Dual US/NZ nationality - Which passport(s) to use on trip to US?

[kiwishred]

There is plenty of confusion on the net about the US allowing dual nationality. According to the US government itself, it does ! Here are some relevant excerpts from the
US State Department web site :

- U.S. law does not mention dual nationality or require a person to choose one citizenship or another.
- The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause.
- A U.S. citizen may acquire foreign citizenship by marriage, a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth.

But here is the complication:

- Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States

My question is how to actually do this in practice ? As I was departing the US, because I had a 1-way tickets, the airline in the US insisted on entering details from my NZ passport (because I did not have a NZ entry visa in my US passport that I tried to use first). The airline check-in counter seems to be the only form of departure passport control in the US and I wonder if that information is linked to government data bases ? So, now I planning a business trip from NZ back to the US. I will carry both passports with me, but, apart from the obvious (re-enter NZ with NZ passport) which passport to use when ? In particular on the return leg back to NZ, I suspect that the airline will want to use the NZ passport again.

A search shows conflicting advice in this thread, eg:

Flying to NZ - show your NZ passport all the way.

Flying to US - show your US passport all the way.

Although if you have both on you then it doesn't matter as you can show both and let the airline decide!

I have US and UK passports and as a US citizen you have to leave and enter the US on the US passport. That is what I have been told twice by INS.
I leave US on US passport, enter UK on UK passport, leave UK on UK passport and reenter US on US passport. I have shown both to the US airline on leaving the Uk and had no problems at either end.
I applied for PR as a US citizen as I am living in this country. Gets kind of confusing!
Good luck.

and my situation is a little different. I am already in NZ and planning on visiting the US. Any advice on do's and don'ts, especially from dual US/NZ citizens who have been there and done that would be greatly appreciated.

Brent

[urban78]

Hiya,

I'm a dual USA/French citizen.

My partner and I have done a couple of trips via the USA in the last few years and I've always used my US passport to enter the USA or when travelling via the US, apart from one time when there was a minor issue when returning from London last year (and only transiting in Los Angeles).

My NZ visa is in my French passport, therefore the check in agent in London needed to see it to authorise the one way journey back to NZ, although I asked her whether it would also be best to include my US passport anyway (since US citizens must enter the US on their US passport), she said it wouldn't be necessary. When I went through Immigration in LA, I showed my US passport to the border control officer, and he looked a bit stunned and asked whether I had another passport as well. I explained what happened and he shook his head, saying the airline agent should have gotten my US passport number anyway, then he laughed and said "welcome home" (I've never live in the US by the way )

My advice would be to get both your passport numbers added to your booking just in case. I doubt you'd have any problems with US border control if you tell them what happened

As far as I understand, you're not required to leave the US on your US passport. In my case, I've always left the US using my French one (even when I was living in France and used to travel between both countries for vacations ect).

Hope this helps,

Jen

There is plenty of confusion on the net about the US allowing dual nationality. According to the US government itself, it does ! Here are some relevant excerpts from the
US State Department web site :

- U.S. law does not mention dual nationality or require a person to choose one citizenship or another.
- The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause.
- A U.S. citizen may acquire foreign citizenship by marriage, a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth.

But here is the complication:

- Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States

My question is how to actually do this in practice ? As I was departing the US, because I had a 1-way tickets, the airline in the US insisted on entering details from my NZ passport (because I did not have a NZ entry visa in my US passport that I tried to use first). The airline check-in counter seems to be the only form of departure passport control in the US and I wonder if that information is linked to government data bases ? So, now I planning a business trip from NZ back to the US. I will carry both passports with me, but, apart from the obvious (re-enter NZ with NZ passport) which passport to use when ? In particular on the return leg back to NZ, I suspect that the airline will want to use the NZ passport again.

A search shows conflicting advice in this thread, eg:





and my situation is a little different. I am already in NZ and planning on visiting the US. Any advice on do's and don'ts, especially from dual US/NZ citizens who have been there and done that would be greatly appreciated.

Brent

[kiwishred]

Thanks for the reply Jen.

It is reassuring to hear that the US border agent didn't get too wrapped around the axle. If they feel so inclined, those guys have the power to turn an OK day into a very bad one. When I had a green card I have been told off for not going through the US citizens line and on other occasions been told off for going through it. Once even, when they saw how old my green card was, I was pointedly asked why I hadn't applied for US citizenship yet. But, all I have to do is keep telling myself that, as a US citizen, they are working for me now ! But I have never actually been delayed.

I am sure tons of people have used, or tried to use, the wrong passport and it all got sorted out. So I will just take both and wing it.

Brent

[CJ22]

Why not just ask at the time?

[kiwishred]

Why not just ask at the time?

Well the chances are that the person at the ticket counter in one country will be unaware of the passport rules in the other country. They only want to make sure that you have valid means of entry so that the airline is not stuck having to return you back to the country you boarded the plane.

I just discovered that there is some additional information on this topic from the website of the US consulate in Auckland, eg:

Which Passport to Use

Section 215 of the Immigration and Nationality Act (8 U.S.C. 1185) requires U.S. citizens to use U.S. passports when entering or leaving the United states unless one of the exceptions listed in Section 53.2 of Title 22 of the Code of Federal Regulations applies. Dual nationals may be required by the other country of which they are citizens to enter and leave that country using its passport, but do not endanger their U.S. citizenship by complying with such a requirement.

The exceptions have to do with being a merchant mariner, being in the military, or, if all else fails, being authorised by the Secretary of State, etc. However, this still doesn't explain how in practice, one leaves the US on a US passport when the person in the ticket counter insists they will not accept it because it doesn't have the appropriate visa for NZ (and you are on the return leg of a round-trip NZ->US->NZ ticket).

Brent

[urban78]

Well the chances are that the person at the ticket counter in one country will be unaware of the passport rules in the other country. They only want to make sure that you have valid means of entry so that the airline is not stuck having to return you back to the country you boarded the plane.

You're not wrong there Brent, many check in agents aren't aware of nationality law as such (proven by my experience). They're just given the requirements info on who can enter a country on a one way ticket or what countries need visas (transit or tourist visas), then make a decision on whether to let the passenger on the plane based on that.

[bob_the_engineer]

My one and only encounter with an American border guard was enough to put me off for life! traveling on a UK passport and indeed simply changing planes UK-LA-NZ hop was awful.

Some moron with a gun grunted at me, finger printed me and photographed me when I entered America, just for the privilege of leaving America, it was outrageous!

I will never pass through that country again, I now take the HK route. I do hope you have the right paperwork for them because it wouldn't surprise me if they leaned over and bit you, where do you find these guys?

I guess I got off easy, my friend was stopped, placed in a large glass box for 15 mins then just as randomly released.

I note someone said you have to remember they are working for you, well I'm glad they don't represent me, what an awful way to treat a visitor, it left me thinking America, ha you can keep it!

The face presented at your airports is such a stark contrast to the Americans I know.

Bob