Does anyone know of cases where “US persons” at risk from the IRS have run into trouble entering the US? Have any of you had a bad experience?
The last time I entered the US was nearly three years ago and I was seriously hassled at the border crossing (we were driving) because I did not have a US passport. I have not dared try to enter the US since then. I do know a few people who seem to have come and gone without any questions asked.
Thank you.
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No name,
Do you have any other information on the CBC interview you refer to? On what program — perhaps we can find a link to that interview. Thanks.
It was an interview conducted by Karen Gordon on the afternoon drive home show, Here and Now.
@ No name, no surprise there. An ugly scene is just waiting to happen now. I would not want to be Harper that day or the day after. It’s one thing when all these supposed tax cheats are nameless and faceless but another once they aren’t and are more numerous than anyone realized.
@Free at last says
@all renounced with CLNs
There IS a database of people who renounced and received CLNs!
CIS is a datafile maintained by the Dept. of Homeless Insecurity. I would think the border people would have access to this.
Free at last: I have crossed the border 4 times since I renounced last Sept and they seem suspiciously compliant with my US birthplace on my CAN passport. They do scan the passport and a couple stared for perhaps 10 seconds.
“As a general matter, CIS does not create a file on a native born U.S Citizen, and thus, information pertaining to native born citizens is not normally accessible or available by querying CIS. However, in some rare instances, a U.S. Citizen may have committed an immigration law violation and/or is the subject of an investigation related to an immigration violation. In such circumstance an A-File will be created. In addition, in the event that a person (native born or naturalized) decides that he or she does not want to be a U.S. citizen, he or she may formally renounce his or her citizenship through DOS. DOS sends a Certificate of Loss of Nationality to USCIS to be filed in an A-File created for this purpose.”
This is pasted from http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_uscis_cis.pdf
(I just found this file a few minutes ago by a web search).
Thanks, No name. It looks like that segment will be here eventually: http://www.cbc.ca/hereandnowtoronto/ (right now as far back as last Friday, so maybe even tomorrow it will show).
A relative who entered the US recently at LAX says there is now a separate line for Americans who live abroad. Ex. 1 for Visitors, 1 for American residents and 1 for American non-residents.
They will now take biometrics of American non-residents. Ex. US citizens who live abroad…..
@Ghost66, Let’s verify this. As it stands, I can only count this as a rumour–we need a source. Three lines, yes, but this website says “Everyone else will proceed to the appropriate waiting lines marked “US Citizen”, “LPR” (permanent resident) or “visitor”.” http://www.cavanaughlegal.com/immigration-at-airports/immigration-and-passport-control-at-los-angeles-international-airport-lax/
I went through customs at LAX after Christmas, and there was no separate line for US non-residents then.
I recently went into the US… this weekend… I was not fingerprinted nor pix taken… since I took the bus instead of driving… as a non-american.. that is the normal… never even thought about it… And no… I do not look like I am over 78 yrs of age as my stupid sister suggested… cause when u are 78+… biometrics is not done…
@Petros The article is from 2009, so it is possible things have changed.
@bubblebustim I am not sure where you were coming from but my relative was coming from a destination other than Canada. He said he was not scanned for some reason but other us citizens were who were in that line had been scanned for their biometrics. This was just at the end of last month so it is also entirely possible that this has changed since the winter season. Maybe they don’t do this for flights from Canada or it was just recently changed, (to possibly coincide with fatca).
“U.S. to implement ‘enhanced security measures’ at overseas airports”
https://news.yahoo.com/u-implement-enhanced-security-measures-overseas-airports-192819079.html
@ghost66
We were coming from Mexico, and yes, it’s quite possible that there’ve been changes since then.
I recently crossed at Detroit/Windsor. I was traveling with my Canadian spouse, son and my son’s girlfriend. We all self identified as Canadian when asked our “nationality” I was the only person with a U.S. birthplace on my passport. I had a letter of interim travel just in case and email correspondance between myself and the embassy in T.O. who told me I could travel on my Canadian passport and that the officers at the border would be able to see I had a case pending. To them because my relinquishment is still not approved I am still American. The only comment the border official made that was somewhat odd was when he asked us how long we would be in the U.S. and we replied “two weeks” he said sternly “Two weeks! That’s a long time” I figure it was just part of their required trying to throw people off remarks. After all we were driving from Ontario to Oklahoma which meant five of the days were driving down and back. That was my answer to him and he returned our passports and let us pass.
I did get the sense they seem to know that a LOT of people are having cases in progress. My letter of interim travel had my still valid U.S. passport number on it though that was not asked for.
We crossed without any real issues. When I returned home no CLN had yet arrived in the mail. Ten months and counting.
@aticusincanada
Your CLN should be coming. I went July and got it 10 months later in May this year.
I hope you had a nice visit with your family.
@northern star, it was a wonderful visit, thanks!
@atticus, that he should state that two weeks is a long time is laughable since they are trying to lure snowbird Canadians to stay so long that they are in danger of becoming UStaxable. Are they really that dense – that they’d like to lure in some Canadians, and yet discourage others?
@badger
I talked to different sets of snowbirds today… when they heard about FATCA they said they would not be going for any visits in the future.
@Badger, yes I thought it was a very odd statement. I’ve been down for as long as three months before when I took care of my grandmother on hospice, then returned for another two weeks soon after. They never batted an eyelid about it then.
I think they ask you some things to see if it throws you off or if you get upset. Or maybe he could see my “case pending” which I was told they could see and just HAD to make some remark to rub it in. I really do have to laugh at that remark though. He knows two weeks isn’t a “long time”
I entered the US by car twice in the past month. The first time was from BC into Washington State (Peace Arch) and the second was from Ontario to NY (Thousand Islands). In neither case was any comment made about my place of birth (US) or traveling on a Canadian passport.
This matches previous experiences – questions asked when crossing by air, no comments when crossing via automobile.
I became a Canadian Citizen in 1974 – was told by consulate that I would lose my US citizenship. No CLN…yet.
Thanks for the update @Proud Canadian.
@atticus, who knows whether it was a tactic, a patriotic overreaction, or a personal “bit of undigested beef”.
They are going to have to decide whether they want cross border commerce, tourism, and care /wellbeing of US family or their stupid shortsighted CBT crusade. At some point it will start to impact border states and tourism dollars, and US homelanders will start to get what this means for resident family, and then perhaps they’ll have to reconsider. Or not, as it so far appears as if the US powers that be are stuck on stupid and full of hubris.
I recently entered the USA with my US born wife and our 14 year old son at one of the St. Lawrence River bridges between Ontario and New York State. This time, the border official was uncharacteristically friendly (much appreciated). Noticing my wife’s US birthplace in her Canadian passport (not concerned about this at all), this official asked if our child was born in wedlock (yes) then asked how long my wife had resided in the USA (left during her mid 20s). This continued on to a lecture about how we needed to go to the US consulate and make sure to sign up our son as a US citizen……….as “this will open up a whole world of opportunity that’s available to him”……
Needless to say, as soon as we were waved on, both my wife and I burst out laughing saying “yeah, right!” We’ll get right to it! NOT!
It’s all so sad really. If the USA would just switch to residency based taxation, we would certainly appreciate this friendly woman’s “offer” and I’m sure genuinely generous (I’m sure she thought that) gesture. As it is….what a joke! Sign up your offspring to a life of tax slavery and the inability to truly be a citizen of the world. No informed responsible parent would ever do what this border guard was suggesting to their children, at least if they come from a part of the world that has hope and a high standard of living.
We enjoyed our FAMILY visit this time……but I must add, I took my last vacation elsewhere, as I very deliberately voted with my wallet and avoided the USA vacation-wise thanks to FATCA
It is sad, PierreD. That kind and generous with her advice border guard and most other homelanders believe that so much that they will never let our stories burst their bubbles of exceptionalism. It is sad, and how much more free they and we would be if the US had residence based taxation law as the rest of the world.
Knowing what I know now, I definitely believe we as parents should not have the “right” to subject our children to US (or any other citizenship) at birth. That should be their own choice when they are of age and have the requisite ‘mental capacity’ to understand the consequences, pro and con, if they have qualifications that they could claim US (or any other) citizenship. There is much debate about “who owns our children” and I guess this is part of it. I don’t own my child, but I believe I am the one to help him make decisions and look out for his best interests even now that he is an adult and with a developmental disability that needs to be taken into account.
P.S. — I, too, have decided to vote with my wallet regarding US vacations, US investments, US anything but the attachment I still have to my siblings there.
@PierreD, sign him up for US citizenship AND Selective Service!
Who in their right mind would want THAT!
Blog post related to this issue;
http://tax-expatriation.com/2014/08/11/tracking-u-s-citizens-and-lprs-in-and-out-of-the-country-tracking-taxpayers-entryexit-system/
There may actually be a semi-legit reason for distinguishing between US residents and US non-residents for Customs duty purposes. I say semi-legit because taxation is stealing and CRA has no more right to tax your Canadian income than IRS has, which point is off-topic to Brockers but I don’t want to lie and imply they have a fully legit reason, either. If the taxes on your luggage are different when you’re a US citizen resident and a US citizen non-resident then the bureaucrats “need” to know.