Dual Citizen Entering US using CA passport

[asharahmed]

Hi,

I'm a US-Canada dual citizen, but I reside in Canada. I was born in the United States. I am 17 years old, and my US passport expired when I was 12. Since then, I have been visiting the United States using my Canadian passport.

I was wondering about the legality and rules of this, as I am going to obtain a US passport, so once I have a US passport, even if I am visiting, I will enter using that passport, correct?

And when I return to Canada I similarly re-enter with my Canadian Passport?

 

[btbt]

Hi,

I'm a US-Canada dual citizen, but I reside in Canada. I was born in the United States. I am 17 years old, and my US passport expired when I was 12. Since then, I have been visiting the United States using my Canadian passport.

I was wondering about the legality and rules of this, as I am going to obtain a US passport, so once I have a US passport, even if I am visiting, I will enter using that passport, correct?

And when I return to Canada I similarly re-enter with my Canadian Passport?

Canada requires you to use your Canadian passport when entering Canada, but makes an exception for US-Canadian dual citizens travelling between Canada and the US (https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/dual-canadian-citizens-visit-canada.html).

You are meant to use your US passport when entering the US (https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html); it is unclear if the US has an exception for US-Canadian dual nationals.

The rules may be different for people who are minors. You can check the CBP site and the pages linked from IRCC page above to find more details about such policies, or you can hire a lawyer familiar with citizenship laws to clarify things for you.

 

[alphazip]

https://au.usembassy.gov/u-s-citizen-services/citizenship-services/dual-nationality/

"Dual Nationality – Use of Passports
If you are a U.S. citizen you must, by law, enter and depart the United States on a valid U.S. passport, regardless of age or possession of foreign passports. The details of this law can be found in U.S. Code Title 8, Chapter 12, Subchapter II, Part II, § 1185 paying particular attention to section (b) which details:

“…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.”

For this reason, all U.S. citizens are ineligible for a visa to the United States, including entering the United States on a foreign passport under the Visa Waiver Program."

If you enter the U.S. again (by land) and don't have a current U.S. passport, take your Canadian passport and expired U.S. passport and identify yourself as a U.S. citizen. Be prepared to spend extra time at the border, as you will likely be sent to secondary inspection and told that you need to renew your passport for future crossings.

 

[screech339]

Hi,

I'm a US-Canada dual citizen, but I reside in Canada. I was born in the United States. I am 17 years old, and my US passport expired when I was 12. Since then, I have been visiting the United States using my Canadian passport.

I was wondering about the legality and rules of this, as I am going to obtain a US passport, so once I have a US passport, even if I am visiting, I will enter using that passport, correct?

And when I return to Canada I similarly re-enter with my Canadian Passport?

You are expected to use your US passport or at least declare yourself as American to the US border. There was a case similar to yours. A couple of years ago, an American born dual was using his Canadian passport to enter US. The Border agents gave him a lot of trouble for using a Canadian Passport instead of US passport since the law does say that US citizens are to use US passport when entering US. They let him in as American and warned him not to repeat it again or he will be charged.

I think the only reason you are getting a pass on your travels to US with a Canadian passport is that you are still considered a minor (under 18).

 

[keesio]

US citizens need to use a US passport when entering the US. If you use a different passport because you don't have a US passport with you, you need to declare yourself as a US citizen and explain why you don't have your US passport with you. This should be enough most of the time unless you are unlucky and encounter an officer who is a hard-a$$ and decides to give you a hard time, like the example screech339 mentioned (but should still let you in).

I am a dual citizen and when I renewed my NEXUS membership, I was reminded by the US official that I need to use my US passport to enter the US.

 

[asharahmed]

You are expected to use your US passport or at least declare yourself as American to the US border. There was a case similar to yours. A couple of years ago, an American born dual was using his Canadian passport to enter US. The Border agents gave him a lot of trouble for using a Canadian Passport instead of US passport since the law does say that US citizens are to use US passport when entering US. They let him in as American and warned him not to repeat it again or he will be charged.

I think the only reason you are getting a pass on your travels to US with a Canadian passport is that you are still considered a minor (under 18).

Ah I see, I've brought this up with my parents (as I have only traveled with them thus far), and they basically have said "keep your mouth shut and nothing will happen, don't give them additional info and dig yourself into a hole".

Although now I realize, as I will be travelling independently, I must use my US passport or declare that I am a US national.

Honestly, I'm surprised, since they can see in "Place of Birth" it says USA, that they haven't asked any questions.

I'm just wondering a few more things: it's cool for me to leave on one passport and enter on another, right?
I've always thought that you had to leave and return on the same passport.

Also, it doesn't matter if I'm a non resident visiting the United States, I always use my American passport when entering the US?

 

[asharahmed]

US citizens need to use a US passport when entering the US. If you use a different passport because you don't have a US passport with you, you need to declare yourself as a US citizen and explain why you don't have your US passport with you. This should be enough most of the time unless you are unlucky and encounter an officer who is a hard-a$$ and decides to give you a hard time, like the example screech339 mentioned (but should still let you in).

I am a dual citizen and when I renewed my NEXUS membership, I was reminded by the US official that I need to use my US passport to enter the US.

I just applied for NEXUS! Had to use my Birth Certificate though since I don't have a valid US passport currently, although I plan on getting a US passport book and card.

Regarding the citizenship listed on the card, did they let you choose? Or do they just throw on USA?

 

[alphazip]

I'm just wondering a few more things: it's cool for me to leave on one passport and enter on another, right?
I've always thought that you had to leave and return on the same passport.

Also, it doesn't matter if I'm a non resident visiting the United States, I always use my American passport when entering the US?

Yes, you should enter the U.S. with your U.S. passport and enter Canada with your Canadian passport.

You would always use your U.S. passport to enter the U.S. It doesn't matter that you're a non-resident.

 

[alphazip]

I just applied for NEXUS! Had to use my Birth Certificate though since I don't have a valid US passport currently, although I plan on getting a US passport book and card.

Regarding the citizenship listed on the card, did they let you choose? Or do they just throw on USA?

Only one citizenship is shown on the card, and that will be U.S. if you are a U.S. citizen, even if you are also a Canadian citizen.

 

[keesio]

Only one citizenship is shown on the card, and that will be U.S. if you are a U.S. citizen, even if you are also a Canadian citizen.

When I was at the NEXUS office to renew, I let them know I am a dual citizen. The US officer there asked me if I wanted to put US or CANADA for the citizenship on the card. I chose to stick with US to avoid any potential hassle. But he *did* give me a choice.

The likely reason why it doesn't matter is because you actually don't use NEXUS to enter the USA. You use Global Entry. Enrolling in NEXUS will also auto-enroll you in Global Entry. When you use the Global Entry kiosks, it asks for your passport information and you would need to use your US passport. It doesn't ask for NEXUS. NEXUS is used to enter Canada.

 

[quasar81]

US citizens need to use a US passport when entering the US. If you use a different passport because you don't have a US passport with you, you need to declare yourself as a US citizen and explain why you don't have your US passport with you. This should be enough most of the time unless you are unlucky and encounter an officer who is a hard-a$$ and decides to give you a hard time, like the example screech339 mentioned (but should still let you in).

I am a dual citizen and when I renewed my NEXUS membership, I was reminded by the US official that I need to use my US passport to enter the US.

Can you still use Nexus card for fast land border crossing? or now you have to go through regular lanes and use passport?

 

[alphazip]

When I was at the NEXUS office to renew, I let them know I am a dual citizen. The US officer there asked me if I wanted to put US or CANADA for the citizenship on the card. I chose to stick with US to avoid any potential hassle. But he *did* give me a choice.

The likely reason why it doesn't matter is because you actually don't use NEXUS to enter the USA. You use Global Entry. Enrolling in NEXUS will also auto-enroll you in Global Entry. When you use the Global Entry kiosks, it asks for your passport information and you would need to use your US passport. It doesn't ask for NEXUS. NEXUS is used to enter Canada.

I think you're talking about air travel only. You can definitely use NEXUS to enter the USA at a land border crossing.

NEXUS lane at the Ambassador Bridge (Windsor-Detroit):

https://en.wikipedia.org/wiki/NEXUS_(frequent_traveler_program)#/media/File:NexusLane.JPG

 

[alphazip]

When I was at the NEXUS office to renew, I let them know I am a dual citizen. The US officer there asked me if I wanted to put US or CANADA for the citizenship on the card. I chose to stick with US to avoid any potential hassle. But he *did* give me a choice.

Yes, here is what happens if you don't choose USA:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/dual-citizen-entering-us-on-canadian-nexus.547956/

 

[asharahmed]

Last question guys, I promise:

Since I'm planning on getting a passport card, would it not be better to put Canada on my NEXUS card, then use my passport card when entering the United States?

 

[keesio]

I think you're talking about air travel only. You can definitely use NEXUS to enter the USA at a land border crossing.

NEXUS lane at the Ambassador Bridge (Windsor-Detroit):

https://en.wikipedia.org/wiki/NEXUS_(frequent_traveler_program)#/media/File:NexusLane.JPG

True, I was thinking of air travel regarding global entry