Canadian passport for US citizens

[SideshowLoki]

It reminds me of one recent story, about a woman from Ontario getting sent into secondary while trying to cross the border.

Then she claimed to be a US citizen, despite not having any document, and in the end, ended up slapping the border agent (NOT A GOOD IDEA, PLEASE DO NOT SLAP A BORDER AGENT). She's still denied entry because they cannot verify her US citizenship.

https://www.cbc.ca/news/canada/hamilton/kitchener-woman-slapping-border-official-1.4816591

I'm wondering now, if a US citizen shows up at the US border, asking to be let into the country, but he/she did not carry anything to show it, does the CBP have obligation to at least check whether the person is US citizen?

I know that CBSA has to attempt to verify the status of a traveller, if they claim to be either PR or citizen, but not sure about CBP.

This is why what I said and posted is important: Unless you renounce your US citizenship, you must always have a valid passport if you're travelling. She produced a foreign passport to enter the US where she claims to hold citizenship-- It's a felony and also a reason to question her authenticity of citizenship.

 

[meyakanor]

This is why what I said and posted is important: Unless you renounce your US citizenship, you must always have a valid passport if you're travelling. She produced a foreign passport to enter the US where she claims to hold citizenship-- It's a felony and also a reason to question her authenticity of citizenship.

What if you truly are a US citizen, but show up with, say, a Canadian passport, but announce to CBP that you are American?

This lady obviously was trying to pull a fast one, and she's not really American, but what if you truly are? Yes you're breaking a law, but that doesn't change the fact that you're still entitled to enter, no?

 

[SideshowLoki]

What if you truly are a US citizen, but show up with, say, a Canadian passport, but announce to CBP that you are American?

This lady obviously was trying to pull a fast one, and she's not really American, but what if you truly are? Yes you're breaking a law, but that doesn't change the fact that you're still entitled to enter, no?

The logic of the scenario is simple. Why would a citizen use a foreign passport to enter the country? You must have citizenship to obtain a passport (99% of the time), so why doesn't this "citizen" have one?

To use this scenario specifically, she didn't have any other means to show she has US citizenship. If she had her birth certificate on her person, that would be different.

 

[scorph]

That bingo!

Yes, thank you, I was not aware of that special rule. Here is the govt link with the info:
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1167&top=16

I'd still get the passport and avoid the hassle, especially when you never know what might change.

Totally agreed especially when we all know how mentally unstable the conman currently ruling the US is !

 

[keesio]

I'm attempting to find where I read that, and I assure you they did make it clear it IS a federal offence (a big one) and one of the possible punishments is giving up your US citizenship.

What keesio said is very likely invalid; if you lack a US passport to enter, you're expected to either use your birth certificate (for crossing in a private vehicle via land border) or visit the US Consulate General/Embassy near you and apply for an emergency passport, which is essentially a document that gives you permission to enter (if going by other means into the US, such as public transportation or by air). The US government is not forgiving for this stuff-- if you didn't have any other citizenship, it's less complex, but because you hold two, you've got to be aware of this stuff.

Maybe CBP is more forgiving. In my Nexus interview with CBP, the officer asked me what passport I would use to enter the US. I told him my US passport. He said that is the right answer. As a US citizen, I should always try to use my US passport. If I try using my Canadian passport while I declare myself a US citizen, it can cause potential delays and other headaches coming back (nothing about it being illegal or criminal). There are also a number of reports of US citizens without a US passport trying to enter the US and they do indeed get hassled and given a stern lecture but otherwise are let back in. Remember that even needing a passport to cross the boarder via land is relatively new. A driver's license was enough when there was less paranoia.

Saying that not entering the US with your US passport is a criminal offense with severe penalties is the same as saying forgetting to file your FBAR is a criminal offense with severe fines. While technically true, context matters and actual persecution is reserved for people really trying to abuse the system. Of course if you keep doing it over and over, then yeah it will catch up to you.

And if it was that easy to get stripped of your US citizenship, lol you would see many US expats take that route to finally get out of their US tax obligations. The US has made it harder, not easier, in recent years to give up your citizenship. Mandatory wait times and tripling the fee to renounce.