Urgent* travel to US on Indian passport after oath*

[ebs2cloud]

Guys, I am in a fix and would truly appreciate any inputs from you. My spouse takes oath on 20th Jan(friday) and we need to immediately travel to US on 23rd Jan(Monday). I have following questions:-

1. Can she use Indian passport to travel to US after Oath? I read some information on 3 month grace period but couldn't find any credible source. Please help.

2. Even if she is able to travel, how can she return back to Canada? Can I use Indian passport to do so.

3. Has anybody done so in the past?

Thanks!

 

[abbas.pasha]

Guys, I am in a fix and would truly appreciate any inputs from you. My spouse takes oath on 20th Jan(friday) and we need to immediately travel to US on 23rd Jan(Monday). I have following questions:-

1. Can she use Indian passport to travel to US after Oath? I read some information on 3 month grace period but couldn't find any credible source. Please help.

2. Even if she is able to travel, how can she return back to Canada? Can I use Indian passport to do so.

3. Has anybody done so in the past?

Thanks!

https://eoi.gov.in/eoisearch/MyPrint.php?0834?001/0005
A grace period of three months is allowed from the date of acquisition of foreign citizenship, for the purpose of travel on an Indian Passport. Therefore, no penalty will be leviable for travel on an Indian passport within three months of acquisition of a foreign passport.

She can travel on Indian passport as per the above, but she cannot return back to Canada since the PR card will be cut during the Oath ceremony.

 

[ishangodbole]

https://eoi.gov.in/eoisearch/MyPrint.php?0834?001/0005
A grace period of three months is allowed from the date of acquisition of foreign citizenship, for the purpose of travel on an Indian Passport. Therefore, no penalty will be leviable for travel on an Indian passport within three months of acquisition of a foreign passport.

She can travel on Indian passport as per the above, but she cannot return back to Canada since the PR card will be cut during the Oath ceremony.

She can travel back using land border in a private vehicle/crossing on foot.

 

[abbas.pasha]

She can travel back using land border in a private vehicle/crossing on foot.

Someone who has done that should advise...
Also for this to happen they need Citizenship Certificate as well, which may or may not be available after the Oath as it takes a few days/weeks to get it delivered...

 

[ishangodbole]

Someone who has done that should advise...
Also for this to happen they need Citizenship Certificate as well, which may or may not be available after the Oath as it takes a few days/weeks to get it delivered...

Certificate not really needed. They just need to establish identity which can be Indian passport. Once established, Canadians cannot be denied entry by CBSA at the port of entry. I am sure @dpenabill can add more insight here.

 

[abbas.pasha]

Certificate not really needed. They just need to establish identity which can be Indian passport. Once established, Canadians cannot be denied entry by CBSA at the port of entry. I am sure @dpenabill can add more insight here.

What you wrote above does not add up. CBSA establishing identity for being a Canadian using Indian passport ?

 

[ishangodbole]

What you wrote above does not add up. CBSA establishing identity for being a Canadian using Indian passport ?

Correct. Indian passport is an acceptable WHTI document. They only need to know you are who you claim you are. Their database will let them know you are a Canadian citizen.

 

[phoenixsong]

We are in a similar situation as the OP.

I understand we can leave and use the Indian PP for 3 months, but would love to know if someone has entered CA after citizenship oath without the certificate. We are now in US and we can do the crossing by land border.

 

[abbas.pasha]

Correct. Indian passport is an acceptable WHTI document. They only need to know you are who you claim you are. Their database will let them know you are a Canadian citizen.

I am not sure that's accurate...
This is what I read from the CBP link below...
https://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative

• U.S. and Canadian citizen children under the age of 16 (or under 19, if traveling with a school, religious group, or other youth group) need only present a birth certificate or other proof of citizenship. The birth certificate can be original, photocopy, or certified copy.
• Canadian citizens can present a valid passport, Enhanced Driver’s License, or Trusted Traveler Program card (NEXUS, SENTRI or FAST).

The birth certificate imho should be a Canadian one. If you are a naturalized citizen then birth certificate will not be considered.
Canadian citizen presenting a valid passport imo should be a Canadian one and not an Indian one...

 

[armoured]

The birth certificate imho should be a Canadian one. If you are a naturalized citizen then birth certificate will not be considered.
Canadian citizen presenting a valid passport imo should be a Canadian one and not an Indian one...

This is what CBSA recommends. They of course want everyone to travel with passport, etc.

But the truth is that if they do establish the traveller (at port of entry - reminder to anyone travelling by plane that if they don't let you board your plane, this doestn' help you at all) is a citizen or PR, they must let you in.

And again, reality is that most of the time (basically always) they can identify by your foreign passport and/or other ID. It really helps to have your UCI# (like photocopy of old PR card or something like that) because the unique client identifier # ... uniquely identifies you.

That said: I'd strongly recommend that anyone doing this bring other ID and stuff with them (Cnadian driver's license, copy of old PR card, anything with UCI, anything that shows you recently took the oath, etc). This will go a long way to convincing the CBSA officer that you are indeed a PR/Citizen, that you live in Canada, and that you aren't playing games.

If you just got citizenship and tell them that's why you dont' have either the certificate or the passport but had to travel for some urgent reason - well more likely you'll get some understanding.

[If youv'e changed your name multiple times or other things are out of order ... well, more chance of issues.]

 

[akbardxb]

Guys, I am in a fix and would truly appreciate any inputs from you. My spouse takes oath on 20th Jan(friday) and we need to immediately travel to US on 23rd Jan(Monday). I have following questions:-

1. Can she use Indian passport to travel to US after Oath? I read some information on 3 month grace period but couldn't find any credible source. Please help.

2. Even if she is able to travel, how can she return back to Canada? Can I use Indian passport to do so.

3. Has anybody done so in the past?

Thanks!

May I suggest writing to the High Commission / Consulate and asking them to clarify the 3 month rule. I have trust issues with anything GOI babus say. The last thing you want is they seeing a stamp on your Indian PP when you surrender it, which is after your citizenship date.

 

[abbas.pasha]

This is what CBSA recommends. They of course want everyone to travel with passport, etc.

But the truth is that if they do establish the traveller (at port of entry - reminder to anyone travelling by plane that if they don't let you board your plane, this doestn' help you at all) is a citizen or PR, they must let you in.

And again, reality is that most of the time (basically always) they can identify by your foreign passport and/or other ID. It really helps to have your UCI# (like photocopy of old PR card or something like that) because the unique client identifier # ... uniquely identifies you.

That said: I'd strongly recommend that anyone doing this bring other ID and stuff with them (Cnadian driver's license, copy of old PR card, anything with UCI, anything that shows you recently took the oath, etc). This will go a long way to convincing the CBSA officer that you are indeed a PR/Citizen, that you live in Canada, and that you aren't playing games.

If you just got citizenship and tell them that's why you dont' have either the certificate or the passport but had to travel for some urgent reason - well more likely you'll get some understanding.

[If youv'e changed your name multiple times or other things are out of order ... well, more chance of issues.]

There are so many Ifs and buts in your msg that OP will have even more questions..

 

[ishangodbole]

There are so many Ifs and buts in your msg that OP will have even more questions..

Well, the underlining fact remains that you don't need Canadian passport nor certificate to come back to Canada via land border (private travel). Indian passport or any other form of ID will be sufficient.

 

[ishangodbole]

I am not sure that's accurate...
This is what I read from the CBP link below...
https://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative

• U.S. and Canadian citizen children under the age of 16 (or under 19, if traveling with a school, religious group, or other youth group) need only present a birth certificate or other proof of citizenship. The birth certificate can be original, photocopy, or certified copy.
• Canadian citizens can present a valid passport, Enhanced Driver’s License, or Trusted Traveler Program card (NEXUS, SENTRI or FAST).

The birth certificate imho should be a Canadian one. If you are a naturalized citizen then birth certificate will not be considered.
Canadian citizen presenting a valid passport imo should be a Canadian one and not an Indian one...

Why are you quoting CBP's website when we are talking about entry into Canada?

 

[abbas.pasha]

Well, the underlining fact remains that you don't need Canadian passport nor certificate to come back to Canada via land border (private travel). Indian passport or any other form of ID will be sufficient.

Do you have any link that you can refer this ?