Dual Citizen entering US

[alphazip]

The 200 mile rule covers about 80% of the U.S. population.

Away from a POE, CBP's mandate covers immigration law only. It is unlawful for them to conduct any non immigration law enforcement away from a POE. That being said, it's rumoured that at least some of the road blocks set up by CBP to check immigration status are simply a "cover" to conduct law enforcement duties.

Yes, I don't doubt the veracity of this account (https://www.youtube.com/watch?v=YUzd7G875Hc), despite the person being otherwise unpleasant (banned from the U.K. for homophobic hate speech).

It reminds me of this incident, which at least was at an actual border: http://boingboing.net/2009/12/11/dr-peter-watts-canad.html

 

[Natan]

Yes, I don't doubt the veracity of this account (https://www.youtube.com/watch?v=YUzd7G875Hc), despite the person being otherwise unpleasant (banned from the U.K. for homophobic hate speech).

It reminds me of this incident, which at least was at an actual border: http://boingboing.net/2009/12/11/dr-peter-watts-canad.html

It's my policy to politely and immediately cooperate with all lawful requests by peace officers who have the power to imprison, assault and kill me with complete impunity, as is the case in the U.S.A.

Instead of resisting the officers, I would have stated, "I am not giving you permission to search my car, but I shall offer no resistance if you choose to search my car without my permission."

 

[links18]

It's my policy to politely and immediately cooperate with all lawful requests by peace officers who have the power to imprison, assault and kill me with complete impunity, as is the case in the U.S.A.

Instead of resisting the officers, I would have stated, "I am not giving you permission to search my car, but I shall offer no resistance if you choose to search my car without my permission."

Make sure you record that last part.

 

[Alex54321]

Back to original topic. Opposite question - what dual citizen do when entering Canada from US without Canadian passport? Just shows US passport and Canadian citizenship certificate for example saying that he/she is dual citizen?

 

[andrewhl]

Back to original topic. Opposite question - what dual citizen do when entering Canada from US without Canadian passport? Just shows US passport and Canadian citizenship certificate for example saying that he/she is dual citizen?

American-Canadians can enter Canada with their US passport
American-Canadians have to enter US with their US passport

If you are a dual Canadian citizen used to travelling to or transiting through Canada by air with a non-Canadian passport, you will no longer be able to do so as of November 10, 2016. You will need a valid Canadian passport to board your flight.

If your country needs you to enter and exit that country using a passport issued by its government, you will still need a valid Canadian passport to board your flight to Canada. Make sure to carry both passports when you travel. Find out more about why you must travel with a valid Canadian passport when travelling by air.

Exception: If you are an American-Canadian dual citizen with a valid U.S. passport, you don’t need a Canadian passport to fly to Canada. However, you will still need to carry proper identification and meet the basic requirements to enter Canada.

 

[andrewhl]

Back to original topic. Opposite question - what dual citizen do when entering Canada from US without Canadian passport? Just shows US passport and Canadian citizenship certificate for example saying that he/she is dual citizen?

My son was born in the US to Canadian parent(s) and before we got his Canadian citizenship certificate, we just entered Canada with his US passport and the CBP officer didn't even ask about his Citizenship. I assume they must have seen a lot similar cases

 

[Natan]

Back to original topic. Opposite question - what dual citizen do when entering Canada from US without Canadian passport? Just shows US passport and Canadian citizenship certificate for example saying that he/she is dual citizen?

Yes, this would work. But CBSA may delay your entry into Canada as they verify your documents and lecture you on the benefits of carrying a Canadian travel document.

 

[alphazip]

Yes, this would work. But CBSA may delay your entry into Canada as they verify your documents and lecture you on the benefits of carrying a Canadian travel document.

Before I had a Canadian passport, I entered Canada many times by car with a U.S. passport and Canadian citizenship card. I was only questioned about this once, when a border agent told me I couldn't be a dual citizen, and had to pick one or the other! I just said, "well, I have both," and she just said, "go ahead."

 

[Natan]

Before I had a Canadian passport, I entered Canada many times by car with a U.S. passport and Canadian citizenship card. I was only questioned about this once, when a border agent told me I couldn't be a dual citizen, and had to pick one or the other! I just said, "well, I have both," and she just said, "go ahead."

Alas, border agents aren't hired for their robust intellects. But I have noticed that the ones on the Canadian side tend to be way better looking than their American counterparts. What's up with that?

 

[Alex54321]

Back to original topic. Opposite question - what dual citizen do when entering Canada from US without Canadian passport? Just shows US passport and Canadian citizenship certificate for example saying that he/she is dual citizen?

This week traveled by car Detroit-Windsor and back with US passport and Canadian Citizenship Card. Just did show Canadians my US passport and right away told (without asking) them that I am dual citizen. No problem at all, US passport satisfied both sides.

 

[keesio]

I am a dual US/CDN citizen and my wife is a US citizen with Canadian PR. We always use our US passport to enter the US (using Global Entry kiosk as we usually fly from YYZ). When entering Canada, we use our NEXUS cards to both board our flight and enter Canada (via NEXUS kiosk).

 

[nyguy2]

Practically the US expects that you enter the US on a US passport and leave the US on a US passport. Right now, the former is easily enforced (incoming customs controls whether on US soil or preclearance) while the latter is not because the US generally does not have exit customs controls.

Right now I only have one passport (US), in a couple weeks I'll have my Canadian. Practically speaking, I don't generally need either passport to enter Canada or the US because I use NEXUS - that's the document (NEXUS Card) that I use in the machine at Preclearance re-entering the US, and in the NEXUS kiosk at Canadian customs entering Canada. Both the US Global Entry and CBSA NEXUS computers know that I have both citizenships (and will know I have both passports - I have to visit the office for them to add my Canadian passport). If I go by land and present my NEXUS card, they would see that document too. And by land, they're fine with an enhanced drivers license (issued by a few states, requires proof of US Citizenship, has an RFID chip for US CBP to read).

I don't know what will happen if the US implements proper exit controls, if the choice of travel document when checking in will matter. Practically at customs with my name & date of birth info they can reconcile my travel regardless of either passport I pick. But as far as the passport number that is transmitted by the airline to CBSA, I don't know if US or Canada cares

I am a dual US/CDN citizen and my wife is a US citizen with Canadian PR. We always use our US passport to enter the US (using Global Entry kiosk as we usually fly from YYZ). When entering Canada, we use our NEXUS cards to both board our flight and enter Canada (via NEXUS kiosk).

You can use your NEXUS card as the document that the kiosk reads at GE machines, but only at Canadian preclearance locations. I use my NEXUS card at GE preclearance because the bottom of the photo page (machine readable zone) is pretty beat up on my US passport and GE/airline kiosks have a tough time reading it. (When entering the US at non-preclearance locations, I tap the button on the screen to type my document number on the GE kiosk touchscreen instead). Assuming the US is aware of both citizenships this is fine, although I always carry my US passport anyways (in case I get sent to secondary) - if you get secondary inspection, generally US CBP and CBSA want to see your passport anyways. (The GE/NEXUS computers are separate from the ones that secondary officers use, and seeing the passport can help in verifying possession of the document and reviewing exit/entry history).

 

[Natan]

Practically the US expects that you enter the US on a US passport and leave the US on a US passport. Right now, the former is easily enforced (incoming customs controls whether on US soil or preclearance) while the latter is not because the US generally does not have exit customs controls.

Right now I only have one passport (US), in a couple weeks I'll have my Canadian. Practically speaking, I don't generally need either passport to enter Canada or the US because I use NEXUS - that's the document (NEXUS Card) that I use in the machine at Preclearance re-entering the US, and in the NEXUS kiosk at Canadian customs entering Canada. Both the US Global Entry and CBSA NEXUS computers know that I have both citizenships (and will know I have both passports - I have to visit the office for them to add my Canadian passport). If I go by land and present my NEXUS card, they would see that document too. And by land, they're fine with an enhanced drivers license (issued by a few states, requires proof of US Citizenship, has an RFID chip for US CBP to read).

I don't know what will happen if the US implements proper exit controls, if the choice of travel document when checking in will matter. Practically at customs with my name & date of birth info they can reconcile my travel regardless of either passport I pick. But as far as the passport number that is transmitted by the airline to CBSA, I don't know if US or Canada cares



You can use your NEXUS card as the document that the kiosk reads at GE machines, but only at Canadian preclearance locations. I use my NEXUS card at GE preclearance because the bottom of the photo page (machine readable zone) is pretty beat up on my US passport and GE/airline kiosks have a tough time reading it. (When entering the US at non-preclearance locations, I tap the button on the screen to type my document number on the GE kiosk touchscreen instead). Assuming the US is aware of both citizenships this is fine, although I always carry my US passport anyways (in case I get sent to secondary) - if you get secondary inspection, generally US CBP and CBSA want to see your passport anyways. (The GE/NEXUS computers are separate from the ones that secondary officers use, and seeing the passport can help in verifying possession of the document and reviewing exit/entry history).

If you naturalized as a Canadian citizen, then under U.S. law, you have committed a potentially expatriating act. A potentially expatriating act can lead to actual expatriation (loss of U.S. citizenship) if the act was committed with an intent to relinquish U.S. citizenship. The courts have been clear that behaviour can establish intent in regard to potentially expatriating acts. The key to having your behaviour determine your intent to maintain U.S. citizenship is to behave in a way that an American citizen would behave. That generally means: entering/exiting/transiting the USA with a U.S. travel document (including what you provide to airlines for preclearance); never providing a foreign travel document to an American peace officer (an enhanced Canadian drivers' licence/ID exempted); never applying for a U.S. visa or eTA. In short, behaving in ways that only an American would behave (e.g., renewing a U.S. passport, voting in U.S. elections) and never behaving in ways that an American would not (e.g., publicly denying being an American, neglecting to include "USA" on [foreign] forms that ask your citizenship, public statements that you moved to Canada because you didn't like the President).

When travelling through American airspace (direct flights between Canadian cities are exempted) you should provide your U.S. travel documents to the airline to be transmitted to Government. Canada won't care if you use a U.S. passport, but the U.S. may care if you use a Canadian passport, and may use it as "proof" of intent to relinquish U.S. citizenship when you committed the potentially expatriating act of naturalizing as a Canadian citizen.

Dual citizens are not popular in America and are often viewed with suspicion of being unAmerican. Most Americans are unfamiliar with U.S. nationality and immigration laws, but ardently believe that dual citizenship is illegal and immoral. It is a widely held belief that living outside the U.S. for over five years will result in an automatic loss of U.S. citizenship. Targetting dual citizens for expatriation would be very popular among sectors of the electorate and dual citizens would receive little sympathy from the rest of the electorate. My advice is to tread carefully and make one's intentions consistent, straight-forward and crystal clear.

 

[nyguy2]

If you naturalized as a Canadian citizen, then under U.S. law, you have committed a potentially expatriating act. A potentially expatriating act can lead to actual expatriation (loss of U.S. citizenship) if the act was committed with an intent to relinquish U.S. citizenship. The courts have been clear that behaviour can establish intent in regard to potentially expatriating acts. The key to having your behaviour determine your intent to maintain U.S. citizenship is to behave in a way that an American citizen would behave. That generally means: entering/exiting/transiting the USA with a U.S. travel document (including what you provide to airlines for preclearance); never providing a foreign travel document to an American peace officer (an enhanced Canadian drivers' licence/ID exempted); never applying for a U.S. visa or eTA. In short, behaving in ways that only an American would behave (e.g., renewing a U.S. passport, voting in U.S. elections) and never behaving in ways that an American would not (e.g., publicly denying being an American, neglecting to include "USA" on [foreign] forms that ask your citizenship, public statements that you moved to Canada because you didn't like the President).

Naturalizing is not the same as jus sanguinis citizenship acquired at birth, which is my case (father born in B.C., I applied for a citizenship certificate0. Even getting proof of that ("exercising") another citizenship is generally acceptable except in the case of government/public sector work that requires a security clearance (in which case you would have to express a willingness and possibly formally renounce any other citizenships).

When travelling through American airspace (direct flights between Canadian cities are exempted) you should provide your U.S. travel documents to the airline to be transmitted to Government. Canada won't care if you use a U.S. passport, but the U.S. may care if you use a Canadian passport, and may use it as "proof" of intent to relinquish U.S. citizenship when you committed the potentially expatriating act of naturalizing as a Canadian citizen.

This is generally recommended and how I do it, but the US issues the NEXUS card. It's a little less hazy for me as my NEXUS card lists my US citizenship, not the Canadian one, on its face. So from a "primary" citizenship perspective, presenting my NEXUS card makes my intent clear.

From a ticketing/airline check in perspective, it's less clear. I'm probably going to select my US passport as my travel document on any itinerary that involves a US leg when checking in online for my flight.

 

[Natan]

Naturalizing is not the same as jus sanguinis citizenship acquired at birth, which is my case

You are correct (thank you for clearing that up). You have not committed a potentially expatriating act.

From a ticketing/airline check in perspective, it's less clear. I'm probably going to select my US passport as my travel document on any itinerary that involves a US leg when checking in online for my flight.

Keeping in mind that these policies have been instituted primarily by the U.S. Government, I recommend using a U.S. travel document whenever transiting through the U.S. (domestic Canadian* flights excepted).

* Some domestic Canadian flights (that fly from one Canadian airport to another Canadian airport without landing at an American airport) fly routes that transit American airspace. These flights are not considered to "transit" U.S. airspace and do not require the use of a passport, nor is information on such passengers generally passed to U.S. authorities.