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

[cacolac323 11]

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

[HRQX 4,145]

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:

• Certified U.S. birth certificate issued by the city, county or state;
• Consular Report of Birth Abroad; 
• Naturalization Certificate;
• Certificate of Citizenship.

[JFH 12,189]

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 July 29, 2020 by JFH

[HRQX 4,145]

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/

[geowrian 22,335]

What can be done and what is wise to do are not always the same.

 

Yes, your plan can be done.

But the wisdom of leaving the US as a USC without a valid US passport is questionable.

Edited July 29, 2020 by geowrian

[NotMoreForms 68]

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.

[bing10 114]

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.

 

[NotMoreForms 68]

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.

[Zaidba 39]

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

 

[retheem 553]

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.

[geowrian 22,335]

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.

[HRQX 4,145]

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 July 30, 2020 by HRQX

[HRQX 4,145]

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 July 30, 2020 by HRQX

[African Zealot 1,452]

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 July 30, 2020 by Ray.Bonaquist

[JFH 12,189]

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.