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Originally Posted by Davvidd
(Post 35492479)
I understand what you are saying and most of the time the CBP would not even ask about it but all the information from the check in does go to the to them every time someone leaves the US. If they want to create an issue then they could at a later stage. This is not about the airline reservation. When people normally have dual citizenship what is required when they check in what is on the reservation. But they also require to see your other passport if you are flying to your other country. This is for the entrance.
If a US citizen walks or drives to Canada or Mexico, there's nobody you show anything to until the destination country's entrance, because there are (generally) no exit controls. As far as I know, a dual national must: 1) Possess a valid US passport to travel -- so the answer in another thread about having an expired US passport was different; you will be let in as a citizen regardless, but there could be penalties for knowingly leaving without it. 2) Present that US passport to CBP agents when *entering* the country -- this, of course, always happens. 3) Present that US passport to *CBP agents* when leaving the country if there were such a checkpoint -- this rarely happens, but occasionally gate checks are done, and in that case you would show the US authorities your US passport. |
Originally Posted by jmastron
(Post 35492513)
As mentioned elsewhere in the thread, giving your passport to the airline is NOT "exiting the US" with that passport. The airline is collecting that to ensure that you are eligible to enter the destination country. Yes, they transmit that to the destination and departure authorities. The US authorities use that data to record foreign citizens' exits to confirm they stayed within stay limits, which don't apply to US citizens who are eligible to come and go as we please. To the extent that they collect/match US citizen data for their own data collection purposes, they almost certainly can do so with the foreign passport data; it still isn't formally "exiting the US" with that passport.
If a US citizen walks or drives to Canada or Mexico, there's nobody you show anything to until the destination country's entrance, because there are (generally) no exit controls. As far as I know, a dual national must: 1) Possess a valid US passport to travel -- so the answer in another thread about having an expired US passport was different; you will be let in as a citizen regardless, but there could be penalties for knowingly leaving without it. 2) Present that US passport to CBP agents when *entering* the country -- this, of course, always happens. 3) Present that US passport to *CBP agents* when leaving the country if there were such a checkpoint -- this rarely happens, but occasionally gate checks are done, and in that case you would show the US authorities your US passport. |
I am not a lawyer (and certainly not your lawyer), and this is not legal advice; it is my reading of the law and regulation in this area.
Originally Posted by Davvidd
(Post 35492528)
It is what the US government says that a US citizen has to exit and enter with a US passport. The State Department site says by Law. Maybe they are wrong on the website.
The regulation in question is 22 CFR 53.1(a), as I have cited in another thread: 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. This implements 8 USC 1185(b), which says: 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. |
Originally Posted by seawolf
(Post 35491960)
Nowhere does US regulation require US passport must be on reservations.... The most it requires is US citizen present US passport to CBP during examination.
Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. |
Originally Posted by vanillabean
(Post 35492712)
The verb "use' is less than helpful in the following:
In any event, using my US passport in a reservation means I can check in online and get a digital boarding pass! Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship. |
Originally Posted by Davvidd
(Post 35492479)
Every time someone flies out of the US that information goes to the CBP when the passenger checks in at the airline counter. The information on using a US passport to exit and enter the country could be found on the Department of State Citizens Information Services. It is up to the individual to do what they want to do. It still does not mean it is not the rule.
Originally Posted by Davvidd
(Post 35492528)
It is what the US government says that a US citizen has to exit and enter with a US passport. The State Department site says by Law. Maybe they are wrong on the website. I am not going to say anything more on this matter as I am not a US citizen.
Originally Posted by vanillabean
(Post 35492712)
The verb "use' is less than helpful in the following:
In any event, using my US passport in a reservation means I can check in online and get a digital boarding pass!
I've said it multiple times on this and other threads. Show both/all passports at check-in at let the airline staff figure it out. APIS is air carrier responsibility not passengers'. |
Originally Posted by Davvidd
(Post 35491930)
It is not the enforcement but the legality that is the issue. I am sure that the airline staff never would ask what nationalities do you have when you show the passport of another country. As far as I know it is a law that US citizens must leave and enter the USA on US passports.
The systems used to track everyone's' comings and goings is not worth more than bantha fodder. I usually use my US passport to depart, just out of habit, my Canadian passport to enter and depart foreign countries (except when trying to fill my US passport with stamps first), then my US passport to check-in and return to the US. Quite often when leaving Taiwan, the check-in desk will flip through my US passport looking for my entry stamp, not find it and ask where it is, then I will show my Canadian passport so they can confirm the entry stamp, and that's all they need. No one really seems to care one way or the other - except one time traveling into Singapore where a busy-body immigration clerk happened to notice my US passport in my carry-pouch just out of view, then we ended up in an obnoxious argument with her making a fuss that it's not possible to have two citizenships and passports - aside from that one incident, not one single airline check-in agent or immigration inspector has cared which passport I presented, and the few times I used my Canadian passport to depart the US enroute to a foreign country by fishing the wrong one out of my pouch, I never got an unhappy letter or phone call from US immigration as a result. So, it's basically a non-risk, law or not. |
Originally Posted by BigFlyer
(Post 35492335)
Germans can also legally enter Germany with a Personalausweis - which is a national identity card. So a dual national going to Germany from the US could carry a US passport and a Personalausweis and be legal in both countries. The Personalausweis is about the size of a US driving license, and can be read by the automated border gates at German airports, and is a lot less bulky than carrying two passports.
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Originally Posted by seawolf
(Post 35492877)
I've said it multiple times on this and other threads. Show both/all passports at check-in at let the airline staff figure it out. APIS is air carrier responsibility not passengers'.
I will send you a PM on why this no longer matters--as a practical matter. |
Seawolf is correct that at the destination it is the airline's responsibility in not bringing in someone who is not eligible to enter the country. Right now there is not much fuss because not all the countries have it but when they get it they will start enforcing it. It is interesting to note that almost all airlines have online check in but many of them do insist in checking your passport at baggage drop and have designated counters for Internet or online check in. IATA's interest in this whole thing was to save paper and not act as an immigration agent but the national countries made it that it is the airline's responsibility to check the docs before boarding the flight.
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Originally Posted by seawolf
(Post 35492877)
I've said it multiple times on this and other threads. Show both/all passports at check-in at let the airline staff figure it out. APIS is air carrier responsibility not passengers'. I'll restate my basic premise -- the airline employees are not border control agents, and showing (only) your foreign passport to the airline is NOT exiting the country with it. Show your destination-preferred passport to the airline, HAVE your US passport (required to re-enter anyway), and IF and only if an actual CBP agent is checking passports at the gate or elsewhere, show your US passport to that agent. As you said, even if that wasn't correct (and I believe it is), there's no enforcable penalty for it. |
Originally Posted by Ari
(Post 35511189)
Repeating something doesn't make it true. Most people check in online. Are you implying that all US dual nationals should check in with an agent? I think they would rather not take your advice.
I will send you a PM on why this no longer matters--as a practical matter. They OLCI with whichever passport let’s them OLCI. It’s really a simple as that. The problem people seem to be having is they feel that for some reason this not good enough thus my recommendation if they feel discomfort they should show both passports at the airport.
Originally Posted by jmastron
(Post 35511936)
I agree with your last point, but not the first. Most airlines don't have a way to enter both passports either online or in-person, and you're just creating more confusion by showing them something they don't need.
I'll restate my basic premise -- the airline employees are not border control agents, and showing (only) your foreign passport to the airline is NOT exiting the country with it. Show your destination-preferred passport to the airline, HAVE your US passport (required to re-enter anyway), and IF and only if an actual CBP agent is checking passports at the gate or elsewhere, show your US passport to that agent. As you said, even if that wasn't correct (and I believe it is), there's no enforcable penalty for it. With OLCI just used the one that allows OLCI. I do not understand why the dual citizenship thread (not this one) is still ongoing for >10 years. |
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