Dual US/Canadian citizen with an expired passport [duplicate]

I'm hoping someone may able to answer my question...

I am a dual citizen of US and Canada. I was born in the states but grew up in Canada and like alot of other dual citizens, I hold both Canadian and US passports. I have never lived in the states so I dont have the social security number and other documentations beside my birth certificate and my passport. (The officials in US consulate in Toronto never says its a problem without another US documentations when they know I never live in US)

My US passport has expired in April and I have since tried to make an appointment with the US consulate in Toronto, but the earliest appointment available at the time of booking was June 4th. Here's the problem ... I'm flying to Vegas on Monday and I am now worried if I will be denied entry into the USA with an expired US passport... I know I have to present my US passport at point of entry and cannot use my Canadian passport (which I have used for my last month trip to Asia).

Will the custom deny my entry ? I'm planning to print out my appointment page and present to the officer as well and was planning to go renew my passport in Nevada if i have to... just wonder if someone has similar experience

Best Answer

As a citizen you can't be denied entry once you arrive on US soil. You will still have to prove you're a citizen, but the expired US passport will go a long way to do that.

It is, however, still "unlawful" for a US citizen to enter the US without holding a valid US passport, no matter whether you have a different valid passport -- see 8 U.S.C. 1185(b) -- but on the other hand the law does not authorize any punishment for doing so, so it would appear the worst they can do to you is give you a bad day.

Plan to spend a good handful of hours in immigration limbo after landing -- that way any surprise is most likely to be in a pleasant direction.

NOTE THAT if you're flying from a Canadian airport with preclearance, the cannot-deny-entry-to-a-citizen principle does not apply, since you're not actually on US soil yet at the point where you would be turned away.

In any case, you should be showing only the Canadian passport to the airline at checkin; nothing illegal about that.

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Does an expired passport count as proof of citizenship Canada?

Applicants can use expired passports as proof of Canadian citizenship but not as a secondary piece of identification. Our Office concluded that the Passport Office has the legal authority to collect the additional information to confirm the applicant's identity.

Can you have two passports if you have dual citizenship?

Dual citizens are people who hold the citizenship for two countries at once. If you have dual citizenship in the US and another country, that means you can hold two valid passports at once!

Can I have both American and Canadian passport?

If more than one country recognizes you as a citizen, you have dual citizenship. You don't apply for dual citizenship, and there is no related certificate. Canadians are allowed to take foreign citizenship while keeping their Canadian citizenship.

Do I need a U.S. passport if I have dual citizenship?

Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.

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