Do I need a Passport?

Wednesday, April 16, 2008
Contributed by: Nick Nevarez Jr.

U.S. citizens and lawful permanent residents ("LPR") often wonder whether a passport is necessary to travel abroad. According to Homeland Security, all U.S. citizens, including children, must present a passport or secured travel document when entering the United States by air. Further, beginning January 31, 2008, the United States will end the practice of accepting oral declarations of citizenship at the border when traveling by land or sea. U.S. citizens ages 19 or older must present documentation that proves both identity and citizenship. Identification documents must include a photo, name, and date of birth. A complete list of acceptable documents is available at www.cbp.gov. Further, all children ages 18 and under will only be required to present proof of citizenship, such as a birth certificate.

Conversely, LPR's or "green card holders" may leave the U.S. multiple times and re-enter so long as he or she does not intend to stay outside the U.S. for a year or more. If you are a green card holder, and you do not stay outside the U.S. for a year or more, you should have either your green card (INS Form I-551) or your returning resident Visa to re-enter the U.S. You are not required to present your un-expired passport; however, it is not a bad idea to carry it with you. If you intend to stay outside the U.S. for one year or more, you must apply for a re-entry permit with the USCIS prior to leaving the U.S. Re-entering permits are generally valid for 2 years from the date of issuance. Therefore, if you are outside the U.S. longer than the date the permit was issued, you may be denied entry into the U.S. If you are required to file documents prior to leaving the U.S., it is imperative that you do so; otherwise, you may be found inadmissible and denied re-entry into the U.S.

LPR's, refugees, and asylees (of the U.S.) will continue to be able to use their Alien Registration Cards (Form I-551), in lieu of a passport issued by DHS, or the LPR may use the Travel Document issued to those with refugee or asylee status to apply for entry into the U.S.

Simply put, the safest and best way to travel for U.S. citizens is to get a passport. For LPR's, it is wise to consider naturalization as an alternative to solely traveling with his or her green card (Form I-551).

This column is published for informational purposes only. It should not be construed as legal advice and is not intended to create an attorney client relationship. The views expressed are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.