Eric S

Anyone know what would happen in this case? We are US citizens and live in the US. We are planning on traveling to Spain in August (assuming COVID-19 travel restrictions let us). My daughter (10 years old) has both US and Spanish citizenship and has two passports. The issue is that her US passport expires in June. We sent it for renewal a couple of days before the US passport office restricted operations in March and have no idea whether we will get her new one back in time. The passport office website says to expect several months of delays.

I think she can travel on her Spanish passport. But I wonder what will happen when we arrive back at the POE and she doesn't have a US passport. I believe they have to let her in as she is a US citizen. And we will carry her birth certificate with us to prove it. But will we get in some kind of trouble?

Thanks.
Eric S.

Jerseygirl

US citizens are required by law to leave and enter the US using a US PP.

As a USC she cannot be refused entry but she could be detained for several hours and receive a fine.

Olly_

The issue will be getting to the POE - airlines won't allow passengers to board a flight without the correct documents and they would be expecting an approved ESTA or visa to go with the Spanish passport which you can't get.

Jerseygirl

good point!

Eric S

Hmm. I figured we could get past the airline checkin with her Spanish passport. But I didn't think about the ESTA. Do they actually check that, too?

Thanks.
Eric S.

postbox134

The airline will get fined if they don't properly check Visa/ESTA requirements on boarding. So they won't let her onto the plane.

Olly_

Yes they do - they have a link into CBP's systems to check for a valid ESTA.

Jerseygirl

the only way around it I can think of is to fly into Canada...you will need an electronic visa to enter. Then go by road to the US and hope the officer at the US border is understanding. That doesn’t get around the problem that your daughter should leave the US using a US PP.

Former Lancastrian

I know you are trying to be helpful BUT
Prohibition

2 Any foreign national, as defined in subsection 2‍(1) of the Immigration and Refugee Protection Act, is prohibited from entering Canada if they arrive from a foreign country other than the United States.
foreign national means a person who is not a Canadian citizen or a permanent resident, and includes a stateless person. 

https://orders-in-council.canada.ca/...=38990&lang=en

This is today and tomorrow could be different and who knows in August onwards.

Jerseygirl

thanks for that, I had forgotten about the current virus restrictions.

Eric S

Thanks for the input, everyone. Sounds like the best course of action is to do whatever we can to get the new passport before traveling.

- Eric S.

Jerseygirl

don’t book your tickets until you have the PP in hand.

scrubbedexpat099

Flying through Mexico may be an option, getting a Passport would seem much more sensible.

Jerseygirl

I suppose flying to Mexico then driving to Boston is an option.

newacct

There is no fine for a USC entering or leaving the US without a US passport.