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I've checked many old threads here but nobody has approached this specific scenario.

I recently became a naturalized American, it happened within 4 weeks of applying so was shocked and never considered the implications. Not least being offered the a naturalization ceremony 20 mins after the approval interview.

I'm a French and now a US citizen who had a greencard and Global entry, the day I "became American" I had my greencard taken away, but had a flight to Germany that night. Which I had to take for family reasons.

That day, while in the US, I rushed to get my passport processed over the holidays, but expect it will be done in 5 weeks time.

So I'm now in Germany, as a French passport holder, as a US citizen, with no US Passport, and I'm due to return to USA for a vital business meeting in 2 weeks time.

It seems LIKELY I can apply for an ESTA, say I'm not a US citizen, get the ESTA, board the plane and try global entry to sneak in, or the worst case, get denied on Global entry, speak to a CPB border official, show my passport application and copy of my naturalization certificate, and it seems while I've broken the law, there is no penalty possible. Is there a penalty for lying on my ESTA?

If I try this, what is the worst that can happen? Pay a Fine? Denied entry and attempt later? - seems unlikely as I have good documentation? Citizenship taken away? etc

My other option is to try to get into Embassy in Paris, get urgent appointment, show a copy of naturalization certificate (not allowable) and get my first passport issued urgently, and then travel on this. This seems unlikely.

Or wait in US for first passport to be sent, with means missing out on vital business meetings which will impact my company a lot.

EDIT/UPDATE Thanks for all your help, in the end I got an emergency travel appointment in the US embassy and got awarded my first passport, an emergency passport in about 15 mins. I was amazed.

Peter M
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newbie1001
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  • Among the things which may happen: your ESTA gets denied, you get denied boarding by CBP, you get a long talk with CBP on arrival, you have to wait for hours on arrival for them to check your documents. You definitely don't want to lie on your ESTA (do not say you do not have US citizenship). – jcaron Dec 22 '22 at 12:58
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    Among the alternatives, you could travel to Canada, where you'll be in more direct contact with CBP from the start (either at a land border crossing or at a pre-clearance airport). – jcaron Dec 22 '22 at 13:01
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    You can get a granted ESTA even if you state you are a US citizen. I recall many questions here with that, it is not as clear-cut as with a Canadian eTA for example. You can try that and the worst that can happen is you lose a couple of dollars, and you have to get an emergency passport (or go through Canada at a land border) – Nicolas Formichella Dec 22 '22 at 13:01
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    @jcaron They wouldn't even touch the Pre-clearance because they will be denied checkin from the outset. Land border crossing are a good bet though – Nicolas Formichella Dec 22 '22 at 13:03
  • Why would I be denied checkin with a “valid” ESTA in hand ? It would be very easy for to get an ESTA , the systems don’t talk to each other at all. – newbie1001 Dec 22 '22 at 14:16
  • Why can’t I lie on esta ? I’m asking for worst case scenarios. I’m fine with long waits or grumpy CPB people. I see no reason my esta would be denied if I lie. So wondering what the likely worst cases are ? Penalties for ESTA lies if you are American? – newbie1001 Dec 22 '22 at 14:18
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    The worst case scenario for lying on ESTA is a fine of up to $250,000 and/or imprisonment up to 5 years. This is an exceedingly unlikely punishment even in the exceedingly unlikely event of a conviction under 18 USC 1001, but it is theoretically possible, so qualifies as a worst-case scenario. – phoog Dec 22 '22 at 15:34
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    As to being denied check-in with an approved ESTA, it's possible that the CBP system that evaluates the APIS record sent by the airline will notice your US citizenship and send a "do not board" response because of 8 USC 1185(b). I don't think they do this, but who knows if they'll start at some point. Someone posted here a while ago saying how she was flying from Canada and she got a boarding pass, but the preclearance immigration inspector (I think) wouldn't let her through; instead she had to miss the flight and go get an emergency passport. – phoog Dec 22 '22 at 17:20
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    @newbie1001 when you check in, the airline sends your details to CBP. They do whatever checks they want, and return either an “OK to board” or “do not board” message. Obviously if you need an ESTA and don’t have one it will be “do not board”, but there are a lot of other possible conditions that can lead to that result (including all the infamous your-name-is-the-same-as-one-on-the-no-fly-list). Not saying it’s likely they will find something wrong with your situation and deny boarding, but you are asking for worst case scenarios, it could happen. Especially if you lie on your ESTA application – jcaron Dec 22 '22 at 22:53
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    @jcaron unfortunately the airline won't let OP speak to CBP until they validate their visa status. – JonathanReez Dec 22 '22 at 22:54
  • @phoog the main problem with a conviction under 18 USC 1001 is not the penalty or imprisonment (which may be unlikely), but a felony conviction, which is an indefinite stain which can cause a whole lot of troubles to the person. Ask Michael Flynn. – littleadv Dec 23 '22 at 00:06
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    Fly through Shannon, Ireland or other point that has US Customs Preclearance. That way, you sort it out on YOUR side of the pond, and if you get on the plane you are golden. Also, US immigration will be right there to tell the airline "nah, he's cool". Also lying to immigration does not suddenly become a good idea. – Harper - Reinstate Monica Dec 23 '22 at 04:18
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    @Harper-ReinstateMonica Preclearance will not help, the airline would deny checkin before CBP can be seen as airlines are required to validate visa status which OP doesn't currently have – Nicolas Formichella Dec 23 '22 at 06:10
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    "That day, while in the US, I rushed to get my passport processed over the holidays" -> how did you apply for the US passport on the same day after the oath? – Franck Dernoncourt Dec 23 '22 at 06:29
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    "I recently became a nationalized American..." Please don't get carried away. – Dave Dec 24 '22 at 15:15
  • "say I'm not a US citizen" doesn't sound like a great idea – njzk2 Dec 25 '22 at 13:30
  • Could you drop the theoretical and concentrate on the real 'likelies'?

    How sure are you that you have a passport/visa/any other document entitling you to enter the USA?

     – Robbie Goodwin Dec 27 '22 at 00:30
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    @Harper-ReinstateMonica potentially bad advice if OP is denied ESTA or CBP sends a "do not board" message to the airline during check-in. The airline won't let you go talk to CBP to sort it out: https://travel.stackexchange.com/questions/175273/when-flying-from-preclearance-airports-to-the-us-do-airlines-validate-your-visa?noredirect=1&lq=1 – JonathanReez Dec 30 '22 at 02:16
  • @littleadv I'm sure that some would find the $250k fine and the 5 years in prison to be more of a problem than living with the felony conviction (especially anyone who's already living with a felony conviction), but your point is well taken. There will be additional trouble after any imprisonment is finished and any fine paid. But again I would like to underscore that a prosecution under 18 USC 1001 for failing to disclose US citizenship on an ESTA application is extremely unlikely unless it was part of some other crime. For now at least. – phoog Nov 23 '23 at 16:36

5 Answers5

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Instead of trying stunts like lying on your ESTA which have potential consequences, contact the nearest US embassy and seek advice. You are not the first US citizen to be abroad and need to get back quickly without a passport.

Jack Aidley
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    I’m asking what the consequences are . Given that I don’t have my naturalization documents and am asking for a first passport, I’m not the first to be in this situation but I’m not a typical case – newbie1001 Dec 22 '22 at 19:41
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    @newbie1001: I understood you're question, but your framing is an XY problem. Solve the problem you actually have - a US citizen abroad who doesn't have their passport and needs to get home for a set deadline. – Jack Aidley Dec 22 '22 at 20:10
  • *your

    Why would their be consequences of arriving in the US and trying to enter without using my ESTA. The ESTA gets me on the plane but at the border I'd be entering as a US citizen, I'd not show my ESTA with the lie.

     – newbie1001 Dec 22 '22 at 23:31
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    @newbie1001 do what you want, but you’ve got an answer: lying on an ESTA is still a crime, probably with no consequences. Going to a US Embassy seems like a very obvious first step. – Tim Dec 22 '22 at 23:41
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    @newbie1001 ESTA, as the name implies, is an electronic document stored in CBP database. No one shows ESTA to immigration officers since CBP already has it... The offence of making false statement was committed the moment you submit the application form with knowingly incorrect information. – xngtng Dec 22 '22 at 23:42
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    @newbie1001 *there – Oliphaunt Dec 23 '22 at 07:06
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    @Oliphaunt Isnt mixing up "their" "theyre" and so on and starting to use "should of" not part of the naturalization process for foreigners ;) – Yanick Salzmann Dec 23 '22 at 19:16
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    @YanickSalzmann ha! You may well be right! But the reason for my comment was OP's own "*your", which came across a little overly pedantic, at least to me. – Oliphaunt Dec 23 '22 at 19:49
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You can also try applying for ESTA and disclosing your US citizenship, which protects you from accusations of lying to the government (which is potentially a felony). If your ESTA is granted, then you can fly to the US with your French passport and present yourself at the US citizens' line when you arrive. Show your French passport and your naturalization certificate and explain why you didn't get an emergency passport to return to the US.

Another option is to go to the US embassy or consulate in France and get an emergency passport, but this might cause your pending passport application to be abandoned.

phoog
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So far, the existing answers offer frame challenges, but your actual question has only been addressed in comments. So let's compile those comments into an answer (because comments are ephemeral).

What kind of bad stuff can happen when lying on an ESTA application?

  • Your ESTA gets denied, you get denied boarding by CBP, you get a long talk with CBP on arrival, you have to wait for hours on arrival for them to check your documents. (@jcaron)
  • As to being denied check-in with an approved ESTA, it's possible that the CBP system that evaluates the APIS record sent by the airline will notice your US citizenship and send a "do not board" response because of 8 USC 1185(b). I don't think they do this, but who knows if they'll start at some point. (@phoog)
  • The worst case scenario seems to be a fine of up to $250,000 and/or imprisonment up to 5 years. This is an exceedingly unlikely punishment even in the exceedingly unlikely event of a conviction under 18 USC 1001, but it is theoretically possible, so qualifies as a worst-case scenario. (@phoog)
  • The main problem with a conviction under 18 USC 1001 is not the penalty or imprisonment (which may be unlikely), but a felony conviction, which is an indefinite stain which can cause a whole lot of troubles to the person. Ask Michael Flynn. (@littleadv)
Oliphaunt
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Update: looks like OP reported that getting an emergency passport was super quick. Updating my answer accordingly.

What I would do is:

  1. See how fast you can get an emergency passport. If it's quick enough, go get it. Otherwise...
  2. Apply for ESTA, specifying you're a US citizen. Some people on this site have reported it works.
  3. If the ESTA is approved, you're good to go.
  4. If the ESTA is rejected, buy a ticket to Canada (Vancouver or Toronto are a good bet) or Mexico (Tijuana), then take the bus, train or drive a rental car to the US. If you go to Tijuana you could also just walk across the border very easily thanks to the Cross Border bridge.
  5. Since October 1st 2022 VWP-eligible passports are required to apply for ESTA in advance, so taking public transit might be a little more tricky, as some bus operators verify your documents in advance, though it's not clear if they now also check that you have a valid ESTA. So if you don't want to drive a rental car, your best bet would be to use an operator that doesn't check IDs, take the Amtrak from Vancouver (where there's CBP officers at the station) or go to Tijuana as mentioned above.

Once you're at the US border the CBP officer will pretty much have no choice but to let you in. As an absolute worst case scenario you'll have to wait a bit in secondary inspection while they verify your naturalization details.

JonathanReez
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  • Comments are not for extended discussion; this conversation has been moved to chat. – JonathanReez Dec 23 '22 at 18:44
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    Just to clarify that Jonathan agreed with me in the chat that there's a risk in this proposition. The OP may end up being stranded in CBP detention for prolonged periods of time or sent away back to the nearest consulate to prove his identity. As I have shown in the chat, there are multiple examples of ICE and CBP deporting or denying entry to US citizens, which include months and years of incarceration. So while Jonathan suggests to be "legally right", the OP would be better served with other suggestions to be "smart". – littleadv Dec 23 '22 at 21:34
  • Thanks for this and enjoyed the extended chat. I was wondering now if things have changed since VWP members now need to get an ESTA to cross

    "Effective October 1, 2022, all Visa Waiver Program (VWP) travelers intending to enter the United States by land will be required to obtain an approved Electronic System for Travel Authorization (ESTA) prior to application for admission at land border ports of entry"

    https://help.cbp.gov/s/article/Article-1258?language=en_US.

    Seems like in order to get on a bus to travel to the border from say Montreal, I'd need to show an ESTA anyway?

     – newbie1001 Dec 27 '22 at 11:31
  • @newbie1001 it depends on the bus operator. But you could always do a one-way rental or use the Tijuana crossing which is easily accessible by public transit. – JonathanReez Dec 27 '22 at 13:34
  • How is it that using certain bus operators would allow people to sidestep the new requirement to have a valid ESTA to cross the land border? – phoog Dec 29 '22 at 22:41
  • @phoog I don't know if bus operators now check that you have a valid ESTA. Previously when taking the bus from Vancouver to Seattle the documents check was very much cursory but this might've changed since October. I've updated my answer. – JonathanReez Dec 29 '22 at 22:54
  • Oh right, because the traveler in this case is a US citizen, so the ESTA is not in fact necessary to cross the border, only (if the bus company requires it) for boarding the bus. I'd somehow forgotten about the dual citizenship aspect when I posted that comment. – phoog Dec 30 '22 at 10:35
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The best solution would be to get an emergency passport from the nearest US consulate.

If you cannot for whatever reason, you can travel through Canada or Mexico, and use the Global Entry card to enter the US through the land crossing. Given the documents that you said you currently have, this is the only way the CBP would let you in without an emergency foil from the consulate.

For reference, see the CBP guidance here. If the CBP inspection raises a question as to why no US passport is linked to your Global Entry card despite your naturalization, you may explain the situation to them. While it is very unlikely, they may still send you back to the nearest consulate for an emergency document. I doubt that would happen, since the Global Entry card is an acceptable document to enter the US by land, and your Global Entry card continues to be valid. You'll update it with your US passport once you get it at any Global Entry service center.

littleadv
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