I have a Swiss passport and an American passport. My American passport is expired. So I am going home in 2 weeks to Switzerland and I am asking if I can come back, with a Swiss passport, to the United States?
Asked
Active
Viewed 207 times
0
-
8Possible duplicate of Leaving and entering the US with a foreign passport. See also What is the penalty for US citizens entering/leaving the US on a foreign passport? – Michael Seifert Nov 20 '17 at 21:06
-
The onus will be on you to prove US citizenship when entering the US. (Your expired US passport plus your valid Swiss one might suffice, though.) I'd recommend you keep both passports renewed, and use the appropriate one each time, though. – Jim MacKenzie Nov 20 '17 at 21:13
-
Do you hold a US enhanced driver's license? Is it legal for you to travel to Canada? the rules are much relaxed for citizens' re-entry into the US by land. – Harper - Reinstate Monica Nov 21 '17 at 00:40
-
Perhaps you should just pretend you're not a dual citizen and make an expedited application: https://travel.state.gov/content/passports/en/passports/services/expedited.html – phoog Nov 21 '17 at 02:09
-
You must get your US passport renewed, it's that simple. – Fattie Nov 21 '17 at 11:57
-
Depending on how long you plan to be in Switzerland, you may also want to consider getting a new US passport after you get to Switzerland; you can do this at the embassy in Bern or at one of the consulates, which are in Zurich or Geneva. – phoog Nov 21 '17 at 13:49
1 Answers
2
Quick summary:
- The CBP (Customs and Border Protection) and DHS (Deparment of Homeland Security) are quite clear about the entry requirements: US citizens need a valid US passport to enter the US when arriving by air. However, they are also very vague about what happens if you don't have one.
- As a US citizen, you can't be denied entry, which is in direct conflict with the requirements above (See for example https://law.stackexchange.com/questions/16654/can-us-citizens-be-denied-entry-to-the-us). In practice, most likely you will get in, however the CBP can make the process miserable for you.
- No airline will let you board a flight to the US with an expired US passport and they have every right to deny you boarding if you don't have proper paperwork.
- You can try to apply for an ESTA using your Swiss passport, however during the ESTA application you have to list all citizenships that you have. As a US citizen your application will be denied, so you would have to lie on the application. See https://esta.cbp.dhs.gov/esta/application.html?execution=e2s1. Lying on your ESTA is probably not a good idea as it's actually illegal: https://www.justice.gov/sites/default/files/criminal-hrsp/legacy/2011/01/31/1546.pdf
Hilmar
- 99,992
- 6
- 170
- 340
-
1He can use his Swiss passport to board the plane... but it's technically the wrong passport for entering the US as a US citizen. Presenting the expired US one with his Swiss one at US Customs might satisfy the immigration officer, even if this isn't the ideal way to proceed. – Jim MacKenzie Nov 20 '17 at 22:28
-
4The question then becomes can a US citizen get an ESTA on their foreign passport without lying to the US authorities? An alternative approach would be to fly to Canada or Mexico on the Swiss passport and then approach the US border by land but ultimately what the asker should really be doing is applying for an urgent passport renewal. – Peter Green Nov 20 '17 at 22:32
-
-
If they cannot validate your US citizenship but can validate your swiss citizenship, I would think they could potentially claim you are lying about US citizenship and deport you to Switzerland. They just can't deport you to a place you aren't guaranteed right to enter i.e. A citizen. They can't refuse me entry more because they can't prove another country must take me. – Harper - Reinstate Monica Nov 21 '17 at 00:27
-
@JimMacKenzie Swiss Airport staff will not board a passenger travelling on a Swiss passport without a visa if they don't hold a return ticket (which they check electronically at special control booths before you reach the gate) – Crazydre Nov 21 '17 at 00:29
-
I don't see any element of the justice department pdf you linked to that would actually apply to a US citizen omitting that fact when applying for ESTA authorization on a foreign passport. Which part of it did you have in mind? – phoog Nov 21 '17 at 02:01
-
@Coke the return ticket requirement aside, they won't board a Swiss passenger without ESTA authorization, will they? Also, the statutory requirement is actually for a "return or onward ticket," which must be valid for one year. Does the airline have a stricter requirement than the statute? – phoog Nov 21 '17 at 02:03
-
@Harper if the border officer isn't convinced that the traveler is a US citizen, they'll try to get the traveler to agree to voluntary departure, but if the traveler does not agree, they must give the traveler a hearing before a US immigration judge. – phoog Nov 21 '17 at 02:04
-
You must get your US passport renewed, it's that simple. It's really remarkable when folks think they can fly around without a passport, it comes up often on this site! Indeed it's very unlikely they will even sell a ticket, or let you board in the outwards direction, if you "don't have a passport". – Fattie Nov 21 '17 at 11:59
-
@Fattie in OP's defense, nobody's talking about flying around without a passport. He's asking whether he can travel with his Swiss passport only to the USA. – phoog Nov 21 '17 at 13:42