travel on non us passport while waiting for US passport to be processed

#1
HI
Can one travel on their foreign passport while their US passport is being processed.

I ask this because in light of current situation it is taking several months to process an US passport.

So in case of an emergency can the child who has acquired citizenship under INA 320 is waiting for their passport travel on their foreign passport
 

Sm1smom

Super Moderator
#7
i do not understand is the stamp not valid for an year?
If your child has already acquired US citizenship, they’re no longer eligible to use the I-551 stamp on the passport even if the date on it is not expired. That stamp is an equivalent GC, a USC cannot travel on a GC.
 
#11

newacct

Well-Known Member
#12
If your child has already acquired US citizenship, they’re no longer eligible to use the I-551 stamp on the passport even if the date on it is not expired. That stamp is an equivalent GC, a USC cannot travel on a GC.
But if the child is a USC, then the child cannot be denied entry to the US no matter what. So either way the child can enter -- if the child is an LPR, they can enter on the I-551; if the child is a USC, they can enter.

Plus, I don't think the immigration officers will adjudicate the nuances of whether INA 320 was met, at the port of entry.
 

SusieQQQ

Well-Known Member
#13
No one said nuances of 320 would be adjudicated on entry. It was the documentation for citizenship that might be the issue on that front - they have yet to apply for that (which was the original question: yes they can’t deny entry to usc, but here parents want to present foreign born USC with no proof of that fact). But they can get a US passport within 72 hours for an emergency with ticket showing return (the ticket must reflect the emergency situation anyway so presume it will), so that shouldn’t be an issue anyway.
 
#14
But if the child is a USC, then the child cannot be denied entry to the US no matter what. So either way the child can enter -- if the child is an LPR, they can enter on the I-551; if the child is a USC, they can enter.

Plus, I don't think the immigration officers will adjudicate the nuances of whether INA 320 was met, at the port of entry.
My main doubt is ..

is it legal for him to travel on his foreign passport while waiting for his US passport in an emergency just because the stamp is still valid. because the child is automatically a citizen and US requires those with multiple passports from other countries that permit dual citizenship to enter the US on an US passport. Hence the question
 

newacct

Well-Known Member
#15
My main doubt is ..

is it legal for him to travel on his foreign passport while waiting for his US passport in an emergency just because the stamp is still valid. because the child is automatically a citizen and US requires those with multiple passports from other countries that permit dual citizenship to enter the US on an US passport. Hence the question
It's "unlawful" for a US citizen to enter or leave the US without a US passport, but there is no consequence for violating this law, for either entering or leaving.
 

Fin

Registered Users (C)
#17
Some people may not like my response but if the child has a I-551 and has derived citizenship and you are unable to get a passport due to COVID closures, you can just enter with I-551 and feign ignorance. The CBP will let the child enter on a GC or if they figure out that he/she is a USC, will tell you so and let them enter as USC. In either case the child will not be denied entry and you can always say that you didn’t know that they got citizenship automatically. In fact there are many people who have derived citizenship and are completely unaware of it. I personally know 3 siblings who exited and entered several times on GC and didn’t know that they automatically became citizens with their parents until the eldest one tried to apply for citizenship and was told that he and his siblings were already citizens.
 
#19
Thank you all for posting

My main question was is it legal or not. From these discussions it seems that it is illegal to leave and enter the States without a US Passport given that he is now a citizen.

I guess my question arises from this ambiguity or my lack of understanding the following

1. The child is a citizen when he is residing in the US.
2. The child is not required to spend a stipulated amount of time to retain the citizenship thus acquired
but also recently

INA 320 does not apply for short visits.??? So if he chooses to travel now would that change the acquiring of his citizenship
 

newacct

Well-Known Member
#20
Citizenship is automatic when all the conditions are met, i.e. he is a permanent resident, under 18, and residing in the US in the custody of a US citizen parent. Once he has citizenship, he cannot involuntarily lose it; he does not need to do anything to "retain" it. Whether he was residing in the US on a given date is determined based on the facts of the situation as of that date, and not influenced by future events.
 
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