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I have a dual citizenship. I had a pending tax liability with the IRS who confiscated my US passport. The US district court obliged me to pay $ 1,000/ month since 2013, and I did it religiously. I did not travel outside the US for 6 years.

I am planning to travel to Asia in 2020, using the valid Canadian passport. I can request a VN visa to visit the country. My question is: When I come back to the US, will the US immigration accept my Canadian passport to let me in ?

For your information, I live in the US since 1990 and worked and paid taxed to the IRS also. Please, advise ...

Mikael Dúi Bolinder
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Henry Pham
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2 Answers2

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The usual result of a US citizen returning to the US without a US passport is being held long enough to verify that they are a citizen, and lecture them on the rule requiring use of a US passport.

In your case there is an additional complication. Revoking a passport in your sort of situation is usually a sign that there is a court order or a rule or regulation prohibiting international travel. Breaching that may have its own consequences. You could find yourself in contempt of court for disobeying a court order. It might invalidate the payment plan, making the remaining balance immediately due.

On the other hand, given several years of compliance with the payment plan, and a plan for short term travel outside the US, the relevant authority might be willing to let you have your passport back.

I suggest consulting a lawyer. Find out what orders and/or rules are limiting your travel, and what can be done to make travel outside the US fully legal. If you can get a change or waiver, that should result in you being able to get a new US passport, and no problems on return to the US.

Patricia Shanahan
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  • "Revoking a passport in your sort of situation is usually a sign that there is a court order or a rule or regulation prohibiting international travel." I don't think people who are behind on child support or taxes are usually prohibited from international travel. Not being issued a US passport and not being allowed to leave the US are different things. – user102008 Oct 27 '19 at 17:51
  • Probably more than 90% of US citizens wouldn’t be able to leave the USA if their US passport was taken away. I’m sure there must be some paperwork involved which may say that he is not allowed to leave the USA. – gnasher729 Oct 27 '19 at 20:52
  • @user102008 Can you explain the purpose of revoking someone's passport when it is not enforcement of a rule, regulation, or order against international travel? – Patricia Shanahan Oct 28 '19 at 14:27
  • @PatriciaShanahan: Because the law says that US passports are to be denied to people who are behind on child support or taxes? – user102008 Oct 28 '19 at 17:03
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    @PatriciaShanahan: 42 USC 652(k) says the Secretary of State shall refuse to issue a passport to, and may revoke the passport of, someone who owes more than $2500 in child support. Section 32101 of the Fixing America's Surface Transportation Act (public law 114-94) says that the Secretary of State shall refuse to issue a passport to, and may revoke the passport of, someone who owes more than $50000 in taxes. Neither place says that the person can be penalized if they leave the US. – user102008 Oct 28 '19 at 17:21
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They will not accept your Canadian passport once they find out that you are a United States national. However, they are required to allow you back in under federal and international law.

I would triple-check with your lawyer that there is not some court order prohibiting you from leaving the country before doing so--if there is, you could get in a lot of trouble for doing this.

Aidan
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