tonrob

All Delta are going to care about is that they don't get fined (or have to deny you boarding) due to you traveling to a destination for which you don't have right to enter, which isn't the case as you hold a UK passport.

I'm wondering why you asked the question here in the first place if all you're going to do is argue with the answers given, and why you trust Delta more than the US government's explanation of their own law? Anyway any implications, current or future, are yours and yours alone to deal with so have at it.

tonrob

Too late to edit my post above - I exit the UK on my US passport. The only use of the UK one is to enter the UK, this being for reasons of convenience (saves time and ink).

FlyingDutchman6666

Tell that to Boris Johnson, who was denied boarding on a London to Houston flight, because his British passport said he was born in New York:

"Last Sunday lunchtime we were boarding a flight to Mexico, via Houston, Texas, and we presented six valid British passports. As soon as the Continental Airlines security guy saw my passport, he shook his head. ‘Were you born in New York?’ he asked. ‘Have you ever carried an American passport?’ [...] When the ranking officer arrived, the story was the same. ‘I’m sorry, sir,’ he said, ‘but you’ll have to go to the US Embassy tomorrow morning and get a new American passport.’"

American Passport - Mayor Boris Johnson

MarylandNed

What you heard from Delta is irrelevant legally speaking. There are no exit checks from the US apart from the airline so you could get away with it. However, per US law, US citizens must leave/enter the US on a US passport. So technically speaking you'd be breaking the law regardless of whether you can get away with it or whether or not you think it's a big deal.

So you're going to ignore US law and just get an answer from someone at the airport who may or may not know US law?

Totally irrelevant. The UK does not have the same laws as the US.

And in doing so you broke US law.

theOAP

The law is the law, but the OP is probably wondering about the stories they've heard of Americans from the UK entering the US on a British passport. Yes, it happens (and happened often in the past), but most are accidental Americans; born in the UK to an American parent. They were never registered with the US Embassy, never applied for a Social Security number, never had a US passport, and never lived in the US. The US may not know they exist.

A UK passport gives city of birth, and the Immigration Officer may glance at it. Someone born in Birmingham or Bristol can affirm it was the UK. Someone like Boris Johnson, born in the US, will have a hard time explaining New York City, Chattanooga, Sioux Falls, or Wichita. The chip in the passport or on the computer may list country of birth.

This is a hot topic at the moment on the US expat sites, and it's tax related. Some IO's will say nothing, and some IO's will give a warning that they'll allow the traveller in this time, but they are marked, and will have to enter the US on a US passport the next time. Traveller goes back to the UK and applies for a US passport.

They are now affirmed as a US Person, and with it, the attendant obligations (tax and draft).

tonrob

He and I were referring to the US-UK segment (so opposite direction).

durham_lad

If you are checked by the border authority on exiting a country, any country, they are checking that you have been staying in the country legally, and are not necessarily going to check that your passport will get you into the country you are traveling to, that responsibility lies with the carrier (airline or cruise ship).

When leaving the US for the UK I always give the airline or cruiseline my UK passport details but I always carry my US passport with me so I can present it if required. The UKBA used to check passports on exit at Newcastle, and the Australian BA always checks your passport on leaving and you have to complete an exit card. I've never had my passport checked by the US BA on leaving, and the airline or cruiseline have never asked for our US passport details when we book or check in and give them our UK passport details.

The Cunard ships going to the UK have a UKBA officer on board and you get an appointment to see him/her before docking in Southampton so exiting is very easy.

Like the USA, Australian law states that if you are an Australian citizen you must exit the country on your Australian passport. Our daughter's partner is a dual Australian/US citizen and carries both passports, and shows his Oz passport on leaving for the US but provides his US passport details to the airline.

Steve_

Well, technically the US has had an exit system since 1996 but it was never implemented but it is being implemented now, so yes they will check if they aren't already.

Anyway that "article" has really bad advice, you use the passport for the country where you reside to book the ticket (assuming you have a passport for the country where you live), check-in and to go through any exit controls. You only use the other passport to enter where you're going to.

The UK doesn't really seem to care, especially if you were born there, your place of birth is listed in your other passport. The line is usually shorter for non-EEA passports although with ePassports it probably is quicker to use the machine.

Note IATA rules require you to show your passport book at check-in. So at check-in at either end you would use your US passport. This is why you can't for example use a US passport card at an airport.

durham_lad

Can you indicate where this is spelled out? No airline has ever objected to me showing my UK passport at check-in at a US airport for a UK bound flight (as well as having my UK passport details in the booking). When we went to Australia this year I got a visitor visa for Australia and New Zealand in my UK passport and used it to leave from LA for the flight to Australia. I had my US passport with me and used it for the return flight. The airline never asked to see my US passport as well.

IATA

Pulaski

The IATA rules require you to show your passport. US Law requires that passport to be your US passport if you are a USC. There is no inconsistency, however the US enforcement of the law has been patchy for arrivals and close to non-existent for departures. If you persist in using your British passport for departures you may be one of the first to find out if/when the US implements a monitoring and enforcement process, and what the consequences are.

Gozit

Since you have the lovely opportunity of being an American citizen and thus subjected to their annoying, picky laws, this is the procedure I would follow:

Book flights on US passport
Check in US passport when leaving US
Use UK passport to enter UK
Check in for flight back to US with US passport
Exit UK on UK passport if you go through exit controls (usually that's a no)
Re-enter US on US passport.


The laws may be stupid, you may not agree with them, you may want to do it another way, but the laws are still there and its probably best to follow them. Being in trouble with USCIS/DHS/CBP is not something i'd fancy. If it bugs you that much, write a letter to your local MP

durham_lad

I agree, and that works only because the UK doesn't care. As I said above, when I went to Australia this year I entered my UK Passport details on the airline website (no place to enter details on 2 passports) and presented my UK passport at the desk when leaving. My US passport did not have a valid visa for Australia, and my UK passport does have a work visa or green card associated with it, so if US law says that airlines have to do an exit check to catch illegal residents then they are not following the law.

tonrob

When there is zero incremental effort in doing it the correct way why do otherwise?

durham_lad

As I said above, if I had presented my US passport at the desk in LA when going to Australia this year the airline would not have let me board because I did not have a valid visa to travel to Australia, which is why I presented my UK passport. It would be extra effort to then ask the airline if they also wanted to see my US passport, since I believe they are supposed to check that I am in the USA legally.

Pulaski

The question is "Why did you get the visa in your British passport in the first place?" .... You could also have shown the airline check-in desk both passports noting that your visa is in the British one, but that US Law requires you to "leave the US using your US passport."