Dual UK and US citizen - entering US on ESTA

#1
My daughter was born and lives here in the US. She's got both US and UK citizenship because I'm a British citizen.

Her US passport recently expired so on our recent trip to the UK, she entered back into the U.S. with her British passport and ESTA. I just applied to to renew her American passport.

My question is: Does she need to leave the country within 90 days because of the ESTA and enter back with her renewed American passport? We can fly to Mexico for a long weekend so there won't be an issue with the ESTA but I'd prefer not to incur that expense.

Cheers,

Richard
 

newacct

Well-Known Member
#2
US citizens are required to enter and leave the US on a US passport. I'm surprised that they let her in on VWP at all since if her birthplace is the US it's obvious she's almost certainly a US citizen.

A US citizen cannot be deported from the US, so nothing will happen if she just ignores the VWP.
 
#3
Thank you for the reply. Before they let us on the plane in London, they called the American Embassy to confirm because part of the ESTA is that you have a return ticket (which my daughter didn't because we live in Florida).

I had her expired US passport available which proved she was a US citizen. Once the guy at the American Embassy heard that both the UK and US passports had a birth place of Atlanta, GA, they let us on the plane immediately.

I think my concern is that if she ever had to travel to the US on her British passport again would she have any issues?
 

newacct

Well-Known Member
#4
She is required to have a US passport to travel to the US, so she should never "travel to the US on her British passport again".
 
#5
On the ESTA there is a section I filled in for other passports. I entered that it was a US passport and provided the number.

I just read on the US Customs and Border Protection web-site that a foreign passport is allowed with an ESTA if it is an emergency. I guess because my daughter is a minor and I applied late for the ESTA they let it slide.
 
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