Peter

Me and my family are planning on going home to Australia at the end of August. My kids are US citizens, though I've registered them as Aussies as well. My question is: is it absolutely compulsory and without question that I must have US passports for my kids to leave the US?

Will they be prevented from leaving the US without them?

Englishmum

Are you going home to Oz for good or are you just going on holiday there? I can see how expensive it would be to get US passports for your children on a one-way trip if they're not even likely to return to the States before the passports expire. On the UK british-info website it actually warns about dual nationals needing to leave and enter the US on American passports though. (http://www.britainusa.com/consular/dualnata.asp)

Perhaps you will also find this warning on the Australian Embassy information pages?








You might also want to post your question on:

http://www.australiansabroad.com

Peter

Exactly. I'm trying to save every cent I can and if I can avoid US$140 or so on passports my kids will use once, then I will.

Thnaks ofr the link; I'll check it out!

lairdside

I can't see that they'd be prevented from leaving the US. However, most US Citizens are required to use their US passports when leaving and entering the US (Section 215 of the Immigration and Nationality Act (8 U.S.C. 1185) although I do not believe that it is considered to be one of the seven expatriating acts?

I'd check that they wouldn't fall foul on this point.

lairdside

Here's the cite from the US Code. I will have to dig a bit to find out what the penalty is though, it just says that it is unlawful.

(b) Citizens



Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.

I also wonder if there would be any provision for minors.....

lairdside

Upon looking briefly I can't see any applicable exceptions:

22 CFR Ch. I (4–1–03 Edition) § 53.2
§ 53.2 Exceptions.
A U.S. citizen is not required to bear
a valid passport to enter or depart the
United States:
(a) When traveling directly between
parts of the United States as defined in
§ 50.1 of this chapter;
(b) When traveling between the
United States and any country, territory,
or island adjacent thereto in
North, South or Central America excluding
Cuba; provided, that this exception
is not applicable to any such
person when proceeding to or arriving
from a place outside the United States
for which a valid passport is required
under this part if such travel is accomplished
within 60 days of departure
from the United States via any country
or territory in North, South or Central
America or any island adjacent thereto;
(c) When traveling as a bona fide seaman
or air crewman who is the holder
of record of a valid merchant mariner
identification document or air crewman
identification card;
(d) When traveling as a member of
the Armed Forces of the United States
on active duty;
(e) When he is under 21 years of age
and is a member of the household of an
official or employee of a foreign government
or of the United Nations and
is in possession of or included in a foreign
passport;
(f) When he is a child under 12 years
of age and is included in the foreign
passport of an alien parent; however,
such child will be required to provide
evidence of his U.S. citizenship when
entering the United States;
(g) When the citizen entering the
United States presents a card of identity
and registration issued by a consular
office abroad to facilitate travel
to the United States; or
(h) When specifically authorized by
the Secretary of State through appropriate
official channels to depart from
or enter the United States, as defined
in § 50.1 of this chapter. The fee for a
waiver of the passport requirement
under this section shall be collected in
the amount prescribed in the Schedule
of Fees for Consular Services (22 CFR
22.1).
[31 FR 13546, Oct. 20, 1966, as amended at 37
FR 11459, June 8, 1972; 51 FR 26247, July 22,
1986]
§ 53.3 Attempt of a citizen to enter
without a valid passport.
The appropriate officer at the port of
entry shall report to the Secretary of
State for the purpose of invoking the
waiver provisions of § 53.2(h), any citizen
of the United States who attempts
to enter the United States contrary to
the provisions of this part.
§ 53.4 Optional use of a valid passport.
Nothing in this part shall be construed
to prevent a citizen from using
a valid passport in a case in which that
passport is not required by this part 53,
provided such travel is not otherwise
prohibited.

http://a257.g.akamaitech.net/7/257/2.../22cfr53.3.pdf

Peter

Hmmm, I do know Americans can come and go places without them; Jamaica, Mexico, etc.

To hell with it, I'm not risking missing my flight due to a technicality. I'll cough up the $140 and get my kids US passports.

lairdside

Yup, there are quite a few countries are covered as exceptions by paragraph (b).