Can my wife fly out of the USA on her old passport right after oath ceremony and apply for U.S. passport at an embassy abroad?

[Dashinka 24,479]

8 minutes ago, harry.st said:

 

Here (and this happened at a time when it was still taking months from within the US):

 

 

 

You can also double-check on Reddit: embassies are, for some weird reason, known for quick turnaround times (essentially, they treat every passport issuance request, as an urgent one).

Just curious, you mentioned applying for an enhanced DL and getting it 10 days after your oath ceremony.  Why didn't you book an appointment for an emergency passport at the passport agency in NY.  You can get same day or very fast passports there, even faster than any consulate.  

[harry.st 62]

1 hour ago, Dashinka said:

Just curious, you mentioned applying for an enhanced DL and getting it 10 days after your oath ceremony.  Why didn't you book an appointment for an emergency passport at the passport agency in NY.  You can get same day or very fast passports there, even faster than any consulate.  

 

Because I naturalized last August (you probably recall what was going on with passports, and appointments thereof, at the time...) 

Edited February 27 by harry.st

[Dashinka 24,479]

13 minutes ago, harry.st said:

 

Because I naturalized last August (you probably recall what was going on with passports, and appointments thereof, at the time...) 

When in doubt, walk into the passport agency.

[jaysaldi 213]

Update: I took everyone's advice here and had my wife apply for passport at the passport office the day after her ceremony and she got the passport the next day

[Paul Hanaki 72]

On 2/24/2024 at 9:23 AM, Crazy Cat said:

 

 

22 CFR § 53.1 - Passport requirement; definitions. | Electronic Code of Federal Regulations (e-CFR) | US Law | LII / Legal Information Institute (cornell.edu)

 

"§ 53.1 Passport requirement; definitions.

(a) It is unlawful for a citizen of the United States, unless excepted under 22 CFR 53.2, to enter or depart, or attempt to enter or depart, the United States, without a valid U.S. passport.

(b) For purposes of this part “United States” means “United States” as defined in section 215(c) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1185(c))."

Any law with criminal penalties requiring a US passport to enter the US is unconstitutional. What it probably means it's unlawful for a US citizen to use a foreign passport to enter the US. William Worthy, Jr., Appellant, v. United States of America, Appellee, 328 F.2d 386 (5th Cir. 1964)

On 2/24/2024 at 9:23 AM, Crazy Cat said:

 

 

22 CFR § 53.1 - Passport requirement; definitions. | Electronic Code of Federal Regulations (e-CFR) | US Law | LII / Legal Information Institute (cornell.edu)

 

"§ 53.1 Passport requirement; definitions.

(a) It is unlawful for a citizen of the United States, unless excepted under 22 CFR 53.2, to enter or depart, or attempt to enter or depart, the United States, without a valid U.S. passport.

(b) For purposes of this part “United States” means “United States” as defined in section 215(c) of the Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1185(c))."

Any law with criminal penalties requiring a US passport to enter the US is unconstitutional. What it probably means it's unlawful for a US citizen to use a foreign passport to enter the US. William Worthy, Jr., Appellant, v. United States of America, Appellee, 328 F.2d 386 (5th Cir. 1964)

[OldUser 6,604]

13 hours ago, Paul Hanaki said:

Any law with criminal penalties requiring a US passport to enter the US is unconstitutional. What it probably means...

Supreme Court's input required here? This is not a simple matter and not something you can prove to CBP on the spot. In reality travelling without US passport can result in detention until CBP can figure out whether you are indeed a citizen. This can last few days and even weeks in some occasions.

Edited April 17 by OldUser

[Paul Hanaki 72]

7 hours ago, OldUser said:

Supreme Court's input required here? This is not a simple matter and not something you can prove to CBP on the spot. In reality travelling without US passport can result in detention until CBP can figure out whether you are indeed a citizen. This can last few days and even weeks in some occasions.

Not true at all. People cross the border all the time without a passport. Heck you can take cruises with just a birth certificate. And yes there is a Supreme Court decision that states US Citizens have an absolute right to return to the country. 

[OldUser 6,604]

27 minutes ago, Paul Hanaki said:

Not true at all. People cross the border all the time without a passport. Heck you can take cruises with just a birth certificate. And yes there is a Supreme Court decision that states US Citizens have an absolute right to return to the country. 

Which part is not true?

 

https://edition.cnn.com/2019/07/25/us/us-citizen-detained-texas/index.html

 

https://www.washingtonpost.com/outlook/2022/05/13/border-detentions-mistaken-identity-ice-cbp/

 

There was a whole thread somewhere on VJ where one of the former VJ members @Mike E gave a lot more examples of CBP detaining US citizens while figuring out whether they're US citizens and can be admitted.

 

CBP even published report on how many citizens were held in CBP custody over 24 hours.

 

 

CBP_-_U.S._Citizens_Held_in_CBP_Custody_0.pdf

Edited April 18 by OldUser

[Ontarkie 14,215]

~~Thread locked to further replies. The OP posted an update above about getting the passport. As this thread is now derailing and no longer needed to the OP it is locked to further replies.~~