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February 09, 2007

New Passport Requirements for U.S. Travel

On January 23, 2007, pursuant to the Western Hemisphere Travel Initiative (WHTI), ALL persons, including U.S. citizens, traveling by air between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda are now required to present a valid passport, Air NEXUS card, U.S. Coast Guard Merchant Mariner Document (MMD), or an Alien Registration Card, Form I-551, if applicable.

As early as January 1, 2008, ALL persons, including U.S. citizens, traveling between the U.S. and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea (including ferries), may be required to present a valid passport or other documents as determined by the Department of Homeland Security. While recent legislative changes permit a later deadline (e.g., June 1, 2009), the State Department and the Department of Homeland Security are working to meet all requirements as soon as possible. Advance notice will be provided to enable the public to obtain passports or passport cards to meet the land/sea border requirement.

The MMD (aka "zcard") is issued by the U.S. Coast Guard to U.S. Merchant Mariners. The NEXUS Air card is issued to citizens of Canada and the U.S., lawful permanent residents of the U.S., and permanent residents of Canada who meet certain eligibility requirements. The NEXUS Air card is only accepted when used in conjunction with the NEXUS Air program at certain airports. Legal permanent residents of the U.S. will continue to be able to use their Alien Registration Card (Form I-551) for readmission into the U.S. as a permanent resident. Mexican citizens that have a valid Border Crossing Card (BCC) are required to present a passport for air travel. These documentation requirements apply to children so that children will be required to present their own passport when entering the U.S. at airports.

Individuals who attempt to enter or re-enter the country without a passport or alternative travel document will likely be referred to secondary screening at the airport. Customs & Border Protection (CBP) officials will evaluate evidence of citizenship and identity to determine whether or not to admit the individual. CBP encourages all travelers to obtain the appropriate documents prior to any travel to avoid unnecessary delays upon return and readmission back into the U.S.

Recently, the State Department has proposed the development of a passport "card" for U.S. citizens with frequent cross border travel through land and sea ports of entry between the United States, Canada, Mexico, the Caribbean and Bermuda. The limited-use passport card will be adjudicated with the same standards as a traditional U.S. passport. The proposed rule indicates that the wallet-sized passport card would cost $10.00 for children, $20.00 for adults, plus a $25.00 execution fee. The passport card will incorporate cutting-edge technology which would use long-range, or vicinity, radio frequency identification (RFID) technology to link the card to a secure U.S. government database containing biographical information and a photograph.

Information about how U.S. citizens can obtain U.S. passports can be located through the following: the State Department's website at ; the U.S. Postal Service's website at ; or by calling the National Passport Information Center at 877-4USA-PPT.

More information on WHTI and these travel requirements can be found at the attached links:

U.S. Dept. of State: New Requirements for Travelers

U.S. Dept. of State: Frequently Asked Questions about the New Travel Document Requirements

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.