Re-entry from Canada to US

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Old Sep 21st 2012, 3:08 am
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Default Re-entry from Canada to US

My daughter who lives in the US where she was born is of dual nationality American/British. She would like to go to Canada, her US passport has expired and her British passport is valid. How would this work when leaving the US and re-entering. She does not want to get a new US passport or an advanced? Driver's license due to cost. If she carried both passports would borders grant re-entry....
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Old Sep 21st 2012, 3:26 am
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Default Re: Re-entry from Canada to US

Originally Posted by angecro60
My daughter who lives in the US where she was born is of dual nationality American/British. She would like to go to Canada, her US passport has expired and her British passport is valid. How would this work when leaving the US and re-entering. She does not want to get a new US passport or an advanced? Driver's license due to cost. If she carried both passports would borders grant re-entry....
Thank you!!
A USC is supposed to enter the USA using a valid US passport. If she doesn't want to renew her passport, she should carry both her US and British passport, and listen to the stern lecture she will get from the POE agent upon re-entry to the USA. They have the right to fine her, but they probably won't.

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Old Sep 21st 2012, 3:39 am
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Default Re: Re-entry from Canada to US

Now wondering if they will let her out of the country when she presents the two passports?
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Old Sep 21st 2012, 3:42 am
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Default Re: Re-entry from Canada to US

Originally Posted by angecro60
Now wondering if they will let her out of the country when she presents the two passports?
Yes, getting out is not the problem. Getting back in the USA is where she is supposed to use her US passport.

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Old Sep 21st 2012, 4:22 am
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Default Re: Re-entry from Canada to US

A friend of my wife's, who has dual British/US nationality, normally uses her British passport to enter the US, and has never had any problems. However, Rene is correct, and US citizens are supposed to enter the country using a US passport.
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Old Sep 21st 2012, 4:48 am
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Default Re: Re-entry from Canada to US

Is she driving or flying?

If driving, she'll be able to enter Canada at a land border using the expired US passport or the valid UK passport. The problem will be getting back into the US. USC's are required by federal law to leave/enter the US using a valid US passport book (or other valid document e.g. NEXUS, US passport card, etc). The expired US passport will probably be enough to re-enter the US but she should expect a delay. A friend of mine was in the same situation (drove to Canada and then back to the US using an expired US passport) and she was delayed re-entering the US.

If flying, she has the additional issue of what the airline will do when she presents for check-in. She might not be allowed to board the plane if the airline discovers she is a USC without a valid US travel document (note: US passport cards cannot be used for air travel). On the return flight, they'd be looking for an ESTA accompanying the UK passport - but even that might not be enough if the airline discovers she is a USC.

It really does not make sense for a USC not to have a valid US passport.

Last edited by MarylandNed; Sep 21st 2012 at 4:52 am.
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Old Sep 21st 2012, 7:38 am
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Default Re: Re-entry from Canada to US

My daughter will be driving. How long was your friend detained? When entering Canada, should she present both passports or just the expired U.S.
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Old Sep 21st 2012, 11:42 am
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Default Re: Re-entry from Canada to US

Originally Posted by angecro60
She does not want to get a new US passport...
Too bad. US law requires (= mandatory) that she enter the US with a valid US passport if she is a US citizen. The US doesn't care that she is also a UKC and has a UK passport. That is the law.

This isn't a case of her losing a US passport or it being unavailable. This is her being cheap! The US doesn't care whether or not getting a US passport is an inconvenience for her.

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Old Sep 21st 2012, 12:04 pm
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Default Re: Re-entry from Canada to US

Originally Posted by Noorah101
Yes, getting out is not the problem. Getting back in the USA is where she is supposed to use her US passport.

Rene
While not a huge problem, the matter may well come up even when leaving the US.

When traveling on a brit passport with a greencard, I didn’t show the greencard initially when driving into Canada. They started questioning what I was doing in the US and then I mentioned the greencard. They swiped it and said now they wouldn’t need to stamp by Brit passport.

So just saying the matter could come up.
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Old Sep 21st 2012, 4:04 pm
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Default Re: Re-entry from Canada to US

Originally Posted by hobbes79
While not a huge problem, the matter may well come up even when leaving the US.

When traveling on a brit passport with a greencard, I didn’t show the greencard initially when driving into Canada. They started questioning what I was doing in the US and then I mentioned the greencard. They swiped it and said now they wouldn’t need to stamp by Brit passport.

So just saying the matter could come up.
That is probably solved by producing the expired US passport. I say "probably solved" because you can just never predict what an individual immigration officer will do.

I know someone who entered Canada with an expired US passport earlier this year. She even called the folks at the Canadian border ahead of time to check that it would be OK. They said it was fine although they warned her that she might have issues returning to the US (and she did).
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Old Sep 21st 2012, 4:08 pm
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Default Re: Re-entry from Canada to US

Originally Posted by angecro60
My daughter will be driving. How long was your friend detained? When entering Canada, should she present both passports or just the expired U.S.
My friend was detained for a couple of hours. However, that really depends on the time of day, how busy the border crossing is, the mood of individual immigration officers, etc.

The expired US passport should be enough to get in. My friend called to check ahead of time and Canadian immigration said it was fine - they don't actually require valid US passports as long as US citizenship can be proved.

I'm answering because you asked the question but this is not something I would recommend. It's much better to have a valid US passport. If driving, a US passport card is also acceptable (and cheaper) - however, it can't be used for air travel.
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Old Sep 21st 2012, 5:01 pm
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Default Re: Re-entry from Canada to US

Originally Posted by ian-mstm
Too bad. US law requires (= mandatory) that she enter the US with a valid US passport if she is a US citizen. The US doesn't care that she is also a UKC and has a UK passport. That is the law.
The port director can allow entry to a US citizen who has no identification at all. What they do is look through various databases and try and identify you. Obviously you might get mugged or something so they have to allow this.

I wouldn't recommend it though, if only because you're going to be sat in secondary inspection while they check.
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Old Sep 21st 2012, 5:06 pm
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Default Re: Re-entry from Canada to US

Canada has totally different entry laws to the US, by the way. Canada will allow entry with a birth certificate or DL for example.

A US LPR card is recognized by both countries, there are plenty of people who are LPRs and they're stateless and also there are Jay Treaty Indians who are entitled to enter.
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Old Sep 21st 2012, 5:20 pm
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Default Re: Re-entry from Canada to US

Originally Posted by Steve_
Canada has totally different entry laws to the US, by the way. Canada will allow entry with a birth certificate or DL for example.

A US LPR card is recognized by both countries, there are plenty of people who are LPRs and they're stateless and also there are Jay Treaty Indians who are entitled to enter.
Yes I agree Canada has totally different entry requirements. I was in Cayman in 2004 when we were hit by Hurricane Ivan and I lost everything including my passport. When we were being evacuated, the Cayman Head of Immig called both Miami and Toronto asking if I could enter without a passport, I had copies of everything on my laptop and a Cayman and UK DL. Miami - possibly but would be a headache. Toronto - yes! The private jet (worked for a hedge fund) re-routed to Toronto and I entered Canada as a refugee and got a replacement passport within a week!
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Old Sep 21st 2012, 6:54 pm
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Default Re: Re-entry from Canada to US

Originally Posted by Steve_
Canada has totally different entry laws to the US, by the way. Canada will allow entry with a birth certificate or DL for example.

A US LPR card is recognized by both countries, there are plenty of people who are LPRs and they're stateless and also there are Jay Treaty Indians who are entitled to enter.
They do require LPR's to show their green cards.

http://www.cbsa-asfc.gc.ca/security-...dmiss-eng.html
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