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Posted

So my wife became a US citizen about 6 months and we just got around to applying for a US passport this past week. She currently holds a valid Canadian passport. She wants to travel to Canada in August, but her US passport will not be done by then.

 

Can she leave and enter the US using her Canadian passport (she did that back when she was a permanent resident showing her green card along with Canadian passport)? Or do all US citizens need to show US passport when returning? Will they give her trouble at customs in Canada when she tries to use Canadian passport to come back to US (US Customs are in Canada side)?

Posted (edited)
12 minutes ago, newuser1980 said:

(US Customs are in Canada side)

For flying out no issue since there is no outbound CBP passport counter. Also INA § 215(b) no longer has an associated penalty: http://isaacbrocksociety.ca/2013/05/01/the-history-of-the-requirement-that-u-s-citizens-only-use-u-s-passports-to-enter-the-u-s/ "The punishment for violating the law?"

 

She could contact an ACS in Canada and ask for their US passport processing times. When flying back, having the US passport is the most straightforward option: https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

 

She can show the naturalization certificate if crossing back via land POE: http://web.archive.org/web/20200929115350/https://www.uscis.gov/us-citizens-traveling-internationally "You can also use your original certificate of citizenship or certificate of naturalization."

Edited by HRQX
Posted
2 hours ago, Lemonslice said:

Is she driving or flying? Requirements are different.  

 

https://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative

She would be flying. Also the original naturalization certificate was sent with passport application. She has a photocopy of it though.  So if flying and coming back to US if she did use the Canadian passport along with copy of naturalization certificate would they accept that or not. Trying to assess the situation before tickets are booked.

2 hours ago, HRQX said:

For flying out no issue since there is no outbound CBP passport counter. Also INA § 215(b) no longer has an associated penalty: http://isaacbrocksociety.ca/2013/05/01/the-history-of-the-requirement-that-u-s-citizens-only-use-u-s-passports-to-enter-the-u-s/ "The punishment for violating the law?"

 

She could contact an ACS in Canada and ask for their US passport processing times. When flying back, having the US passport is the most straightforward option: https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

 

She can show the naturalization certificate if crossing back via land POE: http://web.archive.org/web/20200929115350/https://www.uscis.gov/us-citizens-traveling-internationally "You can also use your original certificate of citizenship or certificate of naturalization."

She would be flying. Also the original naturalization certificate was sent with passport application. She has a photocopy of it though.  So if flying and coming back to US if she did use the Canadian passport along with copy of naturalization certificate would they accept that or not. Trying to assess the situation before tickets are booked.

Posted (edited)
16 minutes ago, newuser1980 said:

So if flying and coming back to US

I have no personal experience with the Preclearance locations. But per case law, they are required to let her in based solely on the fact that she is a US citizen. In the following video, the CBP officer says, "We cannot deny US citizens the right to come into the United States." https://youtu.be/1FB1FTXwGLw?t=2237 The traveler in the video had absolutely no ID on him and they still let him in.

Edited by HRQX
Filed: Citizen (apr) Country: Brazil
Timeline
Posted

I suggest waiting until she has her US passport in hand before buying any tickets to fly to Canada, just to avoid potential problems on re-entry.  A photocopy of her naturalization certificate may not satisfy the CBP officer.  Another option would be for her to go to Canada before the US passport arrives, then you send it to her via FedEx so that she can have it to enter the US.  I'm also a US/Canadian dual citizen, I just returned from a quick 3-day trip to Canada to see my Mom, and the Canadian passport is the only way to enter Canada right now for anything other than essential (work related) travel because of COVID restrictions.  Be sure to have the negative PCR test results within 72 hours of boarding the flight to the US and proof of being fully-vaccinated to avoid the 14-day quarantine requirement.  Good luck!

Posted
7 hours ago, carmel34 said:

I suggest waiting until she has her US passport in hand before buying any tickets to fly to Canada, just to avoid potential problems on re-entry.  A photocopy of her naturalization certificate may not satisfy the CBP officer.  Another option would be for her to go to Canada before the US passport arrives, then you send it to her via FedEx so that she can have it to enter the US.  I'm also a US/Canadian dual citizen, I just returned from a quick 3-day trip to Canada to see my Mom, and the Canadian passport is the only way to enter Canada right now for anything other than essential (work related) travel because of COVID restrictions.  Be sure to have the negative PCR test results within 72 hours of boarding the flight to the US and proof of being fully-vaccinated to avoid the 14-day quarantine requirement.  Good luck!

My son and I would also be going with her too so going and waiting for passport to arrive and send to her is not possible. Since you were up there just recently since my son and I both have US passports and only US citizens we are not able to travel there at this time whether vaccinated or not? Is that accurate? So even if she was able to go and use her Canadian passport my son and I will not be allowed to enter Canada with our US passports? 

Posted
2 hours ago, newuser1980 said:

my son and I will not be allowed to enter Canada with our US passports? 

That is incorrect. US citizens are grouped together with all the other "foreign nationals" but you and your son are immediate relatives of a Canadian citizen so you'll be able to enter Canada if your stay there is for 15 days or more.

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/travel-restrictions-exemptions.html#citizen-pr

https://travel.gc.ca/travel-covid/travel-restrictions/covid-vaccinated-travellers-entering-canada

 
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