The United States Embassy in Nigeria has issued a fresh warning to dual citizens, emphasizing that all U.S. nationals, including those with dual citizenship, must enter and depart the United States using a valid U.S. passport. According to the embassy, traveling on a foreign passport is not acceptable for U.S. citizens and could result in complications at ports of entry.
Legal Basis for the Requirement
The requirement stems from U.S. immigration laws, specifically Section 215 of the Immigration and Nationality Act, which mandates that U.S. citizens use a U.S. passport for international travel to and from the country. The embassy clarified that this policy applies regardless of any other nationality held by the traveler. Dual citizens who attempt to use a foreign passport may be subject to secondary inspection, questioning, or even denial of boarding by airlines.
According to the U.S. Customs and Border Protection (CBP), over 1.9 million travelers enter the U.S. daily, and a significant portion are dual nationals. The agency has increasingly enforced the passport requirement through advanced passenger information systems. The embassy warned that 'the use of a foreign passport for U.S. entry by a U.S. citizen is a violation of federal law.'
Who Is Affected?
The warning targets all individuals who hold citizenship in the United States in addition to another country. This includes natural-born U.S. citizens who also acquired citizenship by descent or naturalization in another country, as well as those who obtained U.S. citizenship through naturalization while retaining their original nationality. The embassy noted that many Nigerian-Americans, in particular, may be affected. According to the State Department, there are approximately 11 million American citizens living overseas, with a large community in Nigeria. Many of these individuals hold dual citizenship and may be unaware of the strict enforcement of the passport rule.
Consequences of Non-Compliance
Travelers who fail to comply may face significant disruptions. The embassy stated that U.S. citizens entering on a foreign passport could be denied entry and placed in removal proceedings. Additionally, airlines may refuse to board passengers without a valid U.S. passport, leading to missed flights and financial losses. In some cases, dual citizens have been delayed for hours at border checkpoints while their citizenship status is verified. In recent years, CBP has detained dozens of dual citizens at airports for attempting to enter with foreign passports.
What Dual Citizens Should Do
The embassy advises all dual citizens to ensure they have a current, valid U.S. passport before traveling. Those whose passports have expired or been lost should apply for renewal or replacement immediately, as processing times can take several weeks. For emergency travel, expedited services are available at an additional cost. Furthermore, dual citizens are encouraged to carry both passports but present the U.S. passport at U.S. border control. They may also wish to register with the Smart Traveler Enrollment Program (STEP) to receive updates from the embassy.
Common Mistakes to Avoid
One common mistake is assuming that a foreign passport can be used for visa-free entry under the Visa Waiver Program. However, this program applies only to foreign nationals, not U.S. citizens. Another error is traveling with an expired U.S. passport. Even if the foreign passport is valid, the expired U.S. passport does not satisfy entry requirements. The embassy recommended checking passport expiration dates at least six months before planned travel.
Steps to Apply for a US Passport
For first-time applicants or renewals, the process involves submitting a completed Form DS-11 (for new passports) or DS-82 (for renewals), providing proof of U.S. citizenship (such as a birth certificate or previous passport), a valid photo ID, and a recent passport photograph. Applicants must also pay the applicable fees. The embassy processes passport applications by appointment, and processing times vary. As of 2024, routine service takes 6-8 weeks, while expedited service takes 2-3 weeks.
Embassy Advisory
The embassy reiterated that this policy is not new but is often overlooked by dual nationals. They recommend that all U.S. citizen travelers review the official websites of the State Department and CBP for the latest information. The embassy also warned against the use of foreign passports as a workaround for visa restrictions, as it constitutes a violation of U.S. law. In a statement to the press, the embassy emphasized, 'All U.S. citizens, including dual nationals, are required by law to present a valid U.S. passport when entering or departing the United States. Those who fail to do so may face significant delays and possible legal consequences.'
In summary, dual citizens must prioritize obtaining and using a U.S. passport for travel to and from the United States. Failure to do so can result in denied entry, legal penalties, and travel delays. The embassy urges all affected travelers to take immediate action to comply with the law.
