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NATURALIZED, left the US with a Foreign Passport and applied passport overseas

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Filed: Citizen (pnd) Country: Nepal
Timeline

I have some questions in mind that has been bugging me for how many months..

Here is the story... I did get naturalized last June 2008, but have failed to apply passport in the US due to my job requiring me to go back ASAP. I left the USA with my DOD card and a copy of naturalized certificate.. As soon as I came back, I went to the locall US Embassy in the Middle East and applied passport, they did process the passport to me, but the officer gave me a hard time and edudate me that it is illegal to leave and enter the US with a foreign passport.. But commonsense, you can enter the US with your foreign passport provided you have a greencard or visa that allowing you to be in the States legally. But in my case, I left the US using my certificate and applied the passport overseas..

Did someone ever done this before? Did you suffer or encounter any consequences when you went back to the states? Did you get question by the immigration officer or even detained?

I am asking because I want to be prepared if ever I go back and enter the US next year.

Please, share your experience.

Thank you.,

Edited by Completely
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After you are naturalized, you are a US citizen according to US law. That's the whole meaning of naturalization. When you deal with the US government after naturalization, you deal with it as a US Citizen, not as a citizen of your former country (even if that country still says you're one of their citizens).

According to the law, a US Citizen must have a US Passport before leaving or entering the US. There are currently a couple of exceptions for travel to Canada, Mexico, and the Caribbean, but those exceptions are being phased out.

See 8 USC 1185, paragraph 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.

So the officer was right, you violated the US law by leaving the US without a US passport.

However, I don't believe there is currently a prescribed penalty for this violation. At one time, there was a fine for this, and the penalty could be restored at any time.

Anyway, they processed your passport for you. So now you can enter or leave the US with your US passport, without any trouble. From now on, use a US passport any time you have to deal with US officials when entering or leaving the US. If you hold a valid passport from your former country, you can use it when dealing with non-US officials, but use the US one when dealing with US officials.

The Dual Citizenship FAQ has a lot of information about this and other issues involving being a dual citizen.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Filed: Citizen (apr) Country: Colombia
Timeline
After you are naturalized, you are a US citizen according to US law. That's the whole meaning of naturalization. When you deal with the US government after naturalization, you deal with it as a US Citizen, not as a citizen of your former country (even if that country still says you're one of their citizens).

According to the law, a US Citizen must have a US Passport before leaving or entering the US. There are currently a couple of exceptions for travel to Canada, Mexico, and the Caribbean, but those exceptions are being phased out.

See 8 USC 1185, paragraph 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.

So the officer was right, you violated the US law by leaving the US without a US passport.

However, I don't believe there is currently a prescribed penalty for this violation. At one time, there was a fine for this, and the penalty could be restored at any time.

Anyway, they processed your passport for you. So now you can enter or leave the US with your US passport, without any trouble. From now on, use a US passport any time you have to deal with US officials when entering or leaving the US. If you hold a valid passport from your former country, you can use it when dealing with non-US officials, but use the US one when dealing with US officials.

The Dual Citizenship FAQ has a lot of information about this and other issues involving being a dual citizen.

Hey Lucyrich, read this section about Venezuela at the DOS site.

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1059.html

"Venezuelan law requires Venezuelan citizens to enter and depart Venezuela using Venezuelan passports and Venezuelan immigration authorities are increasingly enforcing this requirement. In order to comply with U.S. and Venezuelan law, persons who hold dual American-Venezuelan nationality must plan to travel between Venezuela and the United States with valid U.S. and Venezuelan passports."

I gather from this my wife should carry both passports now. Also heard that tension are high between Hugo and George and Hugo may be blocking US flights into that country starting Sep 28, 2008, do you have any knowledge of this?

Is that section in the DOS site intended to ward off any thoughts of visiting Venezuela? Our trip last year was uneventful, met a lot of great people down there just trying to earn a living. Not much different than here. Seems like George and Hugo should enter a boxing ring and settle their differences and leave the rest of us alone.

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I gather from this my wife should carry both passports now. Also heard that tension are high between Hugo and George and Hugo may be blocking US flights into that country starting Sep 28, 2008, do you have any knowledge of this?

I only know what's been reported in the news, that flights may be cut back starting Sept 28, but I don't believe they're completely stopped.

I've read that about dual nationals having to carry both passports. But also note the following

http://www.multiplecitizenship.com/wscl/ws_VENEZUELA.html

LOSS OF CITIZENSHIP: Venezuelan woman who marries a foreigner retains her nationality unless she declares her intention to the contrary or, according to the laws of her husband's country, acquires his nationality.

The way I read that, once a Venezuelan woman marries a US Citizen and naturalizes as a US Citizen, she's no longer a Venezuelan citizen. (That law is awfully sexist.) It seems to me that a woman who fell into this situation wouldn't be required, or even allowed, to use a Venezuelan passport. But I'm certainly not an expert on Venezuelan citizenship law.

Is that section in the DOS site intended to ward off any thoughts of visiting Venezuela?

Perhaps, but read the consular information sheets for various other countries, including different ones in Central and South America and even Europe. There's a certain tone to all of them that seems to say "once you leave the US, danger lurks around every corner". The one for Venezuela doesn't stand out so much in comparison.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Filed: IR-5 Country: Philippines
Timeline

You lost your Filipino citizenship when you were naturalized. If you did not file for citizenship re-acquisition, then you weren't supposed to travel using your Philippine passport since you're no longer a Filipino citizen.

http://www.philippineconsulatela.org/consu...onserv-dual.htm

CITIZENSHIP RETENTION AND RE-ACQUISITION ACT OF 2004 (R.A. 9225)

Who are qualified to reacquire Philippine citizenship under RA 9225?

"..Natural –born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the oath of allegiance to the Republic." (Section 3, RA 9225)

===========================

2008-08-16 Sent N-400

2008-08-18 Application Received

2008-08-19 Check Cashed

2008-09-18 Biometrics

2008-12-09 Interview

2009-01-XX Oath (Yay! I'm a citizen)

==========================

07/19 - NOA2 approval

08/20 - Case received at NVC

08/23 - emailed DS-3022

08/25 - mailed AOS

08/27 - received AOS

08/31 - AOS Accepted

09/04 - Received confirmation of DS-3022

09/05 - Received IV invoice

09/05 - Pay IV bill

09/06 - IV showed as paid

09/06 - Send DS-230 packet

09/10 - Received DS-230 packet by NVC

09/17 - DS-230 Accepted/Case Complete

09/28 - Transfer to Manila Embassy

10/02 - Medical Exam at St. Luke's

10/08- 10/10 - Sputum Test

10/09 - Received by Manila Embassy

10/12 - Result of Sputum Test (Need to repeat)

10/16-10/18 - Repeat Sputum Test (Negative)

12/13 - Sputum Final Result (Negative)

12/21 - Interview at Embassy (Approved)

12/28 - Visa Picked Up from 2GO

12/28 - CFO

12/30 - POE (LAX)

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Filed: Citizen (apr) Country: Colombia
Timeline
The way I read that, once a Venezuelan woman marries a US Citizen and naturalizes as a US Citizen, she's no longer a Venezuelan citizen. (That law is awfully sexist.) It seems to me that a woman who fell into this situation wouldn't be required, or even allowed, to use a Venezuelan passport. But I'm certainly not an expert on Venezuelan citizenship law.

We did get our marriage registered in Venezuela, show deeds of property ownership, plus I tend to have an assertive personality. And regarding Venezuelan law, a couple of bucks in the right pocket seems to get that law in your favor. Find that here too, where some governmental officials like to push you around, if you let them, they will, unfortunate, but true, but here doesn't take a couple of bucks. Takes reporting and filing a complaint.

Wife is enjoying her new found freedom here as a woman, and I promote it, really do not want a slave for a mate, but a self thinking person. We were approached by some character in Caracas on a lonely street. Guess he decided to run than fight, but that also happens in Chicago.

I see the potential of Venezuela that could only be realized by the correct leadership, they sure do not have that. Wife is concerned the same thing can happen here and taking a great interest in politics.

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Filed: Other Country: Argentina
Timeline
After you are naturalized, you are a US citizen according to US law. That's the whole meaning of naturalization. When you deal with the US government after naturalization, you deal with it as a US Citizen, not as a citizen of your former country (even if that country still says you're one of their citizens).

According to the law, a US Citizen must have a US Passport before leaving or entering the US. There are currently a couple of exceptions for travel to Canada, Mexico, and the Caribbean, but those exceptions are being phased out.

See 8 USC 1185, paragraph 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.

So the officer was right, you violated the US law by leaving the US without a US passport.

However, I don't believe there is currently a prescribed penalty for this violation. At one time, there was a fine for this, and the penalty could be restored at any time.

Anyway, they processed your passport for you. So now you can enter or leave the US with your US passport, without any trouble. From now on, use a US passport any time you have to deal with US officials when entering or leaving the US. If you hold a valid passport from your former country, you can use it when dealing with non-US officials, but use the US one when dealing with US officials.

The Dual Citizenship FAQ has a lot of information about this and other issues involving being a dual citizen.

Hey Lucyrich, read this section about Venezuela at the DOS site.

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1059.html

"Venezuelan law requires Venezuelan citizens to enter and depart Venezuela using Venezuelan passports and Venezuelan immigration authorities are increasingly enforcing this requirement. In order to comply with U.S. and Venezuelan law, persons who hold dual American-Venezuelan nationality must plan to travel between Venezuela and the United States with valid U.S. and Venezuelan passports."

Almost all dual-citizens are required to do this...my husband, an Argentine, has to enter Argentina on his Argentine passport and come back to USA on US passport.

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Filed: Timeline
I have some questions in mind that has been bugging me for how many months..

Here is the story... I did get naturalized last June 2008, but have failed to apply passport in the US due to my job requiring me to go back ASAP. I left the USA with my DOD card and a copy of naturalized certificate.. As soon as I came back, I went to the locall US Embassy in the Middle East and applied passport, they did process the passport to me, but the officer gave me a hard time and edudate me that it is illegal to leave and enter the US with a foreign passport.. But commonsense, you can enter the US with your foreign passport provided you have a greencard or visa that allowing you to be in the States legally. But in my case, I left the US using my certificate and applied the passport overseas..

Did someone ever done this before? Did you suffer or encounter any consequences when you went back to the states? Did you get question by the immigration officer or even detained?

I am asking because I want to be prepared if ever I go back and enter the US next year.

Please, share your experience.

Thank you.,

I had to be in England with my son's father who was sworn in for his citizenship on the day we were to fly out. They (claimed) they could not reschuled his naturalization ceremony to another day before his trip. So, he was able to travel to England (british citizen) with just his passport and no green card, because they took that from him at the ceremony. We went to the U.S. embassy in London and applied for a temporary U.S. passport and paid the fee. He had to show is naturalization certificate to gain entry into the embassy and for them to process the passport. We had no problems leaving England or at POE in Baltimore.

Hope this helps.

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....when it hurts to look back and you're scared to look ahead LOOK beside you and I'll be there.....

There comes a point in your life when you realize who matters, who never did, who won't anymore... and who always will.

So, don't worry about people from your past, there's a reason why they didn't make it to your future.

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Filed: Citizen (pnd) Country: Nepal
Timeline
I have some questions in mind that has been bugging me for how many months..

Here is the story... I did get naturalized last June 2008, but have failed to apply passport in the US due to my job requiring me to go back ASAP. I left the USA with my DOD card and a copy of naturalized certificate.. As soon as I came back, I went to the locall US Embassy in the Middle East and applied passport, they did process the passport to me, but the officer gave me a hard time and edudate me that it is illegal to leave and enter the US with a foreign passport.. But commonsense, you can enter the US with your foreign passport provided you have a greencard or visa that allowing you to be in the States legally. But in my case, I left the US using my certificate and applied the passport overseas..

Did someone ever done this before? Did you suffer or encounter any consequences when you went back to the states? Did you get question by the immigration officer or even detained?

I am asking because I want to be prepared if ever I go back and enter the US next year.

Please, share your experience.

Thank you.,

I had to be in England with my son's father who was sworn in for his citizenship on the day we were to fly out. They (claimed) they could not reschuled his naturalization ceremony to another day before his trip. So, he was able to travel to England (british citizen) with just his passport and no green card, because they took that from him at the ceremony. We went to the U.S. embassy in London and applied for a temporary U.S. passport and paid the fee. He had to show is naturalization certificate to gain entry into the embassy and for them to process the passport. We had no problems leaving England or at POE in Baltimore.

Hope this helps.

Thanks I feel better now.. I guess the officed just did educate me about entering and leaving the USA. :whistle:

I wish I will have no problem as well when we travel.

Thank you so much.

jamesfiretrucksg2.th.jpgthpix.gif
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Thanks I feel better now.. I guess the officed just did educate me about entering and leaving the USA. :whistle:

I wish I will have no problem as well when we travel.

Thank you so much.

Since you are already US citizen from US government, you shouldn't have a problem to get in.

Since you didn't follow the US law, you may get fine as a penalty.

That will be all.

Even if you arrive in U.S. airport without passport, as long as you have your "certificate of naturalization, you can get in.

You may have to spend some time with officers, and pay for fine, but you can get in.

The reason why you have to get US passport from abroad US embassy is because airline company may not get you on board with just "certificate of naturalization". ^^

So you need temporary travel certificate or US passport before going to airport to catch flight back to home, which is U.S. ^^

Edited by moonhunt
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