(1) When traveling as a member of the Armed Forces of the United States on active duty and when he or she is in the uniform of, or bears documents identifying him or her as a member of, such Armed Forces, when under official orders or permit of such Armed Forces, and when carrying a military identification card; or

(2) When traveling entirely within the Western Hemisphere on a cruise ship, and when the U.S. citizen boards the cruise ship at a port or place within the United States and returns on the return voyage of the same cruise ship to the same United States port or place from where he or she originally departed. That U.S. citizen may present a government-issued photo identification document in combination with either an original or a copy of his or her birth certificate, a Consular Report of Birth Abroad issued by the Department, or a Certificate of Naturalization issued by U.S. Citizenship and Immigration Services before entering the United States; if the U.S. citizen is under the age of 16, he or she may present either an original or a copy of his or her birth certificate, a Consular Report of Birth Abroad issued by the Department, or a Certificate of Naturalization issued by U.S. Citizenship and Immigration Services; or

(3) When traveling as a U.S. citizen seaman, carrying an unexpired Merchant Marine Document (MMD) in conjunction with maritime business. The MMD is not sufficient to establish citizenship for purposes of issuance of a United States passport under part 51 of this chapter; or

(4) Trusted traveler programs -

(i) NEXUS Program. When traveling as a participant in the NEXUS program, he or she may present a valid NEXUS program card when using a NEXUS Air kiosk or when entering the United States from contiguous territory or adjacent islands at a land or sea port-of-entry. A U.S. citizen who enters the United States by pleasure vessel from Canada under the remote inspection system may also present a NEXUS program card;

(ii) FAST program. A U.S. citizen who is traveling as a participant in the FAST program may present a valid FAST card when entering the United States from contiguous territory or adjacent islands at a land or sea port-of-entry;

(iii) SENTRI program. A U.S. citizen who is traveling as a participant in the SENTRI program may present a valid SENTRI card when entering the United States from contiguous territory or adjacent islands at a land or sea port-of-entry; The NEXUS, FAST, and SENTRI cards are not sufficient to establish citizenship for purposes of issuance of a U.S. passport under part 51 of this chapter; or

(5) When arriving at land ports of entry and sea ports of entry from contiguous territory or adjacent islands, Native American holders of American Indian Cards (Form I-872) issued by U.S. Citizenship and Immigration Services (USCIS) may present those cards; or

(6) When arriving at land or sea ports of entry from contiguous territory or adjacent islands, U.S. citizen holders of a tribal document issued by a United States qualifying tribal entity or group of United States qualifying tribal entities as provided in 8 CFR 235.1(e) may present that document. Tribal documents are not sufficient to establish citizenship for purposes of issuance of a United States passport under part 51 of this chapter; or

(7) When bearing documents or combinations of documents the Secretary of Homeland Security has determined under Section 7209(b) of Public Law 108-458 (8 U.S.C. 1185 note) are sufficient to denote identity and citizenship. Such documents are not sufficient to establish citizenship for purposes of issuance of a U.S. passport under part 51 of this chapter; or

(8) When the U.S. citizen is employed directly or indirectly on the construction, operation, or maintenance of works undertaken in accordance with the treaty concluded on February 3, 1944, between the United States and Mexico regarding the functions of the International Boundary and Water Commission (IBWC), TS 994, 9 Bevans 1166, 59 Stat. 1219, or other related agreements, provided that the U.S. citizen bears an official identification card issued by the IBWC and is traveling in connection with such employment; or

(9) When the Department of State waives, pursuant to EO 13323 of December 30, 2003, Section 2, the requirement with respect to the U.S. citizen because there is an unforeseen emergency; or

(10) When the Department of State waives, pursuant to EO 13323 of December 30, 2003, Sec 2, the requirement with respect to the U.S. citizen for humanitarian or national interest reasons; or

(11) When the U.S. citizen is a child under the age of 19 arriving from contiguous territory in the following circumstances:

(i) Children under age 16. A United States citizen who is under the age of 16 is permitted to present either an original or a copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Certificate of Naturalization issued by U.S. Citizenship and Immigration Services when entering the United States from contiguous territory at land or sea ports-of-entry; or

(ii) Groups of children under age 19. A U.S. citizen who is under age 19 and who is traveling with a public or private school group, religious group, social or cultural organization, or team associated with a youth sport organization may present either an original or a copy of his or her birth certificate, a Consular Report of Birth Abroad, or a Certificate of Naturalization issued by U.S. Citizenship and Immigration Services when arriving in the United States from contiguous territory at all land or sea ports of entry, when the group, organization or team is under the supervision of an adult affiliated with the organization and when the child has parental or legal guardian consent to travel. For purposes of this paragraph, an adult is considered to be a person who is age 19 or older. The following requirements will apply:

(A) The group, organization, or team must provide to CBP upon crossing the border on organizational letterhead:

(1) The name of the group, organization or team, and the name of the supervising adult;

(2) A list of the children on the trip; and

(3) For each child, the primary address, primary phone number, date of birth, place of birth, and the name of at least one parent or legal guardian.

(B) The adult leading the group, organization, or team must demonstrate parental or legal guardian consent by certifying in the writing submitted in paragraph (b)(11)(ii)(A) of this section that he or she has obtained for each child the consent of at least one parent or legal guardian.

(C) The procedure described in this paragraph is limited to members of the group, organization, or team who are under age 19. Other members of the group, organization, or team must comply with other applicable document and/or inspection requirements found in 8 CFR parts 211, 212, or 235.

[73 FR 18419, Apr. 3, 2008]

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