FlyerTalk Forums - View Single Post - Dual US/EU citizen traveling to EU after ETIAS goes into effect

Jun 24, 2023 | 10:12 pm

#52

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Join Date: Oct 2000

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Quote:

Originally Posted by txp

I think what you are doing is fine, but my slight discomfort with your approach is that when you travel northbound the airline sends your APIS record to DHS for pre-departure enforcement and you are technically "exiting" the US with a Canadian passport. Many others have reported that this does not seem to be a problem, which is good.

22 CFR 53.1(a) says "It is unlawful for a citizen of the United States, unless excepted under 22 CFR 53.2, to enter or depart, or attempt to enter or depart, the United States, without a valid U.S. passport." That's not the same thing as "without having the airline report their US passport information to CBP using APIS"; if you have a valid U.S. passport in your possession when you board the plane you are, in my very-not-a-lawyer opinion, in compliance with 22 CFR 53.1(a).

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