An Ivorian woman with an American passport ( Dual nationality) was denied entry into the United States because she left the country without an Ivorian visa, using her Ivorian passport to enter Côte d’Ivoire, and then attempted to return to the U.S. with her American passport.
Apparently, the immigration officer asked her how she entered Côte d’Ivoire, and when she replied that she used her Ivorian passport, the officer confiscated her U.S. passport, telling her that she did not need it if she was using her Ivorian one.
Legally, the officer was right. U.S. law states:
“If you are a U.S. citizen with multiple passports, you must use your American passport to enter and exit the United States.”
Previously, many Africans ignored this rule, but under the Trump administration, which has strict immigration policies targeting even legal immigrants from Black, South American, and Asian backgrounds, immigration officers are enforcing the law more strictly.
The immigration landscape has changed significantly, and previously overlooked practices are now being strictly punished.
Please warn anyone you know who engages in this practice to avoid trouble.
According to the U.S. Department of State, “U.S. nationals, including U.S. dual nationals, must use a U.S. passport to enter and leave the United States. U.S. dual nationals may also be required by the country of their foreign nationality to use that country’s passport to enter and leave that country. Use of the foreign passport to travel to or from a country other than the United States is not inconsistent with U.S. law.”
Important tips to keep in mind whenever you leave or enter the U.S.:
1. When you complete API (Advance Passenger Information) online with your carrier, ensure you enter your US passport information first. There may be no option for you to enter a second passport.
2. When checking in at the counter, present your U.S. passport first. When they ask for a visa to the destination country, if needed, you can present the passport that allows you to enter the country. Both passports will be captured in API.
3. For example, if you only presented your Nigerian passport, your U.S. passport information would not be captured in the API system and you would not be deemed to have left the U.S. with a U.S. passport.
4. API is a system that collects and shares passenger data with border control agencies before a flight arrives or departs.
5. Do not lie to officials at the port of entry. They already have all your departure and arrival information in from of them. They intentionally ask you what they already know to see if you would lie or you’re impersonating.
6. Some CBP agents maybe overzealous, but do not be afraid to assert your rights as a U.S. citizen. But do it respectfully. Understand what the law says.
Note: This is not legal advice. Consult an attorney for professional advice on immigration and citizenship.
This is what I got back from my contact at State:
As a U.S. citizen, you are required by law to use a valid U.S. passport when entering or departing the United States. This requirement applies even if you hold dual citizenship and possess a foreign passport. Failure to comply with this mandate can lead to legal consequences, including the potential seizure of your U.S. passport.
Legal Basis:
•8 U.S.C. § 1185(b): This statute makes it unlawful for U.S. citizens to depart from or enter the United States without a valid U.S. passport, except as authorized by the President.
•Department of State Regulations: The U.S. Department of State explicitly states that U.S. citizens must enter and leave the United States on their U.S. passport.
Potential Consequences:
If you attempt to exit the U.S. using a foreign passport:
•Passport Seizure: Authorities may seize your U.S. passport if they determine that you are violating the legal requirement to use it for international travel.
•Legal Penalties: Violations can result in fines and other legal penalties, especially if the act is associated with fraudulent intent or misrepresentation.
Recommendations:
•Always Use Your U.S. Passport: Ensure you present your valid U.S. passport when entering or leaving the United States.
•Carry Both Passports if Necessary: If your destination country requires you to use its passport for entry due to dual citizenship, carry both your U.S. and foreign passports. Use your U.S. passport for U.S. border crossings and the foreign passport as required by the other country.
•Stay Informed: Familiarize yourself with the entry and exit requirements of countries you plan to visit, especially if you hold dual citizenship.
By adhering to these guidelines, you can avoid potential legal issues and ensure compliance with U.S. laws regarding international travel.
