Dual Citizen Entering US using CA passport

[alphazip]

Last question guys, I promise:

Since I'm planning on getting a passport card, would it not be better to put Canada on my NEXUS card, then use my passport card when entering the United States?

The purpose of a NEXUS card is to enable you to pass through the border easily, because you have been pre-screened. I think most people would say that the more difficult border to cross is the U.S. border. Therefore, I think that showing U.S. citizenship on the card would be the most beneficial, lest you run into the problems mentioned here:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/dual-citizen-entering-us-on-canadian-nexus.547956/

Of course, you may be able to lessen those problems by always having your U.S. passport card at hand, but I don't know whether that's the best solution.

When you go to the NEXUS enrolment office, there should be U.S. and Canadian border officers present. Maybe you should ask their recommendation for what citizenship you should put on the card to get you across both borders the most efficiently.

 

[nyguy2]

Both passports should be registered at a NEXUS office. From there, you can use the NEXUS card at Global Entry kiosks @ Canadian airports with US Customs Preclearance. If you return to the US directly or at a Canadian airport without preclearance, then use your US passport in the kiosk.

When I added my Canadian citizenship certificate & passport to my NEXUS profile, I was reminded on both trips to the NEXUS office (one trip for each) that I needed to enter and leave the US on my US passport. At YYZ it didn't matter because both GE and Nexus kiosks there will read the NEXUS card itself (and both passports are associated in the backend).

I always select my US passport when picking a passport on airlines. I flew WestJet once (which allows you to pick the NEXUS card instead) and tried it. Online Check-In and customs at the destination was fine, departure gate agent at LGA would not allow me to board without showing a passport.

When I was at the NEXUS office to renew, I let them know I am a dual citizen. The US officer there asked me if I wanted to put US or CANADA for the citizenship on the card. I chose to stick with US to avoid any potential hassle. But he *did* give me a choice.

The likely reason why it doesn't matter is because you actually don't use NEXUS to enter the USA. You use Global Entry. Enrolling in NEXUS will also auto-enroll you in Global Entry. When you use the Global Entry kiosks, it asks for your passport information and you would need to use your US passport. It doesn't ask for NEXUS. NEXUS is used to enter Canada.

This is actually not completely correct. The NEXUS card itself is actually a completely valid document on its own for air entry into the United States or Canada.

US 8 CFR PART 235—INSPECTION OF PERSONS APPLYING FOR ADMISSION § 235.1 Scope of examination.
(e) NEXUS Air Program Participants.United States citizens, Canadian citizens, and permanent residents of Canada who are traveling as participants in the NEXUS Air program, may present, in lieu of a passport, a valid NEXUS Air membership card when using a NEXUS Air kiosk prior to entering the United States.

US CBP - What is NEXUS?
Under the Western Hemisphere Travel Initiative (WHTI), the NEXUS card has been approved as an alternative to the passport for air travel into the United States for U.S. and Canadian citizens. However, if you are traveling without a passport we advise that you contact the airline first. You will also not be able to use the Global Entry kiosk upon entering the U.S.

Even the last sentence isn't universally true:
Can I use my NEXUS card at the Global Entry kiosk?
The NEXUS card will be recognized by the Global Entry kiosks in Canada Preclearance locations only. When using the Global Entry kiosks in Canada Preclearance locations you can use your passport, U.S. Lawful Permanent Resident card or NEXUS card. You cannot use your NEXUS card at Global Entry kiosks outside of Canadian Preclearance locations. At all other ports, you will need to use your passport or U.S. Lawful Permanent Resident card.

Canadian Border Services Agency concurs:
Can I use my NEXUS card as proof of identification and citizenship in non-NEXUS lanes when entering Canada?
Yes. If you are a Canadian or U.S. citizen, and a NEXUS member, you may use your membership card as proof of identification and citizenship when entering Canada by land, air (when coming from the U.S.) or boat when using non-NEXUS lanes.

That being said, good luck checking in with any non-Canadian airline with the NEXUS card, even with Canadian airlines a lot of the gate agents at the US points of departure won't recognize it as a valid document, and customs (both American and Canadian) will generally expect to see the passport if at secondary (or at airports like YUL where everyone using GE kiosks gets at least a basic interview). Also, you need to carry any supporting documentation for your purpose of entry into the US or Canada anyways, although this isn't needed if you're a dual citizen.

 

[asharahmed]

Both passports should be registered at a NEXUS office. From there, you can use the NEXUS card at Global Entry kiosks @ Canadian airports with US Customs Preclearance. If you return to the US directly or at a Canadian airport without preclearance, then use your US passport in the kiosk.

When I added my Canadian citizenship certificate & passport to my NEXUS profile, I was reminded on both trips to the NEXUS office (one trip for each) that I needed to enter and leave the US on my US passport. At YYZ it didn't matter because both GE and Nexus kiosks there will read the NEXUS card itself (and both passports are associated in the backend).

I always select my US passport when picking a passport on airlines. I flew WestJet once (which allows you to pick the NEXUS card instead) and tried it. Online Check-In and customs at the destination was fine, departure gate agent at LGA would not allow me to board without showing a passport.



This is actually not completely correct. The NEXUS card itself is actually a completely valid document on its own for air entry into the United States or Canada.

US 8 CFR PART 235—INSPECTION OF PERSONS APPLYING FOR ADMISSION § 235.1 Scope of examination.
(e) NEXUS Air Program Participants.United States citizens, Canadian citizens, and permanent residents of Canada who are traveling as participants in the NEXUS Air program, may present, in lieu of a passport, a valid NEXUS Air membership card when using a NEXUS Air kiosk prior to entering the United States.

US CBP - What is NEXUS?
Under the Western Hemisphere Travel Initiative (WHTI), the NEXUS card has been approved as an alternative to the passport for air travel into the United States for U.S. and Canadian citizens. However, if you are traveling without a passport we advise that you contact the airline first. You will also not be able to use the Global Entry kiosk upon entering the U.S.

Even the last sentence isn't universally true:
Can I use my NEXUS card at the Global Entry kiosk?
The NEXUS card will be recognized by the Global Entry kiosks in Canada Preclearance locations only. When using the Global Entry kiosks in Canada Preclearance locations you can use your passport, U.S. Lawful Permanent Resident card or NEXUS card. You cannot use your NEXUS card at Global Entry kiosks outside of Canadian Preclearance locations. At all other ports, you will need to use your passport or U.S. Lawful Permanent Resident card.

Canadian Border Services Agency concurs:
Can I use my NEXUS card as proof of identification and citizenship in non-NEXUS lanes when entering Canada?
Yes. If you are a Canadian or U.S. citizen, and a NEXUS member, you may use your membership card as proof of identification and citizenship when entering Canada by land, air (when coming from the U.S.) or boat when using non-NEXUS lanes.

That being said, good luck checking in with any non-Canadian airline with the NEXUS card, even with Canadian airlines a lot of the gate agents at the US points of departure won't recognize it as a valid document, and customs (both American and Canadian) will generally expect to see the passport if at secondary (or at airports like YUL where everyone using GE kiosks gets at least a basic interview). Also, you need to carry any supporting documentation for your purpose of entry into the US or Canada anyways, although this isn't needed if you're a dual citizen.

So ideally, the best course of action when going to the US, is to carry both passports and NEXUS csrd?

 

[canvis2006]

lets just say that you DONT wanna be in a foreign country without your PASSPORT.
Passport is the most important thing you have on you, in a foreign land......other than money, etc.

I would not feel comfortable without passport outside Canada, even when I am visiting my origin country.

 

[nyguy2]

So ideally, the best course of action when going to the US, is to carry both passports and NEXUS csrd?

Correct. Generally when entering either country, you'll use the NEXUS or GE kiosk with your NEXUS card. You may or may not be asked for the passport (YUL = essentially always, YYZ = they generally don't want to talk to you unless you have a checked bag, and they only want to scan your boarding pass to make sure the system took a picture of your bag [otherwise they send you back to talk to airline staff), but it's way easier to have the passport available, particularly if you get picked for primary or secondary questioning.

Entering the US you should always carry the US passport. Theoretically it's possible to enter with just the NEXUS card but between airline staff and CBP not knowing the regs here and the potential for delay at secondary, not worth it.

Entering Canada I would always recommend you carry your Canadian passport, particularly if you aren't entering for a short period, or are entering for work/study. Similarly, at secondary officers don't have access to the NEXUS specific computers and can't see why you were sent to them. Having your passport is your proof of Citizenship and your right to enter and stay in Canada for any purpose. Makes secondary much easier.

Rule of thumb for flights between US & Canada is:
1) At check-in, select US passport as travel document, and use this with airline staff
2) Use NEXUS card with security (American TSA / CATSA)
3) Use NEXUS card at kiosk if this is an option (required for NEXUS entering Canada, option at Global Entry machines in US Customs Preclearance in Canada; if not precleared flight, use US Passport)
4) If questioned/asked for it by customs, present that country's passport (US passport to American CBP, Canadian passport to CBSA).

 

[keesio]

Rule of thumb for flights between US & Canada is:
1) At check-in, select US passport as travel document, and use this with airline staff
2) Use NEXUS card with security (American TSA / CATSA)
3) Use NEXUS card at kiosk if this is an option (required for NEXUS entering Canada, option at Global Entry machines in US Customs Preclearance in Canada; if not precleared flight, use US Passport)
4) If questioned/asked for it by customs, present that country's passport (US passport to American CBP, Canadian passport to CBSA).

For what it's worth, this is what i do when i fly between YYZ<->USA

YYZ->USA
1) At check-in,select NEXUS as travel document and use this with airline staff (boarding)
2) Use US Passport at Global Entry kiosk in YYZ

USA->YYZ
1) At check-in,select NEXUS as travel document and use this with airline staff (boarding)
2) Use NEXUS card at NEXUS kiosk in YYZ

I fly often and never had a problem with this.

 

[nyguy2]

For what it's worth, this is what i do when i fly between YYZ<->USA

YYZ->USA
1) At check-in,select NEXUS as travel document and use this with airline staff (boarding)
2) Use US Passport at Global Entry kiosk in YYZ

USA->YYZ
1) At check-in,select NEXUS as travel document and use this with airline staff (boarding)
2) Use NEXUS card at NEXUS kiosk in YYZ

I fly often and never had a problem with this.

If you fly Air Canada than flying NEXUS as the document both ways is fine. The kiosk presents it as an option and airline staff recognize it.

If you fly Westjet or any US airline, my experience is they will not recognize the travel document on either end (mixed with Westjet, but both sides with United, American, Delta). Especially Westjet leans heavily on Delta gate agents in NYC, so you can check in at the kiosk with NEXUS and encounter a GA who demands to see a passport at the gate. Personal experience at LGA.

 

[keesio]

yes I mostly fly Air Canada and most of my travel is between YYZ and LGA. Same with my wife. She did use Westjet once and AA another time. Both times I recall she boarded with her NEXUS but this was awhile ago so I could be wrong.

We almost always show our NEXUS card (with our boarding pass) before entering the security check area at Terminal B at LGA. A NEXUS card was always accepted.

 

[picklee]

When I was at the NEXUS office to renew, I let them know I am a dual citizen. The US officer there asked me if I wanted to put US or CANADA for the citizenship on the card. I chose to stick with US to avoid any potential hassle. But he *did* give me a choice.

The likely reason why it doesn't matter is because you actually don't use NEXUS to enter the USA. You use Global Entry. Enrolling in NEXUS will also auto-enroll you in Global Entry. When you use the Global Entry kiosks, it asks for your passport information and you would need to use your US passport. It doesn't ask for NEXUS. NEXUS is used to enter Canada.

That’s really odd considering that it is unlawful for a U.S. citizen to enter or leave the U.S. without a U.S. passport. Hence the reason that all U.S. citizens have U.S. citizenship attached to NEXUS.

Global Entry is a program that consolidates all the preclearance programs for air travel entry to the U.S. it has nothing to do with citizenship that shows on the NEXUS card. NEXUS *is* still used to enter the U.S. at land and water borders.

For what it’s worth, my daughter is a dual citizen, but it shows CAN under citizenship on her NEXUS card. We have been told multiple times entering the U.S. that it was a mistake and she needs a new card. One time the officer was confused as to what visa she was entering the U.S., “does she have a green card?” “No, she is a U.S. citizen.” “Can I see her passport?” So based on this conversation it is clear that (at least the US CBP) they only see one citizenship on their screen.

 

[nyguy2]

yes I mostly fly Air Canada and most of my travel is between YYZ and LGA. Same with my wife. She did use Westjet once and AA another time. Both times I recall she boarded with her NEXUS but this was awhile ago so I could be wrong.

We almost always show our NEXUS card (with our boarding pass) before entering the security check area at Terminal B at LGA. A NEXUS card was always accepted.

The security checkpoint is different, I always use my NEXUS card with CATSA/American TSA and have never had an issue at either YYZ or LGA (domestic or international).

Airline staff on Westjet, Delta, United generally don't recognize the NEXUS card as a valid document to board and demand to see a passport. Same for agents at baggage check-in counters.

 

[dpenabill]

. . . . considering that it is unlawful for a U.S. citizen to enter or leave the U.S. without a U.S. passport.

I am not aware of any provision of the U.S. Code which makes it a crime or otherwise unlawful for a U.S. person to enter or leave the U.S. without a U.S. passport.

I suppose the code could have been amended recently, but I think NOT. Individuals with an enhanced STATE Drivers License, for example, can enter the U.S. without having had any U.S. passport ever, let alone without having one in possession. Not just from Canada, but from Mexico, the Bahamas, the British West Indies, among others.

While I have possessed a valid U.S. passport for more than half of the last five decades, in between periods I often traveled back and forth to Canada and Mexico without one, and even when I had one I left and returned to the U.S. many dozens of times without carrying my U.S. passport. That was not done in ignorance of the law. I tend to be one of those who pay attention to and comply with the law (my professional licence depends on it).

That said, the U.S. government generally does not recognize any other citizenship if an individual is a U.S. citizen. So, generally U.S. citizens are generally required to (1) declare their U.S. citizenship upon seeking entry to the U.S., and (2) present proper identification showing their U.S. citizenship. Which, again, does not necessarily mean a U.S. passport.

 

[nyguy2]

I am not aware of any provision of the U.S. Code which makes it a crime or otherwise unlawful for a U.S. person to enter or leave the U.S. without a U.S. passport.

8 U.S.C. § 1185 215(b) states "Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport."

That being said, the president declares what the exceptions are, which is how you end up with the list here where a passport is required for air travel EXCEPT for Canada/US transborder travel where a NEXUS card can be used instead, and how enhanced drivers licenses are allowable for land/sea crossing, etc.

This page documents the history of it including that the penalty for not doing so is pretty toothless.

All of that being said, the potential delays and headaches make it absolutely 100% not worth it to leave/enter the US without a valid US passport if at all possible. If you lose your US passport and must travel urgently to/from the US without one, it's better to get an emergency passport issued and then exchange it for a 10 year passport at no further charge (or just apply urgently at a passport center if within the US at the time). US CBP officers at airports do not really recognize that the NEXUS card is a valid substitute in lieu of the passport.

I suppose the code could have been amended recently, but I think NOT. Individuals with an enhanced STATE Drivers License, for example, can enter the U.S. without having had any U.S. passport ever, let alone without having one in possession. Not just from Canada, but from Mexico, the Bahamas, the British West Indies, among others.

The law itself has not changed, what the executive branch (president) determines to be acceptable ID instead of a passport (under the authority of that law) has. The rules for land/sea mostly changed in the Western Hemisphere Travel Initiative which took full effect in 2008.

While I have possessed a valid U.S. passport for more than half of the last five decades, in between periods I often traveled back and forth to Canada and Mexico without one, and even when I had one I left and returned to the U.S. many dozens of times without carrying my U.S. passport. That was not done in ignorance of the law. I tend to be one of those who pay attention to and comply with the law (my professional licence depends on it).

Before WHTI the exceptions to the passport rule were that birth certificates and verbal declarations of citizenship/permanent residence were sufficient at the discretion of the border officer. WHTI tightened this so people above the age of 19 (largely 16, but 19 in certain special groups like school trips) had to present a document like a passport card, NEXUS card, enhanced drivers license, etc. in order to enter the US by land or sea.

Starting in 2007 all people entering the US by air needed a valid passport (with the understanding that US Citizens must enter on US passport), NEXUS card (would be tied to US passport), or U.S. Coast Guard/Merchant Mariner Document. In 2008 the document list tightened for land/sea. So any travel done before that without these sorts of documents, there were exceptions carved out in enforcement (allowed by the law that required the passport in the first place).

That said, the U.S. government generally does not recognize any other citizenship if an individual is a U.S. citizen. So, generally U.S. citizens are generally required to (1) declare their U.S. citizenship upon seeking entry to the U.S., and (2) present proper identification showing their U.S. citizenship. Which, again, does not necessarily mean a U.S. passport.

The US recognizes other citizenships, it's just from an enforcement perspective all they care about is that you are a US citizen and per the law, they expect you to present yourself as such to US authorities. From an air perspective with WHTI in place, you're expected to present your US passport (see travel.state.gov page on Dual nationality)

 

[keesio]

That’s really odd considering that it is unlawful for a U.S. citizen to enter or leave the U.S. without a U.S. passport. Hence the reason that all U.S. citizens have U.S. citizenship attached to NEXUS.

Note that the issue is with the NEXUS card only being able to display one citizenship on the card. You can have multiple citizenships attached to the NEXUS card. You can be a dual citizen and have both US and Canada attached to your NEXUS membership but only have Canadian citizenship written on the front. But that card does have your US citizenship attached to it and when it is scanned, it will clearly show it.

I have used just the NEXUS card to enter the US via land crossing. I used the NEXUS lane and was waived through without a problem. They didn't even ask me for the card (they didn't talk to me at all). When I approached, my card was detected and the CBP officer has my info displayed on his screen (which showed both citizenships) and all he did was look at me to see if the photo on the screen matches me and the motioned me through.

However, I do bring my US passport every time just in case. If, for whatever reason, I have to go to secondary, I know having my US passport will save a lot of hassle from CBP

 

[picklee]

Note that the issue is with the NEXUS card only being able to display one citizenship on the card. You can have multiple citizenships attached to the NEXUS card. You can be a dual citizen and have both US and Canada attached to your NEXUS membership but only have Canadian citizenship written on the front. But that card does have your US citizenship attached to it and when it is scanned, it will clearly show it.

I am aware that multiple citizenship’s can be held under NEXUS. But if you read my post, one particular incident at the Peace Arch land border suggests that not all your citizenships appear on screen to US CBP when the card is scanned. I never gave the officer my card, and he seemed confused why Americans were travelling with a Canadian. Hence he asked for the passport. Logistically, it would make sense from a database management systems perspective to only store one citizenship with the RFID in order to reduce confusion at the border. You are after all only presenting one physical document.

Frankly, I have never seen “the screen” at a border crossing, so I will reserve my comments on what is displayed there. However, based on my experience, I do not think all citizenships are displayed to the officer.

 

[picklee]

I am not aware of any provision of the U.S. Code which makes it a crime or otherwise unlawful for a U.S. person to enter or leave the U.S. without a U.S. passport.

I suppose the code could have been amended recently, but I think NOT. Individuals with an enhanced STATE Drivers License, for example, can enter the U.S. without having had any U.S. passport ever, let alone without having one in possession. Not just from Canada, but from Mexico, the Bahamas, the British West Indies, among others.

While I have possessed a valid U.S. passport for more than half of the last five decades, in between periods I often traveled back and forth to Canada and Mexico without one, and even when I had one I left and returned to the U.S. many dozens of times without carrying my U.S. passport. That was not done in ignorance of the law. I tend to be one of those who pay attention to and comply with the law (my professional licence depends on it).

That said, the U.S. government generally does not recognize any other citizenship if an individual is a U.S. citizen. So, generally U.S. citizens are generally required to (1) declare their U.S. citizenship upon seeking entry to the U.S., and (2) present proper identification showing their U.S. citizenship. Which, again, does not necessarily mean a U.S. passport.

I was pointing out the oddity of a US NEXUS enrollment officer suggesting that an American could enter the US on Canadian citizenship, contrary to US law.