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I live in Costa Rica but I am a US citizen. The last time I traveled solo back to the States, the customs agent grilled me about how long I live in CR vs the US. He said I needed to reside in the US for at least 6 months out of the year to qualify for residency status. Absurd, I think.

Can anyone expand on this? I have to travel solo again next month back to the US, and I would like to be better prepared for any unfair irregularities.

Kate Gregory
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Chris Denise Badger
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    What "residency status" was he talking about? Why would you want any sort of residency status in the US when you do not actually reside there? Did you enter the value of your goods in the "residents" box on the customs form? – phoog Oct 24 '17 at 02:03
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    There are some differences in customs duties for returning residents from non-residents. Maybe the customs agent was trying to determine if you were a returning resident for that purpose? – Patricia Shanahan Oct 24 '17 at 02:49
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    I agree with @PatriciaShanahan and I'm going to guess you filled in the Residents $ amount on the customs form. Next time leave that empty and fill in the Visitors $ amount instead, and all will go better. – user38879 Oct 24 '17 at 04:37
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    What exactly happened? Were you compelled to do something? – DTRT Oct 24 '17 at 10:25
  • This question makes no sense. I find it really unlikely that an agent would confuse a resident with a citizen. Did you actually present a blue United States Passport to the guard? – Lemuel Gulliver Oct 24 '17 at 13:52
  • Obviously, I am as confused as everyone else about this. I did not have anything to declare, so yes, the form read zero. Yes, the agent was thumbing through my "blue" US passport at the time of questioning. In the end, he abruptly asked if I spent at least 6 months in the States in lieu of Costa Rica. When I replied with a firm yes, he let me continue. I can see by all the remarks that this was an unwarranted and unusual issue. I can assume it won't happen again in future. If it does, I'll be a bit more prepared. Thank you all for your comments. – Chris Denise Badger Oct 24 '17 at 16:24
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    @LemuelGulliver they didn't "confuse a resident with a citizen", they were determining a resident citizen from a nonresident citizen. – hobbs Oct 24 '17 at 17:40

3 Answers3

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CBP stands for Customs and Border Protection. Proof of citizenship, as other answers have pointed out, resolves the issue of whether you should be allowed to enter. It does not resolve the issue of what customs duties you need to pay.

The last question on the first page of the US Customs Declaration and the back of the form require different answers from residents and non-residents. Residents declare everything they are bringing into the US. Non-residents only declare what they will leave in the US. On the other hand, residents get a $800 duty-free exemption, non-residents $100. Your choice of box for Question 15 tells them whether you are declaring as a resident or non-resident, so be careful where you put your answer.

Residence and citizenship are separate issues - I am a British, not US, citizen but fill in the declaration as a US resident, because I live in the US. I am not a UK resident, which affects issues such as access to the National Health Service.

In complicated, borderline cases such as digital nomads and people with multiple homes, determining residence can be quite complicated, and you can be resident in multiple countries and in different countries for different purposes. In simple cases, if you would unequivocally say "I live in country X", country X is your country of residence.

The customs issue is the simplest explanation of a CBP official questioning a US citizen about resident status on entry. Either you answered as a resident and the official thought you might not be a resident, or you answered as a non-resident and the official thought you might be a resident. Either way, they would ask questions related to your resident/non-resident status, such as how much of your time you spend in the US.

As long as you continue to live outside the US declare as a non-resident. If questioned by CBP about your non-resident status just answer the questions. It is a legitimate subject for them to ask about, and does not mean they are questioning your right to enter the US.

Patricia Shanahan
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  • The officer asked what I was doing in CR. When I said we rent a house here part-time, he became agitated and asked when the last time I was back in the States. I told him 2 months prior. Then he asked me, still very aggressively, if I spend more time in the States or in CR. He told me I needed to spend at least 6 months in the States, I complied (now close to tears) and said that I did. After asking a few more questions like what my husband did for a living and so forth, he then let me pass. It was the first time traveling back alone, and I will have to do so again next month. – Chris Denise Badger Oct 24 '17 at 16:40
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    @ChrisDeniseBadger Did you do your customs declaration as a resident or non-resident? – Patricia Shanahan Oct 24 '17 at 16:46
  • If you have a dual home situation, check the rules against your history before your next travel. Make sure you know whether or not you are a US resident, complete the customs form accordingly, and perhaps have some documentation showing how much time you spend where to support your decision. – Patricia Shanahan Oct 24 '17 at 16:53
  • @ChrisDeniseBadger if it happens again you might want to ask why the officer thinks you need to spend at least six months in the US. Many US citizens live outside the US for years at a time. – phoog Oct 24 '17 at 16:54
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    @phoog According to the question, it was "at least 6 months out of the year to qualify for residency status". A US citizen who has lived outside the US for years at a time would be absolutely entitled to enter the US, but not entitled to claim to be a US resident on a customs form. – Patricia Shanahan Oct 24 '17 at 18:56
  • @PatriciaShanahan but we are assuming that this was the issue at hand; we do not know. That is why I suggest asking. Anyway, the regs provide that US citizens be considered "returning residents" unless they specifically request to be treated as nonresidents, so I suspect that your last sentence may be incorrect. – phoog Oct 24 '17 at 19:36
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    @ChrisDeniseBadger "(now close to tears)" you were close to tears because he asked you where you spend more time? Is there something else missing here? – CodyBugstein Oct 24 '17 at 22:16
  • @phoog The CFR says "in the absence of satisfactory evidence" (with nothing about who has to provide that evidence), and a CBP page says "you're only returning if your time outside the US was temporary." I'm not so sure that US citizens are automatically returning residents unless they specifically request to be classed as nonresidents. – cpast Oct 24 '17 at 22:37
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    @CodyBugstein, why such a silly question? It's incredibly obvious that she was not upset because she was asked a question, and that she was close to tears because "he became agitated" and "Then he asked me, still very aggressively, if I spend more time in the States or in CR." This description of the attitude of the officer makes it blatantly obvious that she was afraid of being accused of wrongdoing or having some sort of legal problem, NOT that she was upset by being asked a simple question. – barbecue Oct 24 '17 at 23:15
  • @barbecue border guards are very often aggressive. I don't see anything exceptional here. Crying would probably make things worse and arouse more suspicion – CodyBugstein Oct 24 '17 at 23:38
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    @CodyBugstein there's nothing exceptional about someone being robbed either, doesn't mean it's not upsetting. Context. It matters, people. – barbecue Oct 24 '17 at 23:49
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    It is true that crying is like to make things worse, but it is a natural reaction from someone being questioned aggressively in an unfamiliar situation. The best solution is for the OP to research the resident/non-resident situation, and carry documentation supporting their choice. As already pointed out, not being US resident does not affect a US citizen's right to enter the US. – Patricia Shanahan Oct 25 '17 at 02:09
  • Citizenship is no guarantee of entry nowadays, FATCA and/or any IRS complications may exclude you. Yes, filling out the forms correctly always helps. – mckenzm Oct 25 '17 at 05:55
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    @ChrisDeniseBadger your "he became agitated and ... very aggressively" might be his, this woman is acting very uncooperative and evasive. – RonJohn Oct 25 '17 at 06:09
  • @mckenzm can you explain how FATCA or IRS complications would lead to CBP refusing entry to a US citizen? As far as I am aware, it is not possible. People may choose not to return to the US to avoid facing unpleasant legal consequences of falling to comply with FATCA or other US law, but CBP would never prevent them from entering if they did decide to travel to the US. – phoog Mar 10 '19 at 00:46
  • @phoog, let's say you are 30 years old, and have never filed. This is your first entry into the US, you are arbitrarily assessed for $100K for each year you have not filed, or a loose 3 million. Maybe not an issue if you have it or choose to go into custody upon entry. – mckenzm Mar 11 '19 at 01:59
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The Customs and Border Protection officer is confusing your status with that of a Resident or Non-Resident Alien for the purposes of US Tax Law, which a CBP officer is allowed to query your status under.

Basically, US Tax Law requires non-citizen residents (so Resident and Non-Resident Aliens) to be taxed under given criteria, including the Substantial Presence Test which is what the CBP officer is referring to.

If you are a US citizen, you can ignore his comments - you are taxed differently.

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    Why would a US customs officer care about whether someone is a resident or nonresident alien for income tax purposes? I find that highly unlikely. Perhaps he was asking with respect to the personal duty-free exemption, which depends on residency. – phoog Oct 24 '17 at 02:06
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    @phoog Customs officers can pass information on to the relevant tax authority - if they think you are avoiding taxes, they can and will pass that information on to the IRS. UK Customs do the same thing with HMRC. –  Oct 24 '17 at 02:07
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    When I lived outside the US for nearly six years, no customs or immigration officer showed the slightest bit of interest in my income taxes or anything related to them. – phoog Oct 24 '17 at 02:09
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    @phoog good for you. Others aren't as lucky - https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/1736495-irs-using-cbp-harass-taxpayers.html –  Oct 24 '17 at 02:12
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    That post concerns a delinquent taxpayer from whom the IRS was hoping to get information by way of CBP. That doesn't explain why the officer would have been talking about residency. – phoog Oct 24 '17 at 02:23
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    @phoog sigh I give up - do you want me to delete the answer? Just say so and I will. Fact of the matter is that the CBP does get involved in IRS issues at the border and determining residency status is a good fishing question - if the officer gets it right.... –  Oct 24 '17 at 02:37
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In addition to the customs issue, which seems to be a likely explanation, the CBP officer might have tried to gauge if the passport was genuine and belonged to you. One way to make that estimation is to talk about the personal data and the circumstances of the trip. The real owner of the passport will have his date of birth memorized, know where he is coming from and where he is going, and so on. An illegal immigrant with false papers might trip on such questions.

o.m.
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    While this is true, I don't see how an assertion that the traveler needs to spend at least six months in a year in the US would help uncover a counterfeit or misused passport. – phoog Oct 24 '17 at 16:55
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    @phoog, surely the customs issue is the main thing. But we regularly get assertions like "an US citizen can always enter, so why would they question him" like the deleted answer here. Wrong. An US citizen can enter as soon as he convinces the CPB officer that he is a genuine US citizen and not an impostor. – o.m. Oct 25 '17 at 05:07
  • Even after CBP is convinced that the traveler is a US citizen, however, there remain reasons for further questioning, as explained by Patricia Shanahan. So the determination that the traveler is a US citizen does not exclude the possibility of further detention for questioning or search. – phoog Oct 25 '17 at 08:43
  • If the US citizen derived citizenship from naturalization, being out of the country more than you are in country could be considered abrogating the US Citizenship. – Matthew Barclay Mar 03 '18 at 19:34
  • @MatthewBarclay there was a policy like that some 80 or 100 years ago, but the courts struck it down because it had no statutory basis. A naturalized citizen cannot be deprived of US citizenship for living abroad, no matter how long the person has lived in the US or outside of it. An 18-year-old could move to his or her home country directly from the naturalization ceremony, remain outside the US for 80 years, and still return as a US citizen at the age of 98. – phoog Mar 10 '19 at 00:50