Inspection of US Citizens on Return From Abroad - Did You Know?

Many U.S. citizens -- especially first time international travelers --, are very surprised to learn that immigration inspectors at U.S. airports also require U.S. citizens to go through inspection upon their return from abroad.

Officers of the Customs and Border Protection Service (CBP) are charged with maintaining U.S. national security and border integrity, keeping tabs on what people (and goods) are coming and going. CBP officers, stationed at various air-, land-, and seaports examine travellers seeking entry into the United States. When, in the course of a traveller's review, a CBP inspector is satisfied that an applicant for admission to the U.S. is a citizen of the United States, that examination, for entry purposes, is terminated.

Admissibility issues contained in the Immigration and Nationality Act (INA) are applicable only to non-U.S. citizens. Consequently, the examination of a person claiming to be a United States citizen is limited to matters required to establish present citizenship. Once CBP is satisfied the person being examined is a U.S. citizen, the examination is over.

CBP, howevr, has legal authority to temporarily detain a U.S. citizen under reasonable suspicion that the person is involved in illegal activity. If probable cause to arrest the U.S. citizen cannot be developed within a reasonable period of time, the person must be released.

One issue that arises frequently is that of dual-nationality. Although the United States does not formally recognize "dual nationality"; many other countries do. It is not unusual to encounter a United States citizen (even native born) possessing more than one nationality (i.e. more than 1 passport). For example, a child born in the United States to a foreign national may, under the laws of that country, be entitled to its parent's citizenship and be included in the parent's passport, particularly when the person is a young minor, not yet having his/her own passport. Under certain circumstances, that document may be used for identification and entry, if presented in conjunction with a birth certificate or other evidence of U.S. citizenship.

Even an expired United States passport can be shown to CBP as evidence of citizenship, as long as there is no indication that the passport holder has relinquished his/her U.S. citizenship.

A spouse, minor child, or minor unmarried sibling may be included on the passport of a U.S. citizen if such spouse, child, or sibling is also a U.S. citizen. In a situation where a passport is required for travel, a passport is valid for the reentry of the dependent only if accompanying the principal passport holder. A dependent may, however, present such a passport as evidence of citizenship when returning from a place where no U.S. passport is required.

If CBP is satisfied that the person is a United States citizen, even though the person may not be able to show a passport or other evidence of citizenship, CBP will advise the individual of the necessity of having a valid U.S. passport. Technically CBP would be waiving the general passport requirement for the Department of State. Other common documents that may help to establish United States citizenship include the following:

1) A Certificate of Naturalization,

(2) A Certificate of Citizenship,

(3) Citizen's identification cards (Forms I-179 or I-197),

(4) State Department Certificates of Identity and Registration (Forms FS-225 and FS-225A),

(5) The U.S. Coast Guard Mariner's Document indicating U.S. nationality ("Z-card"),

(6) Birth Certificate showing a place of birth in the U.S. accompanied by good identification, and

(7) Baptismal certificates or other forms of secondary evidence of U.S. citizenship.

Please note that according to government sources, most documented false claims to U.S. citizenship will be carrying birth certificates, baptismal certificates, or both. These documents can often be most easily obtained, altered, or manufactured.

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