Jump to content
cacolac323

brand new citizen: Can i leave the country without a passport, and get one at a consulate overseas?

30 posts in this topic

Recommended Posts

I may soon be in a case where I have become a brand new citizen (with oath), but have to immediately leave the country to attend my sister's wedding.

I can leave without a US passport of course but I know I won't be able to return to the country without a US passport (since as a citizen, I could only enter on my US passport at that point)

 

Is it an option to take the original certificate of naturalization and book an appointment at an overseas consulate, in order to file that first time passport application overseas?

I know I may have to wait a couple of weeks (if anything, it seems it may be faster than processing in the US via the US passport agency at the moment), but other than this... can a consulate turn me down?

Many thanks for your guidance

Share this post


Link to post
Share on other sites
25 minutes ago, cacolac323 said:

Is it an option to take the original certificate of naturalization and book an appointment at an overseas consulate, in order to file that first time passport application overseas?

Yes.

https://se.usembassy.gov/u-s-citizen-services/passports/apply-for-a-passport-in-person/ "STEP 2: Submit Evidence of U.S. Citizenship" tab

 

If you are applying for a passport for the first time, you may submit one of the following:

Share this post


Link to post
Share on other sites

It would probably be easier to postpone the oath ceremony until after the trip. What if the embassy/country where you are going closes down again for the rumored “second wave” of COVID-19 whilst you are there? You don’t want to be stressed about how to get a passport from a closed embassy.

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Share this post


Link to post
Share on other sites
13 minutes ago, JFH said:

What if the embassy/country where you are going closes down again for the rumored “second wave” of COVID-19 whilst you are there?

Even in the height of the initial wave, American Citizen Services Units were able to issue limited-validity emergency passports for those with imminent travel to the US.

https://web.archive.org/web/20200404033839/https://uk.usembassy.gov/information-for-american-citizens-following-the-coronavirus-covid-19-outbreak/

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Australia
Timeline

Not sure how you plan to leave the country as a USC without a US passport.  The rule I always use is you both leave and enter a country of citizenship with that countries passport.

Share this post


Link to post
Share on other sites
3 hours ago, NotMoreForms said:

Not sure how you plan to leave the country as a USC without a US passport.  The rule I always use is you both leave and enter a country of citizenship with that countries passport.

 

Technically yes, but there's no exit checks in the US.

 

Australia is a different story though, and you would have a big problem trying to leave there without your Aussie passport.

 

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Australia
Timeline

I and my USC wife have had a passport check every time I/we have left the US.  The difference is in the US it is done at the check-in desk, rather than a formal departure checkpoint.  I know they check as my dual nationality kids usually end up having to have both passports checked.

Share this post


Link to post
Share on other sites
17 hours ago, cacolac323 said:

I may soon be in a case where I have become a brand new citizen (with oath), but have to immediately leave the country to attend my sister's wedding.

I can leave without a US passport of course but I know I won't be able to return to the country without a US passport (since as a citizen, I could only enter on my US passport at that point)

 

Is it an option to take the original certificate of naturalization and book an appointment at an overseas consulate, in order to file that first time passport application overseas?

I know I may have to wait a couple of weeks (if anything, it seems it may be faster than processing in the US via the US passport agency at the moment), but other than this... can a consulate turn me down?

Many thanks for your guidance

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.  

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html

 

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Kenya
Timeline
18 hours ago, cacolac323 said:

I may soon be in a case where I have become a brand new citizen (with oath), but have to immediately leave the country to attend my sister's wedding.

I can leave without a US passport of course but I know I won't be able to return to the country without a US passport (since as a citizen, I could only enter on my US passport at that point)

 

Is it an option to take the original certificate of naturalization and book an appointment at an overseas consulate, in order to file that first time passport application overseas?

I know I may have to wait a couple of weeks (if anything, it seems it may be faster than processing in the US via the US passport agency at the moment), but other than this... can a consulate turn me down?

Many thanks for your guidance

If I were you, just take the oath and travel. The contact the embassy to get a passport.

 

5 hours ago, NotMoreForms said:

Not sure how you plan to leave the country as a USC without a US passport.  The rule I always use is you both leave and enter a country of citizenship with that countries passport.

You can leave with a foreign passport and come back with a US one. Happens all the time with people with dual citizenships.

Share this post


Link to post
Share on other sites
6 hours ago, NotMoreForms said:

Not sure how you plan to leave the country as a USC without a US passport.  The rule I always use is you both leave and enter a country of citizenship with that countries passport.

Depends on the country. Each has their own laws.

 

For the US, INA 215(b) says: https://www.law.cornell.edu/uscode/text/8/1185#b

Quote

(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.

So technically it is required to have a US passport to leave.

Can the OP get away with it? Most likely. But is it wise? Well, it would at least be inconsistent with the INA.

I say "inconsistent" as - much like the requirement for an I-864 sponsor to file an I-865 when they move, or that an LPR must always have the green card in their possession - it's not something actively enforced and would probably even survive a legal challenge nowadays IMHO. Although, of course, you would never want it to get that far in the first place.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Share this post


Link to post
Share on other sites
29 minutes ago, geowrian said:

For the US, INA 215(b) says: https://www.law.cornell.edu/uscode/text/8/1185#b

So technically it is required to have a US passport to leave.

"Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe" The President* allows exceptions to the passport requirement; i.e. NEXUS card, Naturalization Certificate, US Birth Certificate, Enhanced Drivers License, etc.

*via DHS, a cabinet department

 

DHS even says the following regarding international travel: "If you were not born in the United States, carrying your valid U.S. passport is your best option to prove your U.S. citizenship. You can also use your original naturalization certificate or certificate of citizenship."

2 hours ago, Zaidba said:

U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States. 

INA 215(b): "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." Also see the first half of this post.

Edited by HRQX

Share this post


Link to post
Share on other sites
54 minutes ago, geowrian said:

it's not something actively enforced

It can't be enforced. INA 215(b) no longer has an associated penalty: http://isaacbrocksociety.ca/2013/05/01/the-history-of-the-requirement-that-u-s-citizens-only-use-u-s-passports-to-enter-the-u-s/ "The punishment for violating the law?" Anyway, for OP's case it's moot since it's allowed by the "President's" exceptions.

 

A real life example of the government not being able to penalize a INA 215(b) violation: https://youtu.be/1FB1FTXwGLw?t=2237 Maximiliano left and entered the US without any ID.

Edited by HRQX

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ghana
Timeline
20 hours ago, JFH said:

It would probably be easier to postpone the oath ceremony until after the trip. What if the embassy/country where you are going closes down again for the rumored “second wave” of COVID-19 whilst you are there? You don’t want to be stressed about how to get a passport from a closed embassy.

In my book postponing any immigration process and particularly the last step in the immigration process, citizenship is a no no no especially in these times of an immigrant unfriendly government. But then I respect other opinions.

Edited by Ray.Bonaquist

ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

مواطن من العالم

Share this post


Link to post
Share on other sites
21 hours ago, HRQX said:

Even in the height of the initial wave, American Citizen Services Units were able to issue limited-validity emergency passports for those with imminent travel to the US.

https://web.archive.org/web/20200404033839/https://uk.usembassy.gov/information-for-american-citizens-following-the-coronavirus-covid-19-outbreak/

Would embassy staff consider voluntarily leaving the country without a valid passport during a pandemic and hoping that the embassy will step in and issue one just so that the OP can make personal travel arrangements when it suits him a genuine emergency? Maybe not. 
 

Emergency services usually only cover the matters of lost and stolen passports or people who involuntarily need to travel at short notice and don’t have a valid passport, such as people on visas that have been revoked or become invalid (for example work-based visas but the company has closed or made the person redundant) and who are therefore about to be in unlawful presence in the guest country, or people needing to travel for medical reasons. 


Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...