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I have a dual citizenship. I had a pending tax liability with the IRS who confiscated my US passport. The US district court obliged me to pay $ 1,000/ month since 2013, and I did it religiously. I did not travel outside the US for 6 years.

I am planning to travel to Asia in 2020, using the valid Canadian passport. I can request a VN visa to visit the country. My question is: When I come back to the US, will the US immigration accept my Canadian passport to let me in ?

For your information, I live in the US since 1990 and worked and paid taxed to the IRS also. Please, advise ...

Mikael Dúi Bolinder
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Henry Pham
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2 Answers2

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The usual result of a US citizen returning to the US without a US passport is being held long enough to verify that they are a citizen, and lecture them on the rule requiring use of a US passport.

In your case there is an additional complication. Revoking a passport in your sort of situation is usually a sign that there is a court order or a rule or regulation prohibiting international travel. Breaching that may have its own consequences. You could find yourself in contempt of court for disobeying a court order. It might invalidate the payment plan, making the remaining balance immediately due.

On the other hand, given several years of compliance with the payment plan, and a plan for short term travel outside the US, the relevant authority might be willing to let you have your passport back.

I suggest consulting a lawyer. Find out what orders and/or rules are limiting your travel, and what can be done to make travel outside the US fully legal. If you can get a change or waiver, that should result in you being able to get a new US passport, and no problems on return to the US.

Patricia Shanahan
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They will not accept your Canadian passport once they find out that you are a United States national. However, they are required to allow you back in under federal and international law.

I would triple-check with your lawyer that there is not some court order prohibiting you from leaving the country before doing so--if there is, you could get in a lot of trouble for doing this.

Aidan
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