US/Canada Dual Citizenship + Border Officer Abuse?

[__caitlin 2]

Hello! So I am a U.S. citizen trying to help my Canadian spouse move here for a few years. We only want to live in America for a few years (due to some family situations on my side), and after that, I would prefer to settle down permanently in Canada and become a Canadian citizen.

My understanding is that it IS possible for BOTH of us to eventually become naturalized in each other's countries while STILL retaining our original citizenships, thus both becoming dual citizens. But I have a few questions about the details of this:

1. Say you are are a dual citizen & have been living in Canada, but want to travel to the U.S. for a temporary time. AT THE BORDER, do you initially present yourself as a dual citizen? Do you immediately bring out both passports? Do you only start out by showing them your U.S. passport and saying you are a U.S. citizen? Or do you present yourself as a Canadian citizen?

2. Somebody I knew, when traveling into the United States, initially brought out 2 passports and presented themselves as a dual citizen. They instantly were told by the border officers that they are NOT allowed to be dual citizens and were actually told to renounce one of their citizenships then and there on the spot. My understanding is that the officers were WRONG in doing this - but it is now a constant fear of mine. If you're in a situation like that, what do you do? Do you try and reason and explain the laws...to the officers? And somehow expect that they won't find a way to punish you for it? What do you do?

Any advice would be appreciated! Thanks

[bt1 42]

Hello! So I am a U.S. citizen trying to help my Canadian spouse move here for a few years. We only want to live in America for a few years (due to some family situations on my side), and after that, I would prefer to settle down permanently in Canada and become a Canadian citizen.

My understanding is that it IS possible for BOTH of us to eventually become naturalized in each other's countries while STILL retaining our original citizenships, thus both becoming dual citizens. But I have a few questions about the details of this:

1. Say you are are a dual citizen & have been living in Canada, but want to travel to the U.S. for a temporary time. AT THE BORDER, do you initially present yourself as a dual citizen? Do you immediately bring out both passports? Do you only start out by showing them your U.S. passport and saying you are a U.S. citizen? Or do you present yourself as a Canadian citizen?

2. Somebody I knew, when traveling into the United States, initially brought out 2 passports and presented themselves as a dual citizen. They instantly were told by the border officers that they are NOT allowed to be dual citizens and were actually told to renounce one of their citizenships then and there on the spot. My understanding is that the officers were WRONG in doing this - but it is now a constant fear of mine. If you're in a situation like that, what do you do? Do you try and reason and explain the laws...to the officers? And somehow expect that they won't find a way to punish you for it? What do you do?

Any advice would be appreciated! Thanks

I do believe that the US doesn't recognize dual citizenship.

[dreed 4]

1. Say you are are a dual citizen & have been living in Canada, but want to travel to the U.S. for a temporary time. AT THE BORDER, do you initially present yourself as a dual citizen? Do you immediately bring out both passports? Do you only start out by showing them your U.S. passport and saying you are a U.S. citizen? Or do you present yourself as a Canadian citizen?

When entering the US, you present your US passport. Unless specifically asked, don't even mention that you have a Canadian passport. Don't even mention the words "dual citizen." Keep it simple: present your US passport and you'll expeditiously be on your way.

When returning to Canada, you present your Canadian passport. As before, don't mention "dual citizenship" and don't present your US passport.

If an officer asks you about dual citizenship or passports from other countries, just answer the questions truthfully.

2. Somebody I knew, when traveling into the United States, initially brought out 2 passports and presented themselves as a dual citizen. They instantly were told by the border officers that they are NOT allowed to be dual citizens and were actually told to renounce one of their citizenships then and there on the spot. My understanding is that the officers were WRONG in doing this - but it is now a constant fear of mine. If you're in a situation like that, what do you do? Do you try and reason and explain the laws...to the officers? And somehow expect that they won't find a way to punish you for it? What do you do?

There is nothing wrong with dual citizenship from the US point of view. As long as you enter the US on your US passport, you'll be fine. But, if you somehow can't control yourself and tell the officer you have 2 passports, and s/he tells you to renounce citizenship of one of your countries (a very unlikely scenario), the best thing to do is ask for a supervisor.

(yes - I am a dual citizen - I know this stuff first-hand)

Edited March 11, 2013 by dreed

[__caitlin 2]

I do believe that the US doesn't recognize dual citizenship.

I'm mainly referring to this part of this article: travel[.]state[.]gov/law/citizenship/citizenship_778[.]html

In light of the administrative premise discussed above, a person who:

is naturalized in a foreign country;

takes a routine oath of allegiance to a foreign state;

serves in the armed forces of a foreign state not engaged in hostilities with the United States, or

accepts non-policy level employment with a foreign government,

and in so doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed.

When, as the result of an individual's inquiry or an individual's application for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. citizen has performed an act made potentially expatriating by Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4) as described above, the consular officer will simply ask the applicant if he/she intended to relinquish U.S. citizenship when performing the act. If the answer is no, the consular officer will certify that it was not the person's intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship.

So basically, you can lose U.S. citizenship through a number of methods (getting naturalized in a foreign country, being in the military for an opposing country), but the common ground is that in all those situations, you must EXPLICITLY declare/sign statements saying that you wish to renounce your citizenship.

According to the part I quoted, if you DO NOT explicitly make such statements, they will presume your intent to RETAIN your U.S. citizenship - and then you will, well, retain it.

I know that the U.S. does not *encourage* dual citizenship, but everything I've read points to the fact that it does recognize and tolerate it and does not require you to automatically renounce U.S. citizenship even if you are naturalized somewhere else.

[N-o-l-a 7,167]

It shouldn't be a problem..but you should never present two passports at the POE. I always present my American one when entering America/Canada and the British one when entering Europe. It should not even be talked about unless POE specifically asks and then of course, you should answer honestly.

Edited March 11, 2013 by Nola123

[__caitlin 2]

When entering the US, you present your US passport. Unless specifically asked, don't even mention that you have a Canadian passport. Don't even mention the words "dual citizen." Keep it simple: present your US passport and you'll expeditiously be on your way.

When returning to Canada, you present your Canadian passport. As before, don't mention "dual citizenship" and don't present your US passport.

If an officer asks you about dual citizenship or passports from other countries, just answer the questions truthfully.

...

There is nothing wrong with dual citizenship from the US point of view. As long as you enter the US on your US passport, you'll be fine. But, if you somehow can't control yourself and tell the officer you have 2 passports, and s/he tells you to renounce citizenship of one of your countries (a very unlikely scenario), the best thing to do is ask for a supervisor.

(yes - I am a dual citizen - I know this stuff first-hand)

So you mean, upon scanning your passport into their computer, it won't show up on your records that you're a dual citizen? Wouldn't the officers be suspicious of the fact that it shows that you left the U.S. and haven't come back for an extremely long period of time?

Sorry! I'm just paranoid because a couple years ago my husband (then-fiance) had a bad incident with some border guards which went so far as to include verbal abuse based on his appearance and our relationship, so I am always wary now about the same thing happening again.

But thank you! Your answers help a lot.

[newacct 688]

I'm a U.S.-Canada dual citizen living in the U.S., and I travel with my U.S. passport only, even when visiting Canada. This is okay since I only visit Canada for short periods, so it doesn't matter. Although if I lived in Canada I might consider entering Canada using my Canadian passport (so I don't get questions about how long I'll be in Canada). The U.S. has a law that U.S. citizens must enter and leave the U.S. with a U.S. passport, but Canada has no such law about Canadian citizens.

[newacct 688]

So you mean, upon scanning your passport into their computer, it won't show up on your records that you're a dual citizen? Wouldn't the officers be suspicious of the fact that it shows that you left the U.S. and haven't come back for an extremely long period of time?

Sorry! I'm just paranoid because a couple years ago my husband (then-fiance) had a bad incident with some border guards which went so far as to include verbal abuse based on his appearance and our relationship, so I am always wary now about the same thing happening again.

But thank you! Your answers help a lot.

What would they be "suspicious" of?

I didn't really get what you said about the computer, but perhaps you are saying something like they see no foreign entry stamps in your U.S. passport when you return? Well, 1) I'm not sure they always stamp your passport when entering Canada anyway, 2) you don't even have to answer their questions as a U.S. citizen entering the U.S., and 3) you can just say you used your Canadian passport to enter Canada because you're a dual citizen. No reason to be shy about it.

[__caitlin 2]

What would they be "suspicious" of?

I didn't really get what you said about the computer, but perhaps you are saying something like they see no foreign entry stamps in your U.S. passport when you return? Well, 1) I'm not sure they always stamp your passport when entering Canada anyway, 2) you don't even have to answer their questions as a U.S. citizen entering the U.S., and 3) you can just say you used your Canadian passport to enter Canada because you're a dual citizen. No reason to be shy about it.

Well what I meant was, say I am a dual citizen but have been living in Canada for the past 5 years. Then I want to visit the U.S. for a week, so I come in presenting my U.S. passport saying I am a U.S. citizen and not initially sharing anything else.

But in my records won't it show that I actually left the U.S. and haven't been there for 5 years - not typical behavior of a U.S. citizen? I just thought maybe it would tempt them to think that I was hiding something in my initial presentation of myself.

[LlamaInvasion 76]

The border patrol won't find it odd if you've been out of the country for a number of years. There are all sorts of reasons why a person might stay away from the US for a number of years. There's nothing suspicious about it.

Like others have said; when entering the US, present your US passport. When entering Canada, present your Canadian passport. That's all there is to it.

PS. Jealous you're permitted to have dual citizenship. My home country (Norway) doesn't permit it, so if I ever want an American citizenship, I have to give up my Norwegian one. Things would be so much easier if my husband and I could be dual...

[newacct 688]

But in my records won't it show that I actually left the U.S. and haven't been there for 5 years - not typical behavior of a U.S. citizen? I just thought maybe it would tempt them to think that I was hiding something in my initial presentation of myself.

Some U.S. citizens have not stepped into the country their whole lives. One of the benefits of U.S. citizenship is that you can be away as long as you like and come back whenever you want.

[Craig and Nicole 1]

I am also an US/Canadian dual citizen and I cross the border frequently, by car. I live in America, have a job in America, and drive a car registered in America - therefore, I use my American passport. During times I've lived and worked in Canada, I used my Canadian passport. I've always been under the impression that the more everything lines up, the easier the crossing will be. So far so good!

[__caitlin 2]

So I'm seeing 2 main approaches here: 1) Always use the passport of whichever country you're trying to enter, vs. 2) Use the passport of the country you're currently living/working in.

I am also an US/Canadian dual citizen and I cross the border frequently, by car. I live in America, have a job in America, and drive a car registered in America - therefore, I use my American passport. During times I've lived and worked in Canada, I used my Canadian passport. I've always been under the impression that the more everything lines up, the easier the crossing will be. So far so good!

So when you've presented your passport to them at the border, did it ever come up in questioning that you are actually also a Canadian citizen as well? Or did they just end up assuming the whole time that you were solely American?

Thanks everyone! These responses really help.

Edited March 13, 2013 by __caitlin

[Harpa Timsah 13,258]

So I'm seeing 2 main approaches here: 1) Always use the passport of whichever country you're trying to enter, vs. 2) Use the passport of the country you're currently living/working in.

NO. If you are a US citizen, you MUST enter the US on your US passport. Period.

Above someone said that Canada does not require you to enter on your Canadian passport, but the US does require it. You must enter the US on a US passport if you are a US citizen.

There is no rule that citizens must live in the US, so there is absolutely nothing suspicious about being out of the country for a long time. You can live the rest of your life out of the country, if you want. That is the benefit of being a citizen. You also must file taxes on worldwide income as a US citizen, even if you work abroad.

[hmh33 117]

If you are a US citizen, you have an absolute RIGHT to enter the US at any time. Likewise, if you are Canadian citizen, you have a similar right to enter Canada. A border guard might decide to go on a power trip, but he can't prevent you from entering.