US Dual-Citizens and the Application Process for ESTA

Are US dual-citizens forbidden to apply for an ESTA? This article clarifies the policies and requirements for US dual-citizens applying for and using the Electronic System for Travel Authorization (ESTA).

Understanding US Citizenship and Dual-Citizenship

A US citizen with a US passport enjoys the same rights and privileges when returning home. Upon arrival, they simply present their US passport and greet the Customs and Border Protection (CBP) officer, requiring no mention of their additional citizenship. This is done to streamline the process and ensure that travel is as convenient as possible for US citizens, regardless of their extraterritorial status.

US Citizenship and Travel Requirements

According to the United States citizenship laws, US citizens are required to enter and exit the United States using a valid US passport. Any other citizenship or nationality is irrelevant in this context.

Legal Basis for the Requirement

The relevant legal basis for this requirement is found in the US federal code, specifically:

8 USC § 1185 states: 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.

The Code of Federal Regulations 22 § 53.1 further supports this by stating: It is unlawful for a citizen of the United States unless excepted under 22 CFR 53.2 to enter or depart or attempt to enter or depart the United States without a valid U.S. passport.

Exceptions to the Requirement

There are specific exceptions to this rule, which are:

When traveling as a member of the US Armed Forces on active duty and when under official orders, and carrying a military identification card.

When traveling entirely within the Western Hemisphere on a cruise ship, provided the US citizen boards the cruise ship at a port within the USA and returns on the return voyage of the same ship to the same US port.

ESTA Requirement for US Citizens with Other Nationalities

For those US citizens who also hold citizenship in another country, the situation is slightly different. Unlike EU citizens who travel under the Visa Waiver Program, US citizens are required to have a valid US passport to enter or exit the country. The Electronic System for Travel Authorization (ESTA) is not an alternative to a passport for US citizens.

Application and Usage of ESTA

Non-US citizens who wish to enter the USA under the Visa Waiver Program can apply for an ESTA, which allows them to travel to America without a visa. However, US citizens cannot apply for ESTA. Instead, they must use a valid US passport as their travel document.

Conclusion

In summary, US citizens, even those with dual citizenship, are required to use a US passport for their travel. The ESTA is only applicable to citizens of countries that have an agreement with the US under the Visa Waiver Program. This article aims to clear up any confusion surrounding the traveler's rights and requirements for US dual-citizens.