News & Publications

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Garvey Schubert Barer Legal Update, August 14, 2007.

Don't be one of the people, including U.S. citizens, who may become "stranded" in Canada, Mexico or elsewhere due to lack of a required document for return to the U.S. The Western Hemisphere Travel Initiative (WHTI) added a new layer of documentation requirements in January 2007 and again in 2008. This travel update provides you with information you can use to get your travel documentation in order.

Document Requirements for Entry to the U.S. by Air (Current and Continuing)

ALL persons, including U.S. citizens, traveling by air to the U.S. from Canada, Mexico, Central and South America, the Caribbean, or Bermuda are required to present a

• Valid passport,* or
• NEXUS Air card, or
• U.S. Coast Guard Merchant Mariner Document (MMD).

The MMD or "z-card" issued by the U.S. Coast Guard is acceptable for use under the WHTI by U.S. citizen merchant mariners traveling on official business.

An individual traveling as a member of the U.S. armed forces on active duty is not required to present a valid passport to enter or depart the United States.

Document Requirements for Entry to the U.S. by Land or Sea as of January 31, 2008

On and after January 31, 2008, all adult travelers must present proof of citizenship and identity when entering the U.S. through a land or sea border. Citizenship and identity can be established by presentation of a single document, such as a passport or trusted traveler program card, or by presentation of multiple documents, such as a birth certificate, and proof of identity, such as a driver's license.

• Oral declarations of citizenship alone will no longer be accepted
• Passports and trusted traveler program cards – NEXUS, SENTRI and FAST – will continue to be accepted for cross-border travel
• U.S. and Canadian citizens
  • ages 19 and older may present a government-issued photo ID, such as a driver’s license, along with proof of citizenship, such as a birth certificate or naturalization certificate
  • ages 18 and under will only be required to present proof of citizenship, such as a birth certificate
• Mexican nationals, regardless of age, must present a passport issued by the Government of Mexico and a visa for entry by air and for border crossings if travel into the U.S. beyond the border region will occur. A Form DSP-150, B-1/B-2 laser visa (Border Crossing Card) may be used as a visa. A valid Border Crossing Card may be presented without a passport for land border crossings within the border region.
• Residents of Washington State may use that state's Enhanced Driver License / ID Card as an approved alternative to a passport for re-entry into the U.S at land and sea borders between the U.S., Canada, Mexico, Bermuda, and the Caribbean. Visit http://www.dol.wa.gov for more information about this specialized document.

All existing nonimmigrant visa and passport requirements remain in effect and are not altered by these changes. Please be reminded that children not traveling with both parents should carry a notarized document from any non-present parent that confirms that parent’s understanding of and agreement to that particular travel.

Applying for a U.S. Passport

The government anticipates that the increased demand for passports, coupled with the more complicated production requirements of the new Electronic Passport (a regular passport with the addition of a small integrated circuit embedded in the back cover) will cause an average of up to six (6) weeks for production of passports. Requests for expedited issuance are accepted, but it may still take up to two (2) weeks or longer for issuance, with a cost of an additional $60 per application.

First-time and other In-Person Filings

First time applicants must go in person to one of 9,000 passport acceptance facilities located throughout the U.S. with two passport-style photographs, proof of U.S. citizenship, and a valid form of photo identification such as a driver's license. To find the nearest location to apply for a passport go to http://iafdb.travel.state.gov.

In-person application is required for: first time applicants; those not in possession of an expired U.S. passport; if the previous U.S. passport has expired and was issued more than 15 years ago; if the previous U.S. passport was issued when the holder was under age 16; or if the currently valid U.S. passport has been lost or stolen. Fees total $100 for those age 16 and older, or $85 for those under age 16. For more information on getting a new passport, go to http://travel.state.gov/passport/get/first/first_832.html.

Renewal by Mail

Others can renew by mail if: the most recent passport is available to submit and it is not damaged; the holder received the passport within the past 15 years; the holder was over age 16 when it was issued; and the holder still has the same name as on the passport or can legally document the name change. The mail-in process is not available to those whose passport has been altered or damaged. The passport application fee is $75.

For more information on how to renew a passport or to download a passport renewal application form, go to http://travel.state.gov/passport/get/renew/renew_833.html.

NEXUS Air and other Trusted Traveler Programs

NEXUS is a trusted traveler program operated by the U.S. Customs and Border Protection (CBP) and the Canada Border Services Agency (CBSA). NEXUS allows pre-approved, low-risk travelers shorter processing time when traveling between the U.S. and Canada.

There are currently three components of the NEXUS program: NEXUS Air, which is available at the Vancouver, Calgary, Edmonton, Winnipeg, Toronto, Montreal, Ottawa and Halifax International Airports; NEXUS Marine, which is available at designated locations in the Great Lakes and Seattle, Washington regions; and NEXUS Highway, with designated commuter lanes at 11 land border crossing points between the U.S. and Canada. The NEXUS program is being harmonized into a single program from the existing three programs – air, land and marine. Because of this harmonization, it is anticipated that any NEXUS membership will also fulfill the travel document requirements (NEXUS Air) of the WHTI. But the WHTI requirements may initially allow use of the NEXUS Air card only in conjunction with the NEXUS Air program at the listed Canadian International Airports.  Members in NEXUS Air can use the NEXUS self-service kiosks at participating airports when entering the U.S.

Trusted traveler programs – NEXUS, SENTRI (along the U.S./Mexico border) and FAST (for commercial vehicles along the U.S./Canada border) – will fulfill the document requirements under the WHTI for land and sea entries.

What Happens if no Accepted Document is Presented?

For the general public, people who apply for entry but do not have appropriate documentation will be referred for secondary screening at the port. In secondary screening, CBP officers will evaluate any evidence of citizenship or identity the individual may have and will verify all information against available databases. The new documentation requirements may be waived under certain circumstances. These exceptions include individual cases of unforeseen emergency and individual cases based on "humanitarian or national interest reasons."

The State Department has processes to assist U.S. citizens overseas to obtain emergency travel documentation for those with lost or stolen passports. In such cases, the individual should contact the closest U.S. Consulate General.

What's Next?

The next major change for WHTI is currently set for mid-2009.  Passports or "WHTI-compliant documents" (such as the NEXUS card) will be the requirement for any entry to the U.S., whether by air, land or sea.

This article is current and up-to-date as of February 1, 2008.

*The passport requirement does NOT apply to U.S. citizens traveling to or returning directly from a U.S. territory. U.S. citizens returning directly from a U.S. territory are not considered to have left the United States and do not need to present a passport. U.S. territories include the following: Guam, Puerto Rico, the U.S. Virgin Islands, American Samoa, Swains Island, and the Commonwealth of the Northern Mariana Islands.

Individuals who hold a specific legal status known as “Lawful Permanent Resident” can present a valid, unexpired Form I-551 (Permanent Resident Card) alone when applying for readmission to the U.S. after being absent from the U.S. for less than one year.

There have been no changes to visa requirements.