southlondon

I recently received my Canadian citizenship, but still carry a British Passport, if I cross the US border will I still be subject to the fingerprinting-visa waiver nonsense?

G77

Depends on who you get I think - a Brit friend recently got theirs and hasn't got passport yet, gets let through without an I94.... Presume he's showing them his citizenship card and British passport, which I presume you have....

southlondon

Yes I have both, but I have heard stories of the US not recognizing "dual citizenship". If it's not a problem I don't see any reason to get a Canadian passport. Do you?

dingbat

It is a problem. If you are a citizen of Canada, and reside there, and as of June 1, 2009, you must cross into the US using Canadian issued ID.
e.g. Canadian Passport, or Enhanced Driver’s Licence/Enhanced Identification Card for cross-border travel into the U.S. by land or sea but not air. Trusted Traveler Programs...

http://www.getyouhome.gov/html/lang_can/index.html

It is for this very reason I got Canadian passports and an Enhanced Drivers License, as I cross border shop with relative frequency. I was explicitly told that I cannot use my British passport as I am a Canadian citizen. You don't argue.

JAJ

You were told wrong! But a Canadian passport is highly preferable, for a variety of reasons.

southlondon

What are the reasons?

dingbat

We've had this discussion before, and next time at the border, I asked again, based on what you said.I was told exactly the same thing - cross by land, as a Canadian citizen, you cannot use a British passport with a citizenship card. I checked with the Canadian border guard on the way back, same answer, as far as he knew.

http://www.visitwindsor.com/before%20you%20go/WHTI.pdf

This seems to confirm it - though not explicitly stated, it does say Canadian citizens will be required to present one of the following...

and this explicitly states it has to be a Canadian passport, if you are a Canadian citizen.
http://canadaonline.about.com/od/tra...docsus2009.htm
http://www.getyouhome.gov/html/lang_can/index.html

and finally...right at the bottom, it makes the distinction between citizens and non-citizens; citizens have to present WHTI compliant documentation. This does not include a passport from another country.
http://www.cbsa-asfc.gc.ca/whti-ivho/ls-tm-eng.html

JAJ

If you have a British passport you don't need a Canadian citizenship card (to enter the United States on the visa waiver). But of course the border guard may be curious to know where you live and what is your status in that country ...

dingbat

We may be talking at cross purposes. The issue was that I was a Canadian citizen. I do not get the choice to use my Brit passport anymore when entering the US, with the intention of returning to Canada. I cannot use the visa waiver program, basically, if I live here. Honestly JAJ, you know the hassles I have had going to and from this damn country, so I made 110% sure I was going to be compliant. The border guards are very consistent on the Canadian citizen thing, and weirdly, since June, apart from one hiccup, its been a breeze with my EDL.

JAJ

There is no US law mandating that a Canadian citizen must use a Canadian passport to enter the United States. If such a person wishes to use a different passport, with the appropriate visa (or waiver), that is legal.

dingbat

We'll agree to disagree - it has not been my recent (less than two weeks ago) experience of the US position at the border. They always ask where you are coming from, where is home, how long are you going for, are you a Canadian citizen, answer yes, you need WHTI compliant documentation.

scrubbedexpat091

I agree with dingbat here, my wifes father was refused entry last week into the US by land using his british passport, they told him he needed to enter from Canada as a Canadian citizen using proper documents.

So where it matters (at the border) they seem to disagree a bit.

Unless of course you a US citizen as well..

(US Citizens have to enter the US as a US citizen regardless of other citizenships.)

AdrianR

But, surely, if one offers another passport (ie: non-Canadian), then one is presenting oneself as being NOT Canadian, no?

JAJ

It's not a question of "agreeing to disagree", it's a matter of legal fact that United States law does not demand that a Canadian citizen enter as a Canadian citizen.

All that said, why on earth someone who is dual British/Canadian would want to enter the United States on anything other than a Canadian passport is a mystery, barring emergencies when Canadian passport is unavailable.

It is quite possible that border guards do not understand the law.

JAJ

Correct. For example, a dual Australian/Canadian citizen may choose to use an Australian passport to obtain an E-3 visa.