Dual Citizen - Passport Application Abroad

[nwctzn 55]

A friend of mine just got his US citizenship last week. He became a dual citizen. He then left the US without a US passport with the intent to apply for his US passport at a US embassy overseas. Is that possible? I thought that he had to leave the US with a US passport and that it is actually the law that you have to be in possession of a US passport when you leave the US, even if you are a dual citizen. Any feedback?

[Anh map 2,098]

Your friend will need their passport in order to enter the US.

http://travel.state.gov/passport/get/outside/outside_5462.html

[VanessaTony 3,567]

Yes that is the law.

[nwctzn 55]

Your friend will need their passport in order to enter the US.

http://travel.state.gov/passport/get/outside/outside_5462.html

That I know. But will he have any problems when applying overseas at the US embassy? They might ask why he left the US without a US passport, right?

[Anh map 2,098]

That I know. But will he have any problems when applying overseas at the US embassy? They might ask why he left the US without a US passport, right?

There is no passport check when leaving the US.

[NickD 203]

Interesting situation, let us know how your friend makes out. One time where a green card is far more powerful than a certificate of US citizenship for getting back into this country. Did your friend bring his certificate with him?

Wasn't he or she told at the oath ceremony, can't leave the country without a US passport and expect to come back.

[nwctzn 55]

There is no passport check when leaving the US.

In fact there is. When you check in with the airline, they enter your name and passport information to the flight records which are shared with the Department of Homeland Security. So there is a record with which passport you are leaving the country.

[Jupiter07 12]

In fact there is. When you check in with the airline, they enter your name and passport information to the flight records which are shared with the Department of Homeland Security. So there is a record with which passport you are leaving the country.

He's a dual citizen. He must have traveled on his other passport.

[nwctzn 55]

He's a dual citizen. He must have traveled on his other passport.

Yes he did. The problem as I said is that he will apply for his first-time US passport at the US embassy. So there he may face the question why he left the US with his other passport and not a US passport.

[thetreble 19]

Can you apply for a first time passport at a foreign US embassy?

[Brother Hesekiel 2,236]

It is unlawful for a U.S. citizen to leave the U.S. on a foreign passport. It's material misrepresentation of a U.S. citizen as a foreign visitor. Big deal, as even the DHS Entry/Exit system will now tag him as unlawfully present based on the missing or expired I-94.

The U.S. embassy in his home country will strap him over a wooden horse and shove a 20-foot pole up his you know what.

Stupid move. A really stupid move, and a good case to argue that people who naturalize in the U.S. should be required to renounce their former citizenship.

On a personal note: his naturalization should be voided because of this, or at least he should be prosecuted once back in the U.S.

[NickD 203]

Again dealing with individuals, read about one case where a Canadian that was naturalized left the USA without a US passport, and was just fined 500 bucks, plus the cost of the passport.

Wife to be came here many times with her brand new US B1/B2 visa, but received a limited I-94, same passport, same visa, but then had a green card to get back in, but then they took her green card away with citizenship. I suppose she could have gotten back in with her foreign passport and US visa if she tried, but then would be given a limited I-94 without a US passport. But certainly a risk either of us were not willing to take. Even though I have read that over 80% of the illegals here are due to overstayed visa's, like 20-40 year overstays!

Are they even checking these I-94's? Bet they are, but only if you are applying for a LPR or citizenship status. Had some weird idea that with a US passport, we could burn her old foreign passport, no way. Fought this out with my congressman, senator, and the DOS, a lost battle, she has to maintain her foreign passport to visit her home country. Least if the USCIS makes an issue out of it for conflicting with her oath, have evidence to the contrary. And our government wonders why we don't trust them, they are representing somebody, but sure in the hell are not representing 95% of the people.

USCIS should rewrite their civics test, not the way its suppose to be, but the way it is.

[himher 634]

Yeah, sure. They check the passport being used against the requirements of the country being travelled to and as long as the person is good to travel then they let them through.

You dont need a US passport to fly out. You need one to fly back in.

For instance: They (the airline) check my daughter's indonesian passport when she's travelling to indonesia (even when she's flying on her US passport) and check her US passport at the airline counter and insonesian passport at indonesian immigration when she's coming home.

As far as being unlawful, that thought can be stickened. It's unlawful to enter the US on a foreign passport if you are a US citizen but it is not unlawful to travel on a foreign passport if you are a dual citizen.

PS - my daughter is US citizen from birth and unlawful or not ain't going to lose her passport unless she ponies up, swears in, and gives it up.

You folks need to recheck the laws.

In fact there is. When you check in with the airline, they enter your name and passport information to the flight records which are shared with the Department of Homeland Security. So there is a record with which passport you are leaving the country.

You, my friend, are talking nonsense.

It is unlawful for a U.S. citizen to leave the U.S. on a foreign passport. It's material misrepresentation of a U.S. citizen as a foreign visitor. Big deal, as even the DHS Entry/Exit system will now tag him as unlawfully present based on the missing or expired I-94.

The U.S. embassy in his home country will strap him over a wooden horse and shove a 20-foot pole up his you know what.

Stupid move. A really stupid move, and a good case to argue that people who naturalize in the U.S. should be required to renounce their former citizenship.

On a personal note: his naturalization should be voided because of this, or at least he should be prosecuted once back in the U.S.

Our daughter got one.

Can you apply for a first time passport at a foreign US embassy?

[NickD 203]

Can you apply for a first time passport at a foreign US embassy?

Highly risky to say the least, may just have to stay there.

Still really bugged on this "dual nationally" issue the DOS just loves to state. It's "dual citizenship" as no home country will issue you their passport unless you are a full blown citizen of that country. Hate living in a country loaded with hypocrites and wasn't a bit afraid to tell them that to their face.

[nwctzn 55]

You folks need to recheck the laws.

Below is some info I found. Don't know how strictly this is enforced.

US passport requirements (22 CFR § 53)

Section 215(b) of the INA [8 USC § 1185(b)] requires, in general, that any US citizen who is either leaving or entering the US must be in possession of a valid US passport. This requirement applies even in the case of a dual citizen travelling between the US and his other country of citizenship.

§ 1185. TRAVEL CONTROL OF CITIZENS AND ALIENS

http://www.law.cornell.edu/uscode/8/1185.html

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.

Edited December 6, 2011 by nwctzn