Is it legal to enter the US with a US visa while being a US citizen? [duplicate]
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What is the penalty for US citizens entering/leaving the US on a foreign passport?
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I'm a permanent United States citizen (by birth), but I don't have an SSN. I'm also a foreign citizen. My employer outside of the US wants to send me to work into the US for client on-site by asking for a work US visa that would be put into my foreign passport.
Is it legal to obtain and enter the US as a foreigner with such a visa, being at the same time a US resident? Can I enter the US as an American, but work as a foreigner?
I found this reference:
A foreign national or alien entering the U.S. is generally required to
present a passport and valid visa issued by a U.S. Consular Official,
unless they are a citizen of a country eligible for the Visa Waiver
Program, or are a lawful permanent resident of the U.S. or a citizen
of Canada.
visas usa legal
edited Jul 5 '17 at 15:18
Giorgio
30.4k962173
asked Jul 5 '17 at 15:04
qugu
133
marked as duplicate by phoog, JonathanReez♦ Jul 5 '17 at 16:26
This question has been asked before and already has an answer. If those answers do not fully address your question, please ask a new question.
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show 9 more comments
up vote
2
down vote
favorite
This question already has an answer here:
What is the penalty for US citizens entering/leaving the US on a foreign passport?
1 answer
I'm a permanent United States citizen (by birth), but I don't have an SSN. I'm also a foreign citizen. My employer outside of the US wants to send me to work into the US for client on-site by asking for a work US visa that would be put into my foreign passport.
Is it legal to obtain and enter the US as a foreigner with such a visa, being at the same time a US resident? Can I enter the US as an American, but work as a foreigner?
I found this reference:
A foreign national or alien entering the U.S. is generally required to
present a passport and valid visa issued by a U.S. Consular Official,
unless they are a citizen of a country eligible for the Visa Waiver
Program, or are a lawful permanent resident of the U.S. or a citizen
of Canada.
visas usa legal
edited Jul 5 '17 at 15:18
Giorgio
30.4k962173
asked Jul 5 '17 at 15:04
qugu
133
marked as duplicate by phoog, JonathanReez♦ Jul 5 '17 at 16:26
This question has been asked before and already has an answer. If those answers do not fully address your question, please ask a new question.
2
Is your employer aware that you are a US citizen? Do you have a US passport (or anything else proving your US citizenship)? AFAIK you shouldn't even be trying to get a US visa in your foreign passport if you are a US citizen - and you shouldn't need one for any purpose. However you will almost certainly be required to get a SSN before you can start working.
– brhans
Jul 5 '17 at 15:37
It does not much matter whether it is legal for you to enter the US without a US passport. If the US consulate suspects that you are a US citizen, you will be unable to obtain a visa and therefore (assuming, based on your profile location, that you are a Russian citizen) unable to fly directly to the US without a US passport.
– phoog
Jul 5 '17 at 16:06
@brhans I do have a US passport, but the problem drills down to working in the US, not just traveling. Traveling is not an issue without an SSN.
– qugu
Jul 5 '17 at 16:16
1
@qugu Why is it a problem to work in the US as a US citizen?
– Midavalo
Jul 5 '17 at 16:28
1
@Dennis (& DJClayworth): concur a US person living and working in another 'normal' country (not a tax haven) and not wealthy usually ends up owing no or little tax but is still required to file a return. What's worse is they are also required to report non-US financial accounts and some other assets (often twice: BSA/FBAR and FATCA/form8938) and the statutory penalties for missing those are harsh even if you owe no tax, although IRS has run several 'voluntary disclosure' programs that reduce this. Some (many?) non-US banks no longer accept accounts for known US persons to avoid FATCA burden.
– dave_thompson_085
Jul 6 '17 at 10:32
|
show 9 more comments
up vote
2
down vote
favorite
up vote
2
down vote
favorite
This question already has an answer here:
What is the penalty for US citizens entering/leaving the US on a foreign passport?
1 answer
I'm a permanent United States citizen (by birth), but I don't have an SSN. I'm also a foreign citizen. My employer outside of the US wants to send me to work into the US for client on-site by asking for a work US visa that would be put into my foreign passport.
Is it legal to obtain and enter the US as a foreigner with such a visa, being at the same time a US resident? Can I enter the US as an American, but work as a foreigner?
I found this reference:
A foreign national or alien entering the U.S. is generally required to
present a passport and valid visa issued by a U.S. Consular Official,
unless they are a citizen of a country eligible for the Visa Waiver
Program, or are a lawful permanent resident of the U.S. or a citizen
of Canada.
visas usa legal
edited Jul 5 '17 at 15:18
Giorgio
30.4k962173
asked Jul 5 '17 at 15:04
qugu
133
This question already has an answer here:
What is the penalty for US citizens entering/leaving the US on a foreign passport?
1 answer
I'm a permanent United States citizen (by birth), but I don't have an SSN. I'm also a foreign citizen. My employer outside of the US wants to send me to work into the US for client on-site by asking for a work US visa that would be put into my foreign passport.
Is it legal to obtain and enter the US as a foreigner with such a visa, being at the same time a US resident? Can I enter the US as an American, but work as a foreigner?
I found this reference:
A foreign national or alien entering the U.S. is generally required to
present a passport and valid visa issued by a U.S. Consular Official,
unless they are a citizen of a country eligible for the Visa Waiver
Program, or are a lawful permanent resident of the U.S. or a citizen
of Canada.
This question already has an answer here:
What is the penalty for US citizens entering/leaving the US on a foreign passport?
1 answer
visas usa legal
visas usa legal
edited Jul 5 '17 at 15:18
Giorgio
30.4k962173
asked Jul 5 '17 at 15:04
qugu
133
edited Jul 5 '17 at 15:18
Giorgio
30.4k962173
asked Jul 5 '17 at 15:04
qugu
133
edited Jul 5 '17 at 15:18
Giorgio
30.4k962173
edited Jul 5 '17 at 15:18
Giorgio
30.4k962173
edited Jul 5 '17 at 15:18
Giorgio
30.4k962173
30.4k962173
asked Jul 5 '17 at 15:04
qugu
133
asked Jul 5 '17 at 15:04
qugu
133
asked Jul 5 '17 at 15:04
qugu
133
133
marked as duplicate by phoog, JonathanReez♦ Jul 5 '17 at 16:26
This question has been asked before and already has an answer. If those answers do not fully address your question, please ask a new question.
marked as duplicate by phoog, JonathanReez♦ Jul 5 '17 at 16:26
This question has been asked before and already has an answer. If those answers do not fully address your question, please ask a new question.
2
Is your employer aware that you are a US citizen? Do you have a US passport (or anything else proving your US citizenship)? AFAIK you shouldn't even be trying to get a US visa in your foreign passport if you are a US citizen - and you shouldn't need one for any purpose. However you will almost certainly be required to get a SSN before you can start working.
– brhans
Jul 5 '17 at 15:37
It does not much matter whether it is legal for you to enter the US without a US passport. If the US consulate suspects that you are a US citizen, you will be unable to obtain a visa and therefore (assuming, based on your profile location, that you are a Russian citizen) unable to fly directly to the US without a US passport.
– phoog
Jul 5 '17 at 16:06
@brhans I do have a US passport, but the problem drills down to working in the US, not just traveling. Traveling is not an issue without an SSN.
– qugu
Jul 5 '17 at 16:16
1
@qugu Why is it a problem to work in the US as a US citizen?
– Midavalo
Jul 5 '17 at 16:28
1
@Dennis (& DJClayworth): concur a US person living and working in another 'normal' country (not a tax haven) and not wealthy usually ends up owing no or little tax but is still required to file a return. What's worse is they are also required to report non-US financial accounts and some other assets (often twice: BSA/FBAR and FATCA/form8938) and the statutory penalties for missing those are harsh even if you owe no tax, although IRS has run several 'voluntary disclosure' programs that reduce this. Some (many?) non-US banks no longer accept accounts for known US persons to avoid FATCA burden.
– dave_thompson_085
Jul 6 '17 at 10:32
|
show 9 more comments
2
Is your employer aware that you are a US citizen? Do you have a US passport (or anything else proving your US citizenship)? AFAIK you shouldn't even be trying to get a US visa in your foreign passport if you are a US citizen - and you shouldn't need one for any purpose. However you will almost certainly be required to get a SSN before you can start working.
– brhans
Jul 5 '17 at 15:37
It does not much matter whether it is legal for you to enter the US without a US passport. If the US consulate suspects that you are a US citizen, you will be unable to obtain a visa and therefore (assuming, based on your profile location, that you are a Russian citizen) unable to fly directly to the US without a US passport.
– phoog
Jul 5 '17 at 16:06
@brhans I do have a US passport, but the problem drills down to working in the US, not just traveling. Traveling is not an issue without an SSN.
– qugu
Jul 5 '17 at 16:16
1
@qugu Why is it a problem to work in the US as a US citizen?
– Midavalo
Jul 5 '17 at 16:28
1
@Dennis (& DJClayworth): concur a US person living and working in another 'normal' country (not a tax haven) and not wealthy usually ends up owing no or little tax but is still required to file a return. What's worse is they are also required to report non-US financial accounts and some other assets (often twice: BSA/FBAR and FATCA/form8938) and the statutory penalties for missing those are harsh even if you owe no tax, although IRS has run several 'voluntary disclosure' programs that reduce this. Some (many?) non-US banks no longer accept accounts for known US persons to avoid FATCA burden.
– dave_thompson_085
Jul 6 '17 at 10:32
2
2
Is your employer aware that you are a US citizen? Do you have a US passport (or anything else proving your US citizenship)? AFAIK you shouldn't even be trying to get a US visa in your foreign passport if you are a US citizen - and you shouldn't need one for any purpose. However you will almost certainly be required to get a SSN before you can start working.
– brhans
Jul 5 '17 at 15:37
Is your employer aware that you are a US citizen? Do you have a US passport (or anything else proving your US citizenship)? AFAIK you shouldn't even be trying to get a US visa in your foreign passport if you are a US citizen - and you shouldn't need one for any purpose. However you will almost certainly be required to get a SSN before you can start working.
– brhans
Jul 5 '17 at 15:37
It does not much matter whether it is legal for you to enter the US without a US passport. If the US consulate suspects that you are a US citizen, you will be unable to obtain a visa and therefore (assuming, based on your profile location, that you are a Russian citizen) unable to fly directly to the US without a US passport.
– phoog
Jul 5 '17 at 16:06
It does not much matter whether it is legal for you to enter the US without a US passport. If the US consulate suspects that you are a US citizen, you will be unable to obtain a visa and therefore (assuming, based on your profile location, that you are a Russian citizen) unable to fly directly to the US without a US passport.
– phoog
Jul 5 '17 at 16:06
@brhans I do have a US passport, but the problem drills down to working in the US, not just traveling. Traveling is not an issue without an SSN.
– qugu
Jul 5 '17 at 16:16
@brhans I do have a US passport, but the problem drills down to working in the US, not just traveling. Traveling is not an issue without an SSN.
– qugu
Jul 5 '17 at 16:16
1
1
@qugu Why is it a problem to work in the US as a US citizen?
– Midavalo
Jul 5 '17 at 16:28
@qugu Why is it a problem to work in the US as a US citizen?
– Midavalo
Jul 5 '17 at 16:28
1
1
@Dennis (& DJClayworth): concur a US person living and working in another 'normal' country (not a tax haven) and not wealthy usually ends up owing no or little tax but is still required to file a return. What's worse is they are also required to report non-US financial accounts and some other assets (often twice: BSA/FBAR and FATCA/form8938) and the statutory penalties for missing those are harsh even if you owe no tax, although IRS has run several 'voluntary disclosure' programs that reduce this. Some (many?) non-US banks no longer accept accounts for known US persons to avoid FATCA burden.
– dave_thompson_085
Jul 6 '17 at 10:32
@Dennis (& DJClayworth): concur a US person living and working in another 'normal' country (not a tax haven) and not wealthy usually ends up owing no or little tax but is still required to file a return. What's worse is they are also required to report non-US financial accounts and some other assets (often twice: BSA/FBAR and FATCA/form8938) and the statutory penalties for missing those are harsh even if you owe no tax, although IRS has run several 'voluntary disclosure' programs that reduce this. Some (many?) non-US banks no longer accept accounts for known US persons to avoid FATCA burden.
– dave_thompson_085
Jul 6 '17 at 10:32
|
show 9 more comments
1 Answer
1
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oldest
votes
up vote
3
down vote
accepted
US citizens (dual or not) are required to enter and leave the US using their US documents, in general a US passport. So technically it's illegal, although it's not clear what the likelihood of getting caught and the penalty would be.
In general a US consulate or embassy will NOT issue a US Visa to a US citizen, so you'd have to lie on the application to get one. I wouldn't recommend that.
Your best course of action would be to apply for a US passport.
answered Jul 5 '17 at 16:05
Hilmar
18.5k13059
1
"although it's not clear what the likelihood of getting caught and the penalty would be." There is currently no penalty for a US citizen entering or leaving the US without a US passport.
– user102008
Jul 5 '17 at 18:45
Thanks, Hilmar. Although it may not be true about the issuer of the said passport, I am accepting your answer as the safest course of action to follow.
– qugu
Jul 6 '17 at 19:29
add a comment |
1 Answer
1
active
oldest
votes
1 Answer
1
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
3
down vote
accepted
US citizens (dual or not) are required to enter and leave the US using their US documents, in general a US passport. So technically it's illegal, although it's not clear what the likelihood of getting caught and the penalty would be.
In general a US consulate or embassy will NOT issue a US Visa to a US citizen, so you'd have to lie on the application to get one. I wouldn't recommend that.
Your best course of action would be to apply for a US passport.
answered Jul 5 '17 at 16:05
Hilmar
18.5k13059
1
"although it's not clear what the likelihood of getting caught and the penalty would be." There is currently no penalty for a US citizen entering or leaving the US without a US passport.
– user102008
Jul 5 '17 at 18:45
Thanks, Hilmar. Although it may not be true about the issuer of the said passport, I am accepting your answer as the safest course of action to follow.
– qugu
Jul 6 '17 at 19:29
add a comment |
up vote
3
down vote
accepted
US citizens (dual or not) are required to enter and leave the US using their US documents, in general a US passport. So technically it's illegal, although it's not clear what the likelihood of getting caught and the penalty would be.
In general a US consulate or embassy will NOT issue a US Visa to a US citizen, so you'd have to lie on the application to get one. I wouldn't recommend that.
Your best course of action would be to apply for a US passport.
answered Jul 5 '17 at 16:05
Hilmar
18.5k13059
1
"although it's not clear what the likelihood of getting caught and the penalty would be." There is currently no penalty for a US citizen entering or leaving the US without a US passport.
– user102008
Jul 5 '17 at 18:45
Thanks, Hilmar. Although it may not be true about the issuer of the said passport, I am accepting your answer as the safest course of action to follow.
– qugu
Jul 6 '17 at 19:29
add a comment |
up vote
3
down vote
accepted
up vote
3
down vote
accepted
US citizens (dual or not) are required to enter and leave the US using their US documents, in general a US passport. So technically it's illegal, although it's not clear what the likelihood of getting caught and the penalty would be.
In general a US consulate or embassy will NOT issue a US Visa to a US citizen, so you'd have to lie on the application to get one. I wouldn't recommend that.
Your best course of action would be to apply for a US passport.
answered Jul 5 '17 at 16:05
Hilmar
18.5k13059
US citizens (dual or not) are required to enter and leave the US using their US documents, in general a US passport. So technically it's illegal, although it's not clear what the likelihood of getting caught and the penalty would be.
In general a US consulate or embassy will NOT issue a US Visa to a US citizen, so you'd have to lie on the application to get one. I wouldn't recommend that.
Your best course of action would be to apply for a US passport.
answered Jul 5 '17 at 16:05
Hilmar
18.5k13059
answered Jul 5 '17 at 16:05
Hilmar
18.5k13059
answered Jul 5 '17 at 16:05
Hilmar
18.5k13059
answered Jul 5 '17 at 16:05
Hilmar
18.5k13059
18.5k13059
1
"although it's not clear what the likelihood of getting caught and the penalty would be." There is currently no penalty for a US citizen entering or leaving the US without a US passport.
– user102008
Jul 5 '17 at 18:45
Thanks, Hilmar. Although it may not be true about the issuer of the said passport, I am accepting your answer as the safest course of action to follow.
– qugu
Jul 6 '17 at 19:29
add a comment |
1
"although it's not clear what the likelihood of getting caught and the penalty would be." There is currently no penalty for a US citizen entering or leaving the US without a US passport.
– user102008
Jul 5 '17 at 18:45
Thanks, Hilmar. Although it may not be true about the issuer of the said passport, I am accepting your answer as the safest course of action to follow.
– qugu
Jul 6 '17 at 19:29
1
1
"although it's not clear what the likelihood of getting caught and the penalty would be." There is currently no penalty for a US citizen entering or leaving the US without a US passport.
– user102008
Jul 5 '17 at 18:45
"although it's not clear what the likelihood of getting caught and the penalty would be." There is currently no penalty for a US citizen entering or leaving the US without a US passport.
– user102008
Jul 5 '17 at 18:45
Thanks, Hilmar. Although it may not be true about the issuer of the said passport, I am accepting your answer as the safest course of action to follow.
– qugu
Jul 6 '17 at 19:29
Thanks, Hilmar. Although it may not be true about the issuer of the said passport, I am accepting your answer as the safest course of action to follow.
– qugu
Jul 6 '17 at 19:29
add a comment |
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2
Is your employer aware that you are a US citizen? Do you have a US passport (or anything else proving your US citizenship)? AFAIK you shouldn't even be trying to get a US visa in your foreign passport if you are a US citizen - and you shouldn't need one for any purpose. However you will almost certainly be required to get a SSN before you can start working.
– brhans
Jul 5 '17 at 15:37
It does not much matter whether it is legal for you to enter the US without a US passport. If the US consulate suspects that you are a US citizen, you will be unable to obtain a visa and therefore (assuming, based on your profile location, that you are a Russian citizen) unable to fly directly to the US without a US passport.
– phoog
Jul 5 '17 at 16:06
@brhans I do have a US passport, but the problem drills down to working in the US, not just traveling. Traveling is not an issue without an SSN.
– qugu
Jul 5 '17 at 16:16
1
@qugu Why is it a problem to work in the US as a US citizen?
– Midavalo
Jul 5 '17 at 16:28
1
@Dennis (& DJClayworth): concur a US person living and working in another 'normal' country (not a tax haven) and not wealthy usually ends up owing no or little tax but is still required to file a return. What's worse is they are also required to report non-US financial accounts and some other assets (often twice: BSA/FBAR and FATCA/form8938) and the statutory penalties for missing those are harsh even if you owe no tax, although IRS has run several 'voluntary disclosure' programs that reduce this. Some (many?) non-US banks no longer accept accounts for known US persons to avoid FATCA burden.
– dave_thompson_085
Jul 6 '17 at 10:32