A Uniquely Different Passport Question

[johnjen]

I immigrated to the US back in 1970 from the UK. I've been an American citizen since 1979, holding my US passport. I also still have my old UK passport.

I recently found out that I can still renew the UK passport. If I did this, and used the UK passport to depart the US and used the UK passport to arrive abck to the US, would I also need an ESTA application to come back to the United States? Sounds like a crazy question. I know I will probably just use my US passport. All very legal to exercise my rights as a dual national and have two passports, but the ESTA part had me wondering.

Edited October 15, 2019 by johnjen

[Zach1213]

52 minutes ago, johnjen said:

I immigrated to the US back in 1970 from the UK. I've been an American citizen since 1979, holding my US passport. I also still have my old UK passport.

I recently found out that I can still renew the UK passport. If I did this, and used the UK passport to depart the US and used the UK passport to arrive abck to the US, would I also need an ESTA application to come back to the United States? Sounds like a crazy question. I know I will probably just use my US passport. All very legal to exercise my rights as a dual national and have two passports, but the ESTA part had me wondering.

 

Most countries require that you enter/exit the country on that country's passport if you are a citizen. So that would make it all a bit moot - US would require you to enter in your US passport (meaning, of course, no ESTA), and UK would require you enter on your UK passport. That's the case with the two countries I am a citizen of, and then I just use whatever is convenient for me elsewhere around the world. 

[Alaskanb]

4 hours ago, johnjen said:

I immigrated to the US back in 1970 from the UK. I've been an American citizen since 1979, holding my US passport. I also still have my old UK passport.

I recently found out that I can still renew the UK passport. If I did this, and used the UK passport to depart the US and used the UK passport to arrive abck to the US, would I also need an ESTA application to come back to the United States? Sounds like a crazy question. I know I will probably just use my US passport. All very legal to exercise my rights as a dual national and have two passports, but the ESTA part had me wondering.

I immigrated in 1971 from the UK and kept my UK passport for a long time --until the cost became crazy to hold passports from two nations. 

[johnjen]

Found out that indeed I'd need an ESTA entry as well if I used the UK passport....I'm still going to get the UK one renewed as we may end up moving there anyway. Thanks for the feedback though!

[Zach1213]

2 minutes ago, johnjen said:

Found out that indeed I'd need an ESTA entry as well if I used the UK passport....I'm still going to get the UK one renewed as we may end up moving there anyway. Thanks for the feedback though!

 

I'm just curious as to why you would not use the US passport to enter the US, as law dictates - https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html 

 

U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its 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.  

[johnjen]

5 minutes ago, Zach1213 said:

 

I'm just curious as to why you would not use the US passport to enter the US, as law dictates - https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html 

 

U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its 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.  

If you read the reg - you have to use the same passport leaving and then entering back. Dual citizens can use whatever passport they want - just needs to be the same one as they left the country with. I've already looked into this and got the green light to use whatever one I'd like but I've decided to just use my American passport.

[johnjen]

10 minutes ago, Zach1213 said:

 

I'm just curious as to why you would not use the US passport to enter the US, as law dictates - https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html 

 

U.S. nationals, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its 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.  

Maybe this one word threw you the loop, I can see that....it is a poor choice of wording:

"Use of the foreign passport to travel to or from a country other than the United States is not inconsistent with U.S. law."  

[Zach1213]

10 minutes ago, johnjen said:

Maybe this one word threw you the loop, I can see that....it is a poor choice of wording:

"Use of the foreign passport to travel to or from a country other than the United States is not inconsistent with U.S. law."  

 

I suppose we'll have to agree to disagree. I'm sticking to my understanding of the law as a dual citizen. The "inconsistent" quote basically translates, as I understand it, to that a US citizen who is also the citizen of a second country can use the second country passport to travel anywhere else and that does not run against US law...but that US citizens must use their US passport to enter the US. 

Edited October 16, 2019 by Zach1213

[johnjen]

3 minutes ago, Zach1213 said:

 

I suppose we'll have to agree to disagree. I'm sticking to my understanding of the law as a dual citizen. The "inconsistent" quote basically translates, as I understand it, to that a US citizen who is also the citizen of a second country can use the second country passport to travel anywhere else and that does not run against US law...but that US citizens must use their US passport to enter the US. 

The words "not inconsistent with US law".....you can use either passport, just not one entering then the other arriving back. I confirmed this with a state department call just to make sure.

[*Miss G*]

I have to side with Zach on this one as that is also my experience and the information I was given.  It is also not necessary to present the same passport you travel on, just as long as you use the US passport to re-enter the US.

[*Miss G*]

I should add that you will need your US passport to fly to the US as the country of departure will require proof that you are allowed to travel there.  ( I say “there” as I am currently in Europe but I live in the US. )