Dual Citizen. Exited the US on Italian passport recently
- By
- Aparna Patel
- |
- 4 Aug, 2023
- |
I’ve read that one must use their US passport to both enter and leave the country.
Let’s read 8 USC § 1185(b) (Immigration and Nationality Act of 1952, § 215(b)), “Travel Control of Aliens and Citizens”:
Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.
That doesn’t say anything about using one, only bearing one and that’s hardly a surprise because there are no exit checks. You are checking in to a flight but that is not an exit check conducted by the authorities. But this legal wrangling is pointless because the Foreign Relations Authorization Act for Fiscal Year 1979 have removed all penalties. This is a crime you can commit without consequences. Yay, laws.
Now that’s cleaned up, head over to I have two passports/nationalities. How do I use them when I travel? and reda how to use your passports. Bon voyage!
Don’t worry about it. I have been doing this for years. The only reason to be concerned about having your US departure recorded correctly is to ensure that the US does not record you as an overstayer. But since you’re a US citizen, you cannot overstay.
The law concerning US citizens entering and leaving the US does not actually require you to use a US passport. It requires you to bear it. Furthermore, there is no penalty for failing to comply with that law.
There are some future developments you may want to keep your eye on. The EU is planning to implement ETIAS in a couple of years. This is a pre-boarding authorization system similar to ESTA in the US. I have seen a couple of documents saying that EU citizens will be required to use their EU passports to enter the Schengen area after the system is implemented, though most documents, including the actual regulation, are silent on this. Additionally, the US is tightening its exit controls, controversially including plans to collect biometrics from US citizens on exit. Either one of these could remove the ability of a dual US/EU citizen to choose which passport to present at check-in when flying from the US to the Schengen area, and, taken together, they would require such travelers to present both passports.
Credit:stackoverflow.com‘
Search Posts
Latest posts
-
4 Mar, 2024
How to make dining alone less awkward?
-
4 Mar, 2024
Why are there no seat belts on trains?
Popular posts
-
4 Mar, 2024
Can I accidentally miss the in-flight food?