As I mentioned earlier, the case I read about involved a dual Israeli citizen, and because he did not have a US passport at all, the American CBP put him on the next flight back.
There’s a distinction to be made between countries that don’t care about dual citizenship and those that actively ignore that such a situation exists. (As the example if Chinese exit controls) Canada really couldn’t care on way or the other about my British citizenship, for example. I shudder to think if Canada acted like that, considering how many Canadians are either born abroad or children of those born abroad. (Rafael “Ted” Cruz comes to mind)
My understanding is that a carrier that brings someone to the USA without the proper documents is liable to take them back and possibly also may face a fine.
I wonder what happens to someone with a foreign passport if they are charged with a crime and onn bail ordered to surrender their passport? AFAIK the passport is considered the property of the issuing state, can America take and hold another country’s passport?
According to my coworker, who has revoked his U.S. citizenship, immigration checks the location of birth on all passports. As soon as that location is in the U.S., the passport holder has to carry a Certificate of Loss of Nationality (CLN) to show that they are no longer a U.S. citizen.
Anybody who is not a U.S. citizen needs either a visa or must complete a ESTA (Electronic System for Travel Authorization). So I would wonder about somebody who chooses to use their non-US passport to enter the US, if they have a US passport.
Friend of mine carries passports from Brazil and Italy. The Brazilian passport is only an advantage in South America, plus she has to use it for entering Brazil. For everywhere else, she only uses her Italian passport.
Wow, this happened something like 40 years ago and I wasn’t directly involved, but when I went to France in the early 1980’s one of the girls with the group had her purse - which included all her ID and passport - stolen on the Paris Metro. She went to the US embassy and had trouble getting in. There was something about the other three people she was with (who still had their ID’s and passports) having to vouch for her. The embassy issued some sort of emergency papers for her. Obviously, I’m fuzzy on the details after all this time but if 40 years ago there was a way to deal with this I’m sure there is still a process, although some details have no doubt changed.
My big take-away: do not keep your ID & passport in the same bag as your back up copies of your ID & passport. Yes, yes, we were told that before we left the US, and I did so, but it really underlined the why of that rule.
There is still the solution for emergency papers, but that’s normally for tourists who get robbed, or someone who needs to travel urgently. Fo someone who justs wants to visit, they would have to go through the normal process.
Which reminds me, I don’t think our employer has copies of our new passports. Our residence permits, which allow us to work and live in Switzerland, are dependent on having valid passports. I think that in BC (before Covid) there was someone in HR tracking such information. When our permits expired we got an email from HR asking for copies of our new permits.
Ted surrendered his Canadian citizenship when he was running for Prez in 2016. Maintained that he did not know he was Canadian, and when he was alerted, recoiled in horror from his socialist heritage.
“Socialist heritage”? His father was from Cuba. Canada is just honorable mention.
Canadians (and Mexicans?) do not need a US visa for tourist visits of less than 90 days because of NAFTA, AFAIK. I’ve never applied for one.
One thing I’ve read is that Americans who have renounced their citizenship are not allowed to be in the USA more than 30 days a year - basically you can’t renounce your citizenship (usually for tax purposes) and enjoy the extended benefit of their free and fabulous country.
[continuing hijack] This reminds me of the Australian I knew. Along with his wife and two children, he spent a year in the US, during which they had a third child. When the child was born, they had her added on the wife’s (this was standard back in the 60s) and also got her a US passport since someone advised them to. On returning to Australia, the airline gate agent asked for their visas since the US doesn’t do any exit control.* Noting that there five travelers but only 4 visas, he asked what the story was. They explained that their daughter was US born and showed the passport. "Oh but then she needs an Australian visa.’ “No, she doesn’t, she is an Australian citizen.” “Then I need a US visa for her.” “But she was born in the US.” “Look she cannot get on the plane without either a US visa or an Australian visa.” Apparently, this argument went on for the better part of an hour and then the gate agent gave up.
*It’s standard (or was) that the airline gate agent collects the original entry visas and sends them to the State Department. I guess this is so they can be assured that the visas were not overstayed.
This became an issue for Boris Johnson, who was entitled to a US passport but travels on a British one. I seem to remember an incident where he was refused entry to the US.
Suppose a criminal with a very common name (“John Smith”) knows he has a warrant for his arrest in America under his US passport, but enters under his, say, Australian passport, how likely are the U.S. authorities to recognize that it’s the same John Smith?
I can’t see this happening with the wife. At least, not entering the US. She would have to arrange a visa to the US for her Thai passport, and I think that would be scotched in the very early stages once they realized her dual citizenship.
She could use her US passport for getting into Thailand, as Americans can obtain a Tourist visa on arrival. Might get amusing if they started hunting for her.
The ramifications would he that he or she has committed a crime.
(b) Citizens
Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.
1994 US Code
Title 8 - ALIENS AND NATIONALITY
CHAPTER 11 - NATIONALITY
SUBCHAPTER II_2 - SUBCHAPTER II-IMMIGRATION
Part II - Admission Qualifications for Aliens; Travel Control of Citizens and Aliens
Sec. 1185 - Travel control of citizens and aliens
I would imagine that citizens who have expired passport can talk to an embassy and that would fall under the 'as otherwise ise provided ’ phrasing.
As for the penalty, not sure , but as a wild guess you could be in hot water under
10 years as you would likely be making “a false statement under oath in any document required by the immigration laws”
If you would actually get charged or just a serious talking to , not at all sure , but it seams like a really bad idea.
Also when you get us citizenship. you do provide a lot of information, name, date of birth, place of birth, which is also on the foreign passport. So if some one turns up with same name, date of birth and place of birth as a US citizen, I would imagine it will get picked up on and at least a trip to secondary processing for them.
Also there maybe records linking their previous passport , the the visa they had, then the green card they had, then the transfer to citizenship which will turn up on a secondary screening. If the immigration dont like the situation, they can get sent back with no need for a reason or justification and saying ’ you cant send me back I am a us citizen at that point would be unwise.
The comment you were remembering was something which happened to my old workmate.
Though if I recall correctly, he was using a UK passport (Mum was British) when he was turned back.
In the years since the episode (2009 or so) he has moved to LA after falling in love with an American doctor, so presumably he does have a US passport now.
The word “bears” in plain English mean carries rather than shows. Taken literally, this does not prohibit showing an alternative travel document provided that you are also carrying a valid U.S. passport. I would not nitpick this, except for the fact that the statute also says “depart from or enter”, and in practice there is no requirement to show your passport when leaving the U.S. - this would appear to undermine an interpretation that “bears” implies that you must show it.
I’m not disagreeing with you that it’s a bad idea, but it does seem rather unclear what the penalty is, provided you never misrepresent your status if actually asked by immigration officer.
ETA: If you present a foreign passport, doesn’t the immigration officer invariably ask you the purpose of your visit and how long you plan to stay? So it does seem to me that it would be extremely difficult for a U.S. citizen to pass through immigration showing a foreign passport without making a false statement. For which the penalties are clear.
I don’t think it has anything to do with NAFTA. Canadians and Americans have always been able to travel pretty freely between the two countries as tourists. For business purposes you technically need a visa, but for many purposes like a Canadian traveling to the US to conduct business on behalf of a Canadian company, the “visa” is just a different stamp the immigration officer puts in your passport, not something you actually apply for. NAFTA does provide for a special category of work visa called a TN visa for certain qualified professionals, which is actually applied for at the Port of Entry (airport), but this is much more of a formal process involving lots of forms and lots of time. Beyond that, of course, both the US and Canada each have a huge list of regular visas that you do have to apply for in advance.
Probably quite true. I know for a fact that US policy states that dual citizens must use their US passport to enter the US, but I don’t personally know for a fact how strictly that’s enforced.
My brother is a dual US-Canadian citizen born in Canada, and at one point he let his Canadian passport lapse. For years he came for visits to Canada on his US passport without any issues, so perhaps Canada isn’t quite so strict about this.
If you’re a dual US-Canadian living in Canada, wouldn’t be a problem if you’re just going to Disneyland or some other touristy thing for a week, then returning to Canada. No false statement needed.
Ah, yes - that’s a good point. I was thinking more of the situation where it’s a U.S. citizen who lives in the U.S., since the issue was brought up of whether someone would get flagged for apparently overstaying the length of time a non-citizen is allowed to visit.
