Timeline for US Citizen with dual nationality entering US on ESTA, what's the worst that can happen?
Current License: CC BY-SA 4.0
34 events
| when toggle format | what | by | license | comment | |
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| Nov 23, 2023 at 16:38 | history | protected | phoog | ||
| Nov 23, 2023 at 16:36 | comment | added | phoog | @littleadv I'm sure that some would find the $250k fine and the 5 years in prison to be more of a problem than living with the felony conviction (especially anyone who's already living with a felony conviction), but your point is well taken. There will be additional trouble after any imprisonment is finished and any fine paid. But again I would like to underscore that a prosecution under 18 USC 1001 for failing to disclose US citizenship on an ESTA application is extremely unlikely unless it was part of some other crime. For now at least. | |
| Nov 23, 2023 at 15:29 | history | edited | Peter M | CC BY-SA 4.0 |
Fixed citizen type
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| Dec 30, 2022 at 2:16 | comment | added | JonathanReez♦ | @Harper-ReinstateMonica potentially bad advice if OP is denied ESTA or CBP sends a "do not board" message to the airline during check-in. The airline won't let you go talk to CBP to sort it out: travel.stackexchange.com/questions/175273/… | |
| Dec 29, 2022 at 11:31 | history | edited | newbie1001 | CC BY-SA 4.0 |
added 199 characters in body
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| Dec 27, 2022 at 0:30 | comment | added | Robbie Goodwin | Could you drop the theoretical and concentrate on the real 'likelies'? How sure are you that you have a passport/visa/any other document entitling you to enter the USA? | |
| Dec 25, 2022 at 13:30 | comment | added | njzk2 | "say I'm not a US citizen" doesn't sound like a great idea | |
| Dec 24, 2022 at 15:15 | comment | added | Dave | "I recently became a nationalized American..." Please don't get carried away. | |
| Dec 23, 2022 at 14:53 | history | edited | Robert Columbia |
Adding US-Citizens tag since the OP is now a US citizen and this fact is crucial to the question
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| Dec 23, 2022 at 9:58 | history | edited | Relaxed | CC BY-SA 4.0 |
Fixing typos
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| Dec 23, 2022 at 7:19 | answer | added | Oliphaunt | timeline score: 19 | |
| Dec 23, 2022 at 6:29 | comment | added | Franck Dernoncourt | "That day, while in the US, I rushed to get my passport processed over the holidays" -> how did you apply for the US passport on the same day after the oath? | |
| Dec 23, 2022 at 6:21 | history | edited | Franck Dernoncourt |
edited tags
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| Dec 23, 2022 at 6:10 | comment | added | Nicolas Formichella | @Harper-ReinstateMonica Preclearance will not help, the airline would deny checkin before CBP can be seen as airlines are required to validate visa status which OP doesn't currently have | |
| Dec 23, 2022 at 4:18 | comment | added | Harper - Reinstate Monica | Fly through Shannon, Ireland or other point that has US Customs Preclearance. That way, you sort it out on YOUR side of the pond, and if you get on the plane you are golden. Also, US immigration will be right there to tell the airline "nah, he's cool". Also lying to immigration does not suddenly become a good idea. | |
| Dec 23, 2022 at 0:43 | answer | added | littleadv | timeline score: 8 | |
| Dec 23, 2022 at 0:06 | comment | added | littleadv | @phoog the main problem with a conviction under 18 USC 1001 is not the penalty or imprisonment (which may be unlikely), but a felony conviction, which is an indefinite stain which can cause a whole lot of troubles to the person. Ask Michael Flynn. | |
| Dec 22, 2022 at 22:54 | comment | added | JonathanReez♦ | @jcaron unfortunately the airline won't let OP speak to CBP until they validate their visa status. | |
| Dec 22, 2022 at 22:53 | answer | added | JonathanReez♦ | timeline score: 18 | |
| Dec 22, 2022 at 22:53 | comment | added | jcaron | @newbie1001 when you check in, the airline sends your details to CBP. They do whatever checks they want, and return either an “OK to board” or “do not board” message. Obviously if you need an ESTA and don’t have one it will be “do not board”, but there are a lot of other possible conditions that can lead to that result (including all the infamous your-name-is-the-same-as-one-on-the-no-fly-list). Not saying it’s likely they will find something wrong with your situation and deny boarding, but you are asking for worst case scenarios, it could happen. Especially if you lie on your ESTA application | |
| Dec 22, 2022 at 20:45 | history | became hot network question | |||
| Dec 22, 2022 at 18:32 | answer | added | Jack Aidley | timeline score: 62 | |
| Dec 22, 2022 at 17:20 | comment | added | phoog | As to being denied check-in with an approved ESTA, it's possible that the CBP system that evaluates the APIS record sent by the airline will notice your US citizenship and send a "do not board" response because of 8 USC 1185(b). I don't think they do this, but who knows if they'll start at some point. Someone posted here a while ago saying how she was flying from Canada and she got a boarding pass, but the preclearance immigration inspector (I think) wouldn't let her through; instead she had to miss the flight and go get an emergency passport. | |
| Dec 22, 2022 at 15:34 | comment | added | phoog | The worst case scenario for lying on ESTA is a fine of up to $250,000 and/or imprisonment up to 5 years. This is an exceedingly unlikely punishment even in the exceedingly unlikely event of a conviction under 18 USC 1001, but it is theoretically possible, so qualifies as a worst-case scenario. | |
| Dec 22, 2022 at 15:28 | answer | added | phoog | timeline score: 27 | |
| Dec 22, 2022 at 15:00 | history | tweeted | twitter.com/StackTravel/status/1605941228868177926 | ||
| Dec 22, 2022 at 14:18 | comment | added | newbie1001 | Why can’t I lie on esta ? I’m asking for worst case scenarios. I’m fine with long waits or grumpy CPB people. I see no reason my esta would be denied if I lie. So wondering what the likely worst cases are ? Penalties for ESTA lies if you are American? | |
| Dec 22, 2022 at 14:16 | comment | added | newbie1001 | Why would I be denied checkin with a “valid” ESTA in hand ? It would be very easy for to get an ESTA , the systems don’t talk to each other at all. | |
| Dec 22, 2022 at 13:03 | comment | added | Nicolas Formichella | @jcaron They wouldn't even touch the Pre-clearance because they will be denied checkin from the outset. Land border crossing are a good bet though | |
| Dec 22, 2022 at 13:01 | comment | added | Nicolas Formichella | You can get a granted ESTA even if you state you are a US citizen. I recall many questions here with that, it is not as clear-cut as with a Canadian eTA for example. You can try that and the worst that can happen is you lose a couple of dollars, and you have to get an emergency passport (or go through Canada at a land border) | |
| Dec 22, 2022 at 13:01 | comment | added | jcaron | Among the alternatives, you could travel to Canada, where you'll be in more direct contact with CBP from the start (either at a land border crossing or at a pre-clearance airport). | |
| Dec 22, 2022 at 12:58 | comment | added | jcaron | Among the things which may happen: your ESTA gets denied, you get denied boarding by CBP, you get a long talk with CBP on arrival, you have to wait for hours on arrival for them to check your documents. You definitely don't want to lie on your ESTA (do not say you do not have US citizenship). | |
| S Dec 22, 2022 at 12:45 | review | First questions | |||
| Dec 22, 2022 at 13:55 | |||||
| S Dec 22, 2022 at 12:45 | history | asked | newbie1001 | CC BY-SA 4.0 |