Am I in trouble? (Passport question)

[TaylorP 0]

I am a dual American-Canadian citizen who has lived in Canada my entire life. I am moving to Chicago in a couple of days. I have a social security card and my American citizenship certificate. I found it increasingly frustrating to try to get a passport through the embassy here and decided to wait until I moved. I do have a Canadian passport.

Well I thought everything was in place and now I read that as an American I should have been traveling to the USA with an American passport. Canada doesn't have these same strict rules. I really was unaware of it. I can't exactly go into the USA as a Canadian, as I will be pulling a trailer full of stuff.

So my question is... what is the likely hood of me being allowed in? I can prove American citizenship, however I do know these are not travel documents. And my travel document is Canadian. I really had thought everything through, until this! And I'm becoming increasingly anxious about the border crossing now.

I mean they don't have to let me in just because I am an American, right? It's their prerogative to turn me away...

[Udella&Wiz 325]

How have you gone across the border before? If you're moving to Chicago I imagine you've been across relatively recently?

[TaylorP 0]

I cross the border all the time. As a Canadian, showing my Canadian passport. It would be pretty hard to go across as a Canadian this time though, while pulling a uhaul full of stuff. I'm going to have to declare that I am American/dual.

[Flames9_RN 358]

You need a passport, plain and simple. And as a USA citizen, hopefully you have been filing income tax with Uncle Sam.

[Dave&Roza 748]

I am a dual American-Canadian citizen who has lived in Canada my entire life. I am moving to Chicago in a couple of days. I have a social security card and my American citizenship certificate. I found it increasingly frustrating to try to get a passport through the embassy here and decided to wait until I moved. I do have a Canadian passport.

Well I thought everything was in place and now I read that as an American I should have been traveling to the USA with an American passport. Canada doesn't have these same strict rules. I really was unaware of it. I can't exactly go into the USA as a Canadian, as I will be pulling a trailer full of stuff.

So my question is... what is the likely hood of me being allowed in? I can prove American citizenship, however I do know these are not travel documents. And my travel document is Canadian. I really had thought everything through, until this! And I'm becoming increasingly anxious about the border crossing now.

I mean they don't have to let me in just because I am an American, right? It's their prerogative to turn me away...

Actually as an USC they must let you back into the country. They can make it a royal PITA but they must let you back in. Given that things have changed lately, you could have travelled to Canada using one of the old methods and then stayed until now which requires a passport--remember the good old days when a passport was not required for travel between the US and Canada? If you have the time, I would come across the border, without the U-Haul, and go to the nearest passport office near you in the US and apply for and receive your passport the same day. Not hard to do and it sounds like it is easier than dealing with it in Canada.

Good luck,

Dave

Edited December 31, 2012 by Dave&Roza

[VanessaTony 3,567]

Here's the thing, you can't enter and stay on a Canadian passport. They'll ask for your immigration documents. When you tell them you're an American they'll want to see your passport. You cannot enter without it.

See this Q&A here: http://www.jamaicaobserver.com/news/US-citizens-need-a-passport-to-enter--leave-the-country_8318227

Now, here's the the thing. As that answer to that qn states, you've actually been breaking a Federal Law by not using a US passport to enter and exit the U.S. Doing what you've been doing is a violation of 8 U.S.C. § 1185(b). There's this document: http://nortontooby.com/pdf/FreeChecklists/FedDeportConChecklist.pdf (page 2) specifies it's a deportable offense but there's a note that says there's no specified punishment in the code... and i'm not sure how that would work being a USC and all. It's a bit weird. Regardless, get a passport.

I also hope you've been filing your US taxes, as all USC's are required to do on WORLDWIDE income, regardless of where they earned it.

[VanessaTony 3,567]

Actually as an USC they must let you back into the country. They can make it a royal PITA but they must let you back in. Given that things have changed lately, you could have travelled to Canada using one of the old methods and then stayed until now which requires a passport--remember the good old days when a passport was not required for travel between the US and Canada? If you have the time, I would come across the border, without the U-Haul, and go to the nearest passport office near you in the US and apply for and receive your passport the same day. Not hard to do and it sounds like it is easier than dealing with it in Canada.

They're violating federal law by entering the US without a US passport. They also don't have to let them back in. They changed that law. Too many people would just avail themselves of that loophole otherwise.

I'm not really sure how it's hard to get a US passport in Canada though. They have the documents they need, it should be easy.

[Flames9_RN 358]

They're violating federal law by entering the US without a US passport. They also don't have to let them back in. They changed that law. Too many people would just avail themselves of that loophole otherwise.

I'm not really sure how it's hard to get a US passport in Canada though. They have the documents they need, it should be easy.

My guess is the OP didn't do much research into this and now into Panic mode. Not hard to find info now a days with the internet. I know its not that hard here in Nicaragua to get an appt. Back in 2004 I walked into the Toronto consulate and spoke with someone with no problems at all.

Does one even need to see the consulate to get a passport for this? If you have the original Citizenship cert....Best of luck

[TaylorP 0]

I guess I totally overlooked this... and yes I'm in severe panic mode yes.

[VanessaTony 3,567]

I guess I totally overlooked this... and yes I'm in severe panic mode yes.

It'll be okay you just might be delayed a bit while you wait for your passport. I know there's an expedite option in the US, not sure if there is in Canada though.

[Kathryn41 3,205]

Here is the information you need to apply for your first US passport while resident outside of the US: http://travel.state.gov/passport/get/outside/outside_5462.html Unfortunately, there isn't an expedite option when applying outside of the US.

You must also apply in person at the US Consulate if this is your first US passport. Here are the requirements for first time passport applicants outside of the US: http://travel.state..../first_830.html

Edited January 1, 2013 by Kathryn41

[himher 634]

I dont think there is any punishment for it. Just a long and painful wait in customs and immigration while they verify your US citizenship

The magic words at the border are "US Citizen". The IO is required to immediately kick you upstairs to have your claim validated and if you can prove that you are a US citizen you're home free.

It is because no matter what the code spells out as a passport requirement, the courts have ruled that US entry is a protected and constitutional right

Perez v. US - "United States citizenship entails the privilege to reenter and remain in the country.."

Lopez v. Franklin "[a US citizen child] is perfectly free to return to the United States whenever he has the desire and the means (either independently or through others) to do so. He faces no quotas or entry restrictions because he is not an alien but a native-born citizen of the United States."

Acosta v. Gaffney (“No act of any branch of government may deny to any citizen the full scope of privileges and immunities inherent in United States citizenship. Central to all of those rights, of course, is the right to remain. It is a constitutional violation to imprison a United States citizen for reentering the United States."

Lopez v. Franklin (“He faces no quotas or entry restrictions because he is not an alien but a native-born citizen of the United States.”). To deny a United States citizen the privilege to reenter and remain in the United States, and the immunity from being convicted for doing so, would be “repugnant to the Constitution.”

Unfortunately it's often a long night while they validate your citizenship. Might just be better to get a passport and be done with it.

Here's the thing, you can't enter and stay on a Canadian passport. They'll ask for your immigration documents. When you tell them you're an American they'll want to see your passport. You cannot enter without it.

See this Q&A here: http://www.jamaicaobserver.com/news/US-citizens-need-a-passport-to-enter--leave-the-country_8318227

Now, here's the the thing. As that answer to that qn states, you've actually been breaking a Federal Law by not using a US passport to enter and exit the U.S. Doing what you've been doing is a violation of 8 U.S.C. § 1185(b). There's this document: http://nortontooby.com/pdf/FreeChecklists/FedDeportConChecklist.pdf (page 2) specifies it's a deportable offense but there's a note that says there's no specified punishment in the code... and i'm not sure how that would work being a USC and all. It's a bit weird. Regardless, get a passport.

I also hope you've been filing your US taxes, as all USC's are required to do on WORLDWIDE income, regardless of where they earned it.

[Rob & Monika 87]

I pulled this from an article talking about the new passport requirements back when they went into effect:

What happens if you’re supposed to have a passport but show up at U.S. Customs without one? The good news is that you won’t end up like Viktor Navorski, the man-without-a-country character Tom Hanks played in The Terminal. The bad news is that you’ll probably have to go through secondary screening, which will likely entail extra questioning and added delays as the personal information you provide is verified against multiple databases.

http://www.msnbc.msn.com/id/16756366/ns/travel-news/t/where-go-when-you-dont-have-passport/#.UOLie2fXuWE

[TaylorP 0]

Thanks everyone. Here is what I've decided to do. I am going to travel to Chicago (where I'm moving to) as planned tomorrow, minus the uhaul. I am putting all of my stuff into storage here in Toronto. The reason I must travel to Chicago is I have a trip booked from Chicago in 3 days. I will cross the border as a Canadian, just going for travel.

While on my planned trip to a family house in Florida, I am going to get a rushed passport (I am there for 2 weeks). I will then fly back to Toronto, with my US passport and re-rent a uhaul and move all my stuff down, showing my brand new US passport at the border.

It's a hassle but I think it's better than being yelled at and denied entry at the border.

[Flames9_RN 358]

Another option---phone the POE (google it)where u plan to cross--and see what they have to say