Can my husband travel to China with me using his Chilean passport?

Can my husband travel to China with me using his Chilean passport? - Positive woman with passport using laptop on luggage in airport

My husband has dual citizenship. He has a Chilean passport and a USA passport. His USA passport has expired and they wont issue him one unless he pays his back child support all in full.

My question: Can he travel to China with me for a visit and use his Chilean passport and come back to the US with that passport without issues?



Best Answer

As long as China will issue a visa on his Chilean passport (and they might have questions about his status in the US and why he's not using his US passport if he is applying at a Chinese consulate in the US), he should have no problem traveling leaving the US and entering China, as well as exiting China, on his Chilean passport (once China's COVID-19 entry restrictions for foreigners are lifted).

As for entering the US (or more importantly, getting the airline to let him board a flight to the US), he will likely need a US passport. Although as a US citizen with proof of US citizenship, he cannot be denied entry to the US if he makes it to a port of entry, airlines are not supposed to let him board without one of the allowed documents. As a US citizen, he is not eligible for a US visa, and may have trouble getting an ESTA on his Chilean passport (although some US dual nationals have reported success).

Although he cannot be issued a regular US passport due to back child support, he can still be issued a limited US passport that is valid for direct return to the US. See archived 7 FAM 1387.2(e):

Issuance of Limited Passport for Direct Return to United States: Passport services for individuals with P/H Lookouts who are overseas are restricted to issuance of a passport limited to the time required for travel to the United States, generally just a few days and no longer than two weeks. The applicant is charged a fee for this passport, unless one of the exemptions provided in 7 FAM 1350 Appendix G applies. Endorsement code 105 must be used for all child support arrearage cases. (See 7 FAM 1300 Appendix B, Endorsement Codes.)

(SBU) Endorsement 105

“THIS PASSPORT IS VALID ONLY FOR RETURN TO THE UNITED STATES BEFORE (month day, year). IT CANNOT BE EXTENDED.”

and archived 7 FAM 1365 for more information on emergency passports.

So it seems he could go to a US consulate in China right before his intended return to get a very short duration limited US passport for return to the US.

If he can't get a US passport, and he can make it to Canada or Mexico (which Chilean citizens can normally visit without a visa, though COVID-19 might make this more difficult), another option is for him to go to Canada or Mexico first and then cross the land border into the US with proof of his US citizenship, and not worry about airlines not letting him board.




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How many countries can you visit with a Chilean passport?

The Chile passport ranking is 19; the number of visa free destinations accessible with a Chile passport is 173. Please note, the list of visa-free countries is calculated to reflect the number of countries Chile passport holders can enter without a visa, through a visa on arrival, and through the eTA.

Where can you go with a Chilean passport?

Chilean passport holders have visa-free access and visas on arrival to countries such as the United Kingdom, United Arab Emirates, Russia, United States and the entire European Union. This allows almost instant travel opportunities worldwide.

Who can enter China without a visa?

A citizen of Singapore, Brunei or Japan with an ordinary passport is exempted from a visa if he or she visits China's mainland for tourism, business, or meeting with friends or relatives, and if he or she enters China through ports open to foreigners, and stays for no more than 15 days.

Does Chile allow dual citizenship?

Chile recently authorized dual citizenship. From Chile's point of view, foreigners who decide to opt for Chilean nationality may keep their original nationality.



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