Returning to US without US Passport.

[liberty23456 15]

Has anyone first hand experience with arriving in US by air without a US passport? My passport is it a foreign embassy for visa processing, but I have to travel. To obtain a 2nd valid US passport you have to present the 1st one for some reason. So this is not an option. I can make the airline believe I travel on a visa waiver with my non US passport to board the flight, but I would prefer not to do that with US immigration. What happens if I arrive with a foreign passport and proof of US citizenship? I am quite sure I would be let in, but not sure how painful that would be and if I would be subject to fine.

I have another option to enter via Canada just with my NEXUS card which is sufficient for arrival in Canada and US land boarder crossing and airport pre-clearance, but it would be nicer to fly in directly.

[BigDaddy28 228]

why would you travel without your US passport. I mean wait until you get it back.

[liberty23456 15]

As I mentioned I have to travel. Please no comments or opinions. I'm just looking for an info from someone who was in that situation on either side of the immigration desk or has reliable source.

[VanessaTony 3,567]

It is against the law to enter as a visitor when you're a USC.

If you need to travel as an emergency, I suggest you contact the US embassy in your area and request travel documents that will permit you entry without a US passport. Bearing in mind you're supposed to LEAVE the US on the US passport as well...

I also suggest trying to call the passport agency processing your passport to request they expedite it.

I would NEVER enter the US without the US passport unless in the case of a "must hop on a plane in 5 minutes because something dire has happened and I don't even have time to call people" situation.

[BigDaddy28 228]

As I mentioned I have to travel. Please no comments or opinions. I'm just looking for an info from someone who was in that situation on either side of the immigration desk or has reliable source.

I'm not trying to give you my opinion but BY LAW you know you are supposed to exit and enter the US with the US passport. Not doing so is against the law. I'm just trying to help you here. Im not trying to force my opinion on you.

[himher 634]

I would never suggest that someone deliberately try to enter the country without their US passport. I am also however sure that the "crime" of entering the country as a USC does not actually have a measurable penalty attached to it.

There is a penalty for USC's who enter the country on a foreign passport. With this in mind, passport or not, always declare yourself as a USC at the immigration counter. They are required to automatically send you to secondary to verify your citizenship and once verified immigration has no further jurisdiction over you.

This is the law as written in 22 CFR 53

§ 53.3

Attempt of a citizen to enter without a valid passport.

The appropriate officer at the port of entry shall report to the Department of State any citizen of the United States who attempts to enter the United States contrary to the provisions of this part, so that the Department of State may apply the waiver provisions of § 53.2(h) and § 53.2(i) to such citizen, if appropriate.

They are kind of stuck when a USC enters the country without a passport. They are constitutionally prohibited from preventing travel and US entry/exit has long since been defined as a basic constitutional right.

NOTE: Travel can be prohibited for a few reasons but there is a process required to yank a passport

If it was me I would take my chances at the counter.

[TBoneTX 45,591]

*** Thread moved from U.S. Citizenship forum to the "Passports, etc." subforum -- OP is already a USC. ***

[NickD 203]

Assume you must travel as part of your job, part of my history. Do have some 15 odd DOS service centers with same day service and your employer should honor that.

In my experience, entering the US from Canada via the airlines is one of the worse countries to enter from. Think it would be easier to enter from North Korea or Iran, thanks to Bush. Lines were extremely long and this was traveling back for years where a passport wasn't even necessary.

Besides if you try to enter as a non-immigrant, how are you going to show your return ticket? And what about that I-94 that is on record? Could be arrested for overstaying your visa.

Thought for sure, Obama would reverse this executive decision, not done by congress or anyone else. But I guess if just one terrorist enters the county via the airlines, he would be crucified. Besides any terrorist would be an idiot if they try to enter the US via the airlines. In particular since there is 3,500 miles of unprotected border. But unfortunately this drastic change was done by an idiot.

Company had many divisions in Canada, key reason was to save a bundle of money on health insurance, so traveling up there was very frequent. Then one day, found myself waiting in extreme long lines on my own time, was salaried, instead of with my family. Really teed me off. Still does whenever I think about it.

[liberty23456 15]

I would never suggest that someone deliberately try to enter the country without their US passport. I am also however sure that the "crime" of entering the country as a USC does not actually have a measurable penalty attached to it.

There is a penalty for USC's who enter the country on a foreign passport. With this in mind, passport or not, always declare yourself as a USC at the immigration counter. They are required to automatically send you to secondary to verify your citizenship and once verified immigration has no further jurisdiction over you.

This is the law as written in 22 CFR 53

§ 53.3

Attempt of a citizen to enter without a valid passport.

The appropriate officer at the port of entry shall report to the Department of State any citizen of the United States who attempts to enter the United States contrary to the provisions of this part, so that the Department of State may apply the waiver provisions of § 53.2(h) and § 53.2(i) to such citizen, if appropriate.

They are kind of stuck when a USC enters the country without a passport. They are constitutionally prohibited from preventing travel and US entry/exit has long since been defined as a basic constitutional right.

NOTE: Travel can be prohibited for a few reasons but there is a process required to yank a passport

If it was me I would take my chances at the counter.

Thank you for the very elaborate answer. Do you think entering without a passport could put my NEXUS and Global Entry privileges in danger?

[liberty23456 15]

Do have some 15 odd DOS service centers with same day service and your employer should honor that.

To obtain a 2nd US passport you must submit your 1st passport with the application, so this requires some planing. Too late now. Reporting the 1st passport as lost would probably get me a new passport, but it could cause double trouble with DOS for false statement and the foreign embassy for submitting invalid passport for visa processing.

In my experience, entering the US from Canada via the airlines is one of the worse countries to enter from. Think it would be easier to enter from North Korea or Iran, thanks to Bush. Lines were extremely long and this was traveling back for years where a passport wasn't even necessary.

For Canada I recommend NEXUS. If you are entering via an airport you don't have to show any document or talk to anyone. Just scan your eye iris at the kiosk. You fly through the immigration.

Besides if you try to enter as a non-immigrant, how are you going to show your return ticket? And what about that I-94 that is on record? Could be arrested for overstaying your visa.

I think we have general consensus on this one here.

[Udella&Wiz 325]

Has anyone first hand experience with arriving in US by air without a US passport? My passport is it a foreign embassy for visa processing, but I have to travel. To obtain a 2nd valid US passport you have to present the 1st one for some reason. So this is not an option. I can make the airline believe I travel on a visa waiver with my non US passport to board the flight, but I would prefer not to do that with US immigration. What happens if I arrive with a foreign passport and proof of US citizenship? I am quite sure I would be let in, but not sure how painful that would be and if I would be subject to fine.

I have another option to enter via Canada just with my NEXUS card which is sufficient for arrival in Canada and US land boarder crossing and airport pre-clearance, but it would be nicer to fly in directly.

I may have missed it in the trhead but can you return to the foreign embassy where your first US passport is being processed? Let's say you do travel and back where ever you're going - how will you obtain this 1st passport once its ready? Were they mailing it to you?

I would honestly suggest calling a a US embassy wherever you are and asking them what they suggest doing With the nexus scenario - they could ask for your passport.

Good luck

[liberty23456 15]

With the nexus scenario - they could ask for your passport.

From http://www.cbp.gov/xp/cgov/travel/trusted_traveler/nexus_prog/nexus.xml

The NEXUS alternative inspection program has been completely harmonized and integrated into a single program. NEXUS members now have crossing privileges at air, land, and marine ports of entry. Under the Western Hemisphere Travel Initiative, the NEXUS card has been approved as an alternative to the passport for air, land, and sea travel into the United States for US and Canadian citizens.

[scott76 22]

You may be able to file for a re-entry permit (I-131) but I am in the middle of that process now and it generally takes months to obtain. Also as a USC I am not sure if you are eligible for it - it's generally for permanent residents. You could give USCIS a call and find out.

[himher 634]

A re-entry permit applies to non-USC's only.

Entering and exiting other countries on a non-US passport is not prohibited. Once you are on the plane, you have to put it away and follow the rules for entry for USC's (fill out a customs form only) after you land. This means go to the USC line, and state that you are a USC and have lost/misplaced your passport, and are seeking entry as a USC.

Local cops cannot enforce immigration laws and immigration has no jurisdiction over the entry of USC's into the US. They are responsible for verifying your citizenship only which is why you are supposed to present a passport.

Customs: Has jurisdiction over everydambody LOL

The preferred method: Get a replacement passport at the nearest embassy. They can do it in one day.

Emergency method: Get on the flight by any means necessary and state your case at the immigration counter. Expect to wait in secondary while they verify your identity

[dwheels76 5,468]

As I mentioned I have to travel. Please no comments or opinions. I'm just looking for an info from someone who was in that situation on either side of the immigration desk or has reliable source.

Yes I have experience and i wasn't allowed on the plane took me two weeks had to travel to embassy in Lagos and get an emergency Passport. Seemed my birth certificate to prove i was citizen was not good enough to get on flight.

I doubt if they will allow you on board.