Section 107

This legal requirement has been discussed in several other threads, in particular by me when relating what I have been told directly multiple times by both Mexican and US immigration officials in regard to my dual citizen children. The law 8 USC § 1185(b) (Immigration and Nationality Act of 1952, § 215(b)), “Travel Control of Aliens and Citizens” is still on the books. Violation of this law was originally a felony punishable by a fine of up to $5,000 or up to 4 years in prison. But as GUWonder, who seems to have some standing (i.e., authentic USG work-related knowledge) in knowing about such topics, has indicated many times, this legal requirement is simply not enforced by USG.

This is because the section that provides the penalty was struck from the law in 1979. A law without penalty is, um, basically moot.

Violation might result in immigration inspectors causing you much inconvenience to your travel plans (significant delay) which in turn results in additional travel costs, but there is no legal penalty imposed by the gubmint for violating this particular law.

GUWonder

CBP stamping a US citizen’s passport or non-US passport — with or without an indicated maximum number of days via a stamp — doesn’t legally limit the stay of a US citizen in the US. [Even with an indicated maximum number of days as may apply to someone who is not a US citizen but happens to be visiting the US.] It may come with or result in some complications in some practical sense that arises from being confused over the person’s legal status in the US, but upon being presented evidence of US citizenship and identity, most of those problems with US CBP and the rest of the US federal government should not be applicable.

I can’t say the same goes for the Canadian side when it comes to Canadians using a non-Canadian passport, but I’m far removed from being as familiar with Canadian laws and regulations as I have been with US ones in this regard.

percysmith

I remember one case where I left and arrived back in HKSAR without my Permanent Resident HKID (being temporarily misplaced), HK Immigration stamped my Australian passport as if visitor and I had take my HKID and Australian passport back to Immigration Department to update their records after I found my misplaced HKID.

yyztozag

Just a natural instinct... I'm not a superstitious traveller but outside of the EU I always use my Canadian passport. If the EU line at ZRH is short I use my Croatian passport, but that's usually not the case.