SuperFlyBoy

Does anyone have any experience or guidance on whether one could be allowed to enter the US if their US passport has expired and they have reapplied for a new one at an Embassy/Consulate and is awaited? The expired US passport would be in their possession, as I understand.

The person in question is a European citizen (dual-citizen with US) who would be accompanied by their US-born, US-passport-holding father.

Would this be allowed by US immigration, or would there be any problems in doing this?

TIA!

EDI_Martin

As far as I was aware dual nationalities travelling to the states MUST enter using their US Passport.

SuperFlyBoy

That is what an internet search also reveals, but no hard facts so far - rules and such...

Venabili

This official enough?

http://travel.state.gov/travel/cis_p...cis_1753.html:
"Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States."

LaserSailor

I have come in on my EU passport. You need to establish identity and then proof of legal residency to enter the US. You might get an extra round of questions at CBP just be polite and state facts.

thomwithanh

I'm fairly sure you also need to qualify and apply for an ESTA.

Theoretically yes, although there is quite a bit of anecdotal evidence of dual nationals being let in on their EU/Canadian/Australian/etc... passport and clearing things up with CBP. Remember, if you're a US citizen, CBP cannot prevent you from entering the country as long as your identity and citizenship can be verified and there are ways to do that even without an unexpired US passport.

FlyingHoustonian

Yeah, boarding the airplane will be the bigger problem. Airline could not let you on without an ESTA.

bevoinva

Here is a similar thread that you might find useful.

http://www.flyertalk.com/forum/pract...s-2-weeks.html

SuperFlyBoy

Thanks - will study this...

Often1

1. So long as you are a USN, you can't be denied entry to the USA. The entry process may simply take a good deal longer and involve more probing questions and the like. Just allow time for it in your schedule.

2. As a dual national, absent certain likely not applicable circumstances, you must enter the USA as a USN (in other words, if you have a valid US Passport, on that US Passport).

3. The larger problem is dealing with your air carrier. They may simply deny you boarding if you can't produce the paperwork.

4. The far easier and better approach is to work through the local Consulate to obtain a temporary travel document or determine whether there is a local expediter or process for expedited renewal.

Ari

That is specualtion at best; how can you possibly know what is "far easier and better" when you don't know where the OP's 'person' is located, when travel is, or the status of the current passport application. CBP clearly anticipates this situation and can handle it:

https://help.cbp.gov/app/answers/det...e,-citizenship

How can you possibly know that it is "far easier and better" to work this out with the Department of State (overseas consulate) than with the Department of Homeland Security (CBP at the airport).

(Oops-- phrasing the question by cabinet department almost answers the question because DHS is . . . well, DHS). But in all seriousness, there [at least] two ways to go about this, and I don't claim to know which is better without knowing the situation; why do you?

By the way, the carrier isn't going to say anything unless there isn't an ESTA on the VWP passport-- and it has been established that you can get an ESTA as a USN-- so your #3 goes out the window.

Often1

OP can make his choices as he wishes. To me, time is money and and the less I have to deal with paperwork uncertainties, the better off I am. In the final analysis, his relative will wind up being admitted.

sfosuw

According to 8U.S.C.§1185(b), (INA215(b)):

"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. "
source: http://www.uscis.gov/ilink/docView/S...-0-0-4140.html

It is unlawful for the OP to enter on a non-US passport if he is a US citizen.
What is your intent? Are you going to US to reside/work/study/obtain social benefit or staying for more than 90days? Keep in mind that Visa Waiver Program visitors are allowed to stay in North America for 90days per visit. If you choose to enter using VWP, then you must leave within 90 days. If you have no intention to ever reside in the US, it might be easier to renounce your citizenship than to break the aforementioned law and risk getting into trouble.

GUWonder

I know some that have done it dozen of times; and I have seen it done many, many, many more times than that; but now it involves the US ESTA process and payments. It often has involved a secondary of some sort on arrival at a US CBP facility but nothing beyond that most often.

GUWonder

The quoted USC elements are so full of "exceptions" (which aren't exceptions since they are intrinsic to that section) that your quoted USC element mostly misleads people who fail to consider the entire body law applicable to the US and US dealings with US citizens..

Your entire claim about US citizens being required to leave within 90 days if using a non-US passport at a US port of entry is a misleading claim. The fact of the matter is that a US citizen has the right -- even if entering on non-US travel documents -- to reside, without period limitation, in the US regardless of the method/means of entry. Future entries into the US on a non-US passport may be compromised, but even that is not necessarily the outcome.