Entering the US

62 thoughts on “Entering the US”

1. @Pacifica

   Here’s the blurb on the US passport renewal form (DS-82) under “Federal Tax Law”:

   Section 6039E of the Internal Revenue Code (26 U.S.C. 6039E) and 22 U.S.C. 2714a(f) require you to provide your Social Security number (SSN), if you have one, when you apply for or renew a U.S. passport. If you have never been issued an SSN, enter zeros in item #5 on page 1 of 2. If you are residing abroad, you must also provide the name of the foreign country in which you are residing. The U.S. Department of State must provide your SSN and foreign residence information to the U.S. Department of Treasury. If you fail to provide the information, your application may be denied and you are subject to a $500 penalty enforced by the Internal Revenue Service (IRS). All questions on this matter should be referred to the nearest IRS office.

   I don’t know if that really means that the IRS is routinely informed of every non-resident passport renewal, it just says treasury.

2. @Ron H,
   Thanks for this info.

3. I expect it’s something like this: once a year the State Department sends over the list of names of passports issued to non-residents, to meet some sort of legal obligation, and that information is dumped into a drawer and never looked at.

4. I will be travelling by airlines to the USA this summer. I have the dreaded US birthplace on my Canadian passport but did get my CLN over a year ago. I really don’t want to bring the original CLN with me on my trip but worried about questions by border or airline staff. Should I arrange to get a certified copy? Would a photocopy be sufficient? Or would a digital scan on my phone be sufficient?

5. My wife obtained her CLN 9 years ago. Crossed the border 20+ times since. Never a question. ( they probably already have a copy on file) I would take a scanned paper copy for your peace of mind. ( are they still called photocopies?)

6. I renounced about 10 years ago. I dread having to return to the US for a short trip (required for my work). I now see they ask:
   – have you renounced any citizenship and for the date of renouncement
   – have you had a passport from a previous country and the details of this..

   I have no choice but to answer these questions. I’m terrified they are going to hunt me down for unfiled taxes (im an accidental exAmerican, never lived there but never files taxes).

   Any thoughts or advice?

7. Hi Gerry,

   Just curious, how did you come to the conclusion that they ask these probing questions? Was that from your own experience?

8. From AI (so not necessarily reflective of real world experiences): Your past US tax compliance will only impact your border crossings if the Internal Revenue Service (IRS) has flagged you for seriously delinquent tax debt or if you are a “covered expatriate” who failed to finalize your exit tax paperwork.

   Should someone like Gerry be concerned about possible probing questions regarding having renounced as an ‘accidental American’ who didn’t finalize exit tax paperwork?

9. @ Gerry,

   It’s very common for accidentals, and other US-borns who left fairly early in life, to have never filed US tax, (and, especially,if born before the ‘80s, to have never got a Social Security Number) and also very common for such people to not file the exit tax forms.

   Since the start of Brock in 2011, I don’t recall any former citizen, who did not file, reporting on this site that they had border problems due to not having filed, nor have I read in the news about it happening.

   Department of State notifies these depts of each CLN issued:

   DHS/CBP is notified so they have accurate citizenship status of the person.

   IRS. Although a lot of renunciants/relinquishers have reported here that they had not filed US tax (or had stopped doing so when they left the country years ago) and/or did not file the exit tax forms, no one has reported here hearing anything from IRS, nor have I read about in the news of it happening.

10. Gerry As far as we know, you have nothing to worry about.

11. Dear Portland, Pacifica777, JustaCanadian
    Thank you (and others who support these forums). I remember your handles from years ago when i went through the stressful relinquishment process.
    I have not filed US tax forms and i think therefore i am seen as a “covered expatriate”. So this is where the massive increase in stress comes from.
    I’ve lived in so many countries each with different tax rules and tax years, all my taxes are done and well done but i never went back to do the US for two reasons:
    a) it would be a nightmare and very expensive to do. To fix/figure out the previous 7-10 years would take weeks of work and be incredibly costly and difficult.
    b) i lived in higher tax countries so im unlikely to owe anything to the US anyway that said, buying and selling property, capital gains,etc all have different rules so maybe i would have.
    c) i was an accidental American, i never lived there and never intended to.
    Re: JustaCanadian – i’m going through the ESTA form and see the questions they now ask. It’s now, ALL passports, ALL past passports and citzenships, ANY renouncements/rel (plus dates and details of), ANY Past Passports (with details).Optionally social/online handles.

    I really hope i don’t meet the IRS or get arrested or in trouble.
    Thank you
    Gerry

12. I forgot to mention in my earlier comment that in addition to crossing into USA from Canada by car, I will also be flying to Miami, then boarding 3 back to back cruise ships that will be leaving USA waters and back to Miami again. Originally I was just going to bring a print out of my CLN(not high quality but readable), but starting to wonder, considering how many BP checks I will be going through, if I should bring the original CLN with me. Thoughts?