Recommended by the 9/11 commission, the Western Hemisphere Travel Initiative (WHTI) was initiated to strengthen U.S. border security. It will no longer be acceptable to simply provide a driver’s license, birth certificate or other similar non-approved documentation to enter the U.S.
While being phased in for particular types of travel, now all entries into the U.S. by air require a passport. Land and sea entries may use equivalent documents and there are exceptions for children under the age of 16 or student groups who may use their birth certificate for land entry.
Passports can be obtained by visiting the U.S. Department of State website at www.travel.state.gov or by going to the local post office for an application. You should allow at least 6-8 weeks for issuance of a passport but there are services which may be able to expedite your request. Since only about 25% of the U.S. population holds a passport, there is the likelihood that the waiting times for issuance could lengthen if demand starts to increase. Lawful permanent residents will still be able to use their permanent residency cards (I-551) for entry.
An attempt to enter without the proper documentation will result in the individual being referred to the U.S. Customs and Border Patrol (USCBP) for secondary inspection. CBP will then make a decision whether to allow entry after consulting the numerous databases at their disposal. Interestingly, visits to U. S. Territories such as Puerto Rico, Guam or the U.S. Virgin Islands will not require a passport for re-entry; however, if the traveler also visited a non-U.S. Territory, then a passport will be necessary.
In summary, for air travel a U.S. Passport or a NEXUS air card are required regardless of the age of the traveler. For land travel, a U.S. Passport, U.S. Passport Card, Enhanced Driver’s license or a Trusted Traveler Program card is required. For a port of entry by sea, a U.S. Passport, U.S. Passport Card, Enhanced Driver’s license or a Trusted Traveler Program card is required as well. A closed loop cruise (one that begins and ends at a U.S. Port of Entry) can use a birth certificate or government issued I.D. You may still need a passport if there are other ports of call so it might just be easier to have a passport rather than multiple forms of identification.
Jeffrey L. Hays practices immigration law at Erwin, Martinkus & Cole, Ltd. And can answer questions concerning employment and family based issues.