22 C.F.R. PART 53—PASSPORT REQUIREMENT AND EXCEPTIONS


Title 22 - Foreign Relations


Title 22: Foreign Relations

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PART 53—PASSPORT REQUIREMENT AND EXCEPTIONS

Section Contents
§ 53.1   Passport requirement.
§ 53.2   Exceptions.
§ 53.3   Attempt of a citizen to enter without a valid passport.
§ 53.4   Optional use of a valid passport.


Authority:  8 U.S.C. 1185; Proc. 3004, 18 FR 489, 3 CFR, 1949–1953 Comp., p. 180.

Source:  31 FR 13546, Oct. 20, 1966, unless otherwise noted.

§ 53.1   Passport requirement.
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Under section 215(b) of the Immigration and Nationality Act (8 U.S.C. 1185(b), it is unlawful except as otherwise provided for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States without a valid passport.

§ 53.2   Exceptions.
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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.
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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.
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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.

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