U.S. connection from abroad [duplicate]

As someone with dual U.S. and Dominican nationality without U.S. passport, but with Dominican passport can I make connection to U.S. soil from DR ?

Best Answer

Here is the text of 8 USC § 1185(b):

(b) Citizens

Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.

Retrieved from https://www.law.cornell.edu/uscode/text/8/1185.

There is no penalty for violating the law, so, in general, if you can get to a border, I understand that you can apply for an emergency exception from the border officer, who has to let you in if you can show that you are a US citizen. Details of this process are hard to come by, however.

The problem comes with getting to the border. To fly to the US on a commercial flight, you have to show the airline that you have the proper documents. Otherwise, they won't let you board the plane; they risk a heavy fine for bringing someone without the correct documents.

You will therefore almost certainly be unable to board the aircraft unless you have obtained a new US passport, or a valid emergency travel document, from a US consulate.

The airline will board you if you show a Dominican Republic passport with a visa, but when you apply for a visa, if the consulate recognizes that you are a US citizen, your application will be refused.

In short, you will need to get in touch with a US consulate before you can transfer on US soil.

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