Traveling before passport arrives (split)

[Janay Thomas 1]

Question my husband apply for his USA passport. Haven’t received it as yet and wants to leave the country what can he use his USA drivers license to enter back the USA or a copy of is naturalization certificate.

[arken 4,197]

8 minutes ago, Janay Thomas said:

Question my husband apply for his USA passport. Haven’t received it as yet and wants to leave the country what can he use his USA drivers license to enter back the USA or a copy of is naturalization certificate.

 

 

They won't accept DL or NC. If the passport gets delivered when he is abroad, may be someone can mail it to him (risk of mail is there though). If he shows his copy of NC upon entering US, i'll assume they can't deport a USC so he will probably get a mouthful first, then be placed in a secondary inspection, get lots of mouthful again and eventually admitted.

 

The real question though is how is he going to depart the other country? He will need to provide something to the airline check-in or security or exit immigration officers to be able to board the plane. They won't accept a copy of NC or a DL for sure.

[Ontarkie 14,228]

~~Hijack post split to its own thread and moved to Working and Traveling~~

[HRQX 4,145]

36 minutes ago, Janay Thomas said:

Haven’t received it as yet and wants to leave the country what can he use his USA drivers license to enter back the USA or a copy of is naturalization certificate.

For flying out no issue since there is no outbound CBP passport counter. Also 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?"

 

He could try to show copy of the naturalization certificate if crossing back via land POE: http://web.archive.org/web/20200929115350/https://www.uscis.gov/us-citizens-traveling-internationally "You can also use your original certificate of citizenship or certificate of naturalization."

 

Per case law, they are required to let him in based solely on the fact that he is a US citizen. In the following video, the CBP officer says, "We cannot deny US citizens the right to come into the United States." https://youtu.be/1FB1FTXwGLw?t=2237 The traveler in the video had absolutely no ID on him and they still let him in.

[Sagior 15]

Sorry, your husband cannot travel without a passport. He is a US citizen and he needs a US passport to leave the country, after he exit USA he can use legally a foreign passport to travel(if he has one) 

[HRQX 4,145]

50 minutes ago, Sagior said:

He is a US citizen and he needs a US passport to leave the country,

That is incorrect. INA § 215(b) [8 USC 1185(b)] has been unenforceable since Oct. 7, 1978. https://www.congress.gov/95/statute/STATUTE-92/STATUTE-92-Pg963.pdf Page 31: "Such section is further amended by striking out subsection (c) and redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e),and (f),respectively."

Edited August 24, 2021 by HRQX

[edsperfect 25]

2 hours ago, Janay Thomas said:

Question my husband apply for his USA passport. Haven’t received it as yet and wants to leave the country what can he use his USA drivers license to enter back the USA or a copy of is naturalization certificate.

play it safe and wait for the passport