Traveling with Green Card as a Citizen

[emekus94 1,125]

Hi Everyone-

 

Hubby went to his citizenship interview a month ago and passed. He's now a citizen. Yayy
We don't yet have his passport but there's a family emergency and he wants to travel ASAP (The passport won't get here on time).

 

My question - Is there an issue travelling with the green card when in theory, he's a citizen and should be travelling with his passport?
They didn't take the green card away so am assuming it is still valid... though I really rather not screw anything up when we have waited so long to get to the end of the immigration line.

[Crazy Cat 39,214]

38 minutes ago, emekus94 said:

Is there an issue travelling with the green card when in theory, he's a citizen and should be travelling with his passport?

Postpone the travel.  US citizens must exit and enter the US via a US passport.  His Green Card is not valid.

 

I assume he had an oath ceremony and received a certificate of naturalization.  It is extremely odd that he still has a Green card.

Edited January 27, 2023 by Crazy Cat

[Crazy Cat 39,214]

Dual Nationality (state.gov)

 

"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. "

Edited January 27, 2023 by Crazy Cat

[SalishSea 16,769]

30 minutes ago, emekus94 said:

Hi Everyone-

 

Hubby went to his citizenship interview a month ago and passed. He's now a citizen. Yayy
We don't yet have his passport but there's a family emergency and he wants to travel ASAP (The passport won't get here on time).

 

My question - Is there an issue travelling with the green card when in theory, he's a citizen and should be travelling with his passport?
They didn't take the green card away so am assuming it is still valid... though I really rather not screw anything up when we have waited so long to get to the end of the immigration line.

You will have to look at getting an expedited US passport.

[Scandi 3,970]

I'm wondering the same as Crazy Cat, did he take the oath? The interview itself doesn't make anybody a citizen. They take the greencard from you when you go for your oath ceremony. 

[Mike E 11,723]

1 hour ago, emekus94 said:

He's now a citizen. Yayy

Have  you seen his naturalization certificate?

Edited January 27, 2023 by Mike E

[Mike E 11,723]

Linked without comment:

 

 

[mniceguy16 184]

4 hours ago, emekus94 said:

Hi Everyone-

 

Hubby went to his citizenship interview a month ago and passed. He's now a citizen. Yayy
We don't yet have his passport but there's a family emergency and he wants to travel ASAP (The passport won't get here on time).

 

My question - Is there an issue travelling with the green card when in theory, he's a citizen and should be travelling with his passport?
They didn't take the green card away so am assuming it is still valid... though I really rather not screw anything up when we have waited so long to get to the end of the immigration line.

Looks like Nigeria has dual nationality,so he can use his Nigerian passport for his trip,he may use his Nigerian passport to exit and not how he will get in without his US passport, I don’t know the procedure but it is doable, let him consult with his peers from

Nigeria or contact the embassy in New York.

Edited January 28, 2023 by mniceguy16

[gabluc 171]

5 hours ago, emekus94 said:

Hi Everyone-

 

Hubby went to his citizenship interview a month ago and passed. He's now a citizen. Yayy
We don't yet have his passport but there's a family emergency and he wants to travel ASAP (The passport won't get here on time).

 

My question - Is there an issue travelling with the green card when in theory, he's a citizen and should be travelling with his passport?
They didn't take the green card away so am assuming it is still valid... though I really rather not screw anything up when we have waited so long to get to the end of the immigration line.

Passing the interview doesn’t mean he’s a citizen.

he has to attend his oath ceremony in order to get his US passport. 
 

at the path ceremony he will get a certificate of naturalization and they will take his green card. So until he has his naturalization certificate in hand… he’s still an alien. 

[Nat&Amy 623]

Assuming the oath has been taken and husband is indeed a USC: make an appointment for "urgent travel" at a passport agency within 14 days of travel. Depending on his location, he is likely to get his passport either on the same day or the next day of the appointment.

 

If he is a citizen, forget the green card. It is no longer a valid travel document.

Edited January 28, 2023 by Nat&Amy

[TBoneTX 43,048]

Thread is moved from the Effects forum to the Passports subforum.

[gstrength 20]

7 hours ago, emekus94 said:

My question - Is there an issue travelling with the green card when in theory, he's a citizen and should be travelling with his passport?
They didn't take the green card away so am assuming it is still valid... though I really rather not screw anything up when we have waited so long to get to the end of the immigration line.

No issue at all, your theory is not valid since he is not a citizen yet, he can still travel with his passport and green card

[Crazy Cat 39,214]

7 hours ago, gstrength said:

No issue at all, your theory is not valid since he is not a citizen yet, he can still travel with his passport and green card

The OP's timeline states Citizenship Oath was taken on 11/29/2022.  The husband is a citizen.  The Green Card, which he should not even possess, is NOT valid.   

[nastra30 1,980]

14 hours ago, emekus94 said:

My question - Is there an issue travelling with the green card when in theory, he's a citizen and should be travelling with his passport? They didn't take the green card away so am assuming it is still valid.

Yes it's an issue. Very simple, he's no longer a LPR so by law he can't travel with a greencard. He has to travel with US passport. They should have taken his greencard away and probably forgot. Cinsider returning it.

 

 

[African Zealot 1,452]

It can be done. Exiting the USA is not a problem. Returning is the problem which can be solved by getting an emergency passport at the US 🇺🇸 embassy in his country.

 

Alternatively on his return he can try to board with his other passport and green card (it takes some time for them to synchronize the systems and void it in their database). The airline may not allow him boarding if that’s the case.

 

For the overzealous ones here who will claim I am proposing something illegal, I am not proposing anything illegal because  it’s not a felony for an American citizen to enter on another passport (it’s simply not recommended).

This was established in law 

 

Quote

Lower federal courts have recognized the right of a U.S. citizen to enter the U.S without a passport. In Worthy v. United States 328 F.2d 386 (5th Cir. 1964):, a federal appellate court held that imposing a criminal penalty on a U.S. citizen for entering the U.S. without a passport was unconstitutional. The court found that, “We think it is inherent in the concept of citizenship that the citizen, when absent from the country to which he owes allegiance, has a right to return, again to set foot on its soil. . . . We do not think that a citizen, absent from his country, can have his fundamental right to have free ingress thereto subject to a criminal penalty if he does not have a passport.”

If it’s imperative that he visits his country, he should go. If it’s not, he should delay until he acquires his USA 🇺🇸 passport.

 

Bon voyage to him!

Edited January 28, 2023 by African Zealot