Traveling with Green Card as a Citizen

[nastra30 2,309]

1 hour ago, African Zealot said:

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).

This definitely illegal system updated or not. He's a USC not a US greencard holder.

Edited January 28, 2023 by nastra30

[Lil bear 4,263]

17 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.

Do what everyone else who needs their passport for immediate urgent travel does .. use the process that has been put in place by the passport office to get a new passport for imminent urgent travel. Possibly inconvenient and time consuming yes but … its there for this very reason 

https://travel.state.gov/content/travel/en/passports/get-fast.html

[JeanneAdil 6,597]

1 hour ago, African Zealot said:

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 

 

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!

you will note the date on that is 1964 / we use to be able to go to Mexico and Canada with no passport.

that changed by Immigration law U.S.Code 1185

 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.h

 

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. Use of the foreign passport to travel to or from a country other than the United States is not inconsistent with U.S. law.  

[Nat&Amy 623]

29 minutes ago, Lil bear said:

Do what everyone else who needs their passport for immediate urgent travel does .. use the process that has been put in place by the passport office to get a new passport for imminent urgent travel. Possibly inconvenient and time consuming yes but … its there for this very reason 

https://travel.state.gov/content/travel/en/passports/get-fast.html

This, right here. And also, what does ASAP mean? Today, tomorrow, in one week? Have tickets been bought yet? Last October I was able to get an appointment in three days before my trip and got the passport in hand the next day. Call 8774872778 and inquire, much better than trying serendipitous ways to leave the country without the right document to get back in.

[Mike E 11,741]

5 minutes ago, JeanneAdil said:

you will note the date on that is 1964 / we use to be able to go to Mexico and Canada with no passport.

that changed by Immigration law U.S.Code 1185

It hasn’t actually changed. And indeed because it hasn’t actually changed, CBP was forced by the cruise ship industry to adapt to constitutional reality. 
 

https://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative
 

U.S. citizens on closed-loop cruises (cruises that begin and end at the same U.S. port) are able to enter the United States with a birth certificate and government-issued photo ID. 
 

The cruise ship industry simply would vanish if a US passport or passport card was required.  
 

A conversation I had with a friend a couple years ago: 

 

Friend: “My husband entered  Canada by land with just his U.S. birth certificate and drivers license. Canada didn’t say a thing. He still didn’t believe he could enter the U.S. without a US passport, so he went to the U.S. consulate to get an emergency passport. The CO asked him how he got into Canada. The CO said “then that’s how you will get back to U.S. No passport for you today. Get out of here.’ “

 

There are enough clues at this point that if in fact OP’s spouse took oath and still had the green card (which I am skeptical of)  it is obvious how OP can return to the U.S. without a U.S. passport. 

[iwannaplay54 985]

18 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.

Basically Once citizenship is established on re-entry he’ll get chewed out but there is nothing, at all, that immigration can do once citizenship is confirmed.  Lots of case law on that LOL.  The magic word is “citizen”.

 

Unfortunately the proof of that is probably with the passport application.  He won’t enter on that green card and he shouldn’t be using it.  He’ll get held in a back roim until they “establish citizenship” and that might be a miserable experience that they make as miserable as possible on purpose to make a point. 

[African Zealot 1,455]

3 hours ago, nastra30 said:

This definitely illegal system updated or not. He's a USC not a US greencard holder.

Did you even read what I wrote and the case law I quoted or you simply jumped in to state an opinion because that’s how you feel?

[JeanneAdil 6,597]

3 hours ago, Mike E said:

It hasn’t actually changed. And indeed because it hasn’t actually changed, CBP was forced by the cruise ship industry to adapt to constitutional reality. 
 

https://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative
 

U.S. citizens on closed-loop cruises (cruises that begin and end at the same U.S. port) are able to enter the United States with a birth certificate and government-issued photo ID. 
 

The cruise ship industry simply would vanish if a US passport or passport card was required.  
 

A conversation I had with a friend a couple years ago: 

 

Friend: “My husband entered  Canada by land with just his U.S. birth certificate and drivers license. Canada didn’t say a thing. He still didn’t believe he could enter the U.S. without a US passport, so he went to the U.S. consulate to get an emergency passport. The CO asked him how he got into Canada. The CO said “then that’s how you will get back to U.S. No passport for you today. Get out of here.’ “

 

There are enough clues at this point that if in fact OP’s spouse took oath and still had the green card (which I am skeptical of)  it is obvious how OP can return to the U.S. without a U.S. passport. 

Mike,

it did change

When i was in college, we would watch a football game Saturday (August and early September )and head up to Tornato on Sunday to watch baseball.

No passport or DL /just our college ID

Haven't been able to do that in years/  I was born here and need US passport to get into Canada

 

The real ID can be used in lieu of passport but that is only given when someone has gone thru the process to get the real ID

 

And this OP is going to use green card which is no longer valid as he took the oath

[nastra30 2,309]

1 hour ago, African Zealot said:

Did you even read what I wrote and the case law I quoted or you simply jumped in to state an opinion because that’s how you feel?

I don't think you understand the very thing you quoted. You are saying a US citizen can travel to the US with a greencard. How does that makes sense to you? Thats like traveling with fake papers. And you do know he should have surrendered his greencard because of the very reason it could be be used fraudulently.

 

It's different than showing up at a border and saying I'm a USC and letting CBP deal with the logistics. 

Edited January 28, 2023 by nastra30

[African Zealot 1,455]

2 minutes ago, nastra30 said:

I don't think you understand the very thing you quoted. You are saying a US citizen can travel to the US with a greencard. How does that makes sense to you? Thats like traveling with fake papers. And you do know he should have surrendered his greencard because of the very reason it could be be used fraudulently.

 

It's different than showing up at a border and saying I'm a USC and letting CBP deal with the logistics. 

You’re the one not making sense. I’ll leave it at that.

[nastra30 2,309]

Just now, African Zealot said:

You’re the one not making sense. I’ll leave it at that.

Again, how is a USC traveling with a greencard makes sense to you?

[Mike E 11,741]

57 minutes ago, JeanneAdil said:

Mike,

it did change

When i was in college, we would watch a football game Saturday (August and early September )and head up to Tornato on Sunday to watch baseball.

No passport or DL /just our college ID

Haven't been able to do that in years/  I was born here and need US passport to get into Canada

 

The real ID can be used in lieu of passport but that is only given when someone has gone thru the process to get the real ID

 

And this OP is going to use green card which is no longer valid as he took the oath

 

[iwannaplay54 985]

1 hour ago, JeanneAdil said:

Mike,

it did change

When i was in college, we would watch a football game Saturday (August and early September )and head up to Tornato on Sunday to watch baseball.

No passport or DL /just our college ID

Haven't been able to do that in years/  I was born here and need US passport to get into Canada

 

The real ID can be used in lieu of passport but that is only given when someone has gone thru the process to get the real ID

 

And this OP is going to use green card which is no longer valid as he took the oath

The law is very clear here.  No matter what, it has been deemed that entering / exiting is a fundamental liberty to USC’s, not a privilege.  CBP must establish a claim of citizenship and once established there is no law or penalty or action that can be applied that allows them to prevent you going on your way.  
Now, what they do with you while they are establishing citizenship?  Not really something I’d like to test out.  Between when you enter and they follow up they can pretty much do what they want.  Thats something to avoid.

[iwannaplay54 985]

1 hour ago, JeanneAdil said:

 

And this OP is going to use green card which is no longer valid as he took the oath

He can use the green card to board but when he arrives he needs to advise that he is a USC.  They are going to see a problem as soon as they scan it anyway.  It’s invalid.

Then let them deal with it.

Edited January 28, 2023 by iwannaplay54

[iwannaplay54 985]

21 minutes ago, nastra30 said:

Again, how is a USC traveling with a greencard makes sense to you?

You read the OP’s post?