What passport to use to enter US?

Question

Sam has dual citizenship. He is Chinese-Canadian. He has a Canadian passport (visa waiver program)which will allow him to enter the US and stay for up to 90 days. His chinese passport has a B2 visa which will allow him to stay in the US for up to 6 months. All passports and visa are valid up to 2009. He wants to enter the US by plane and drive cross country for more than 90 days but not more than 6 months. He will return to his home in Canada after the trip by car.

If he uses his chinese passport with the B2, does he have to produce a return ticket (to china?)at the POE? If he uses his Canadian passport, will they honor his B2 in his Chinese passport and allow him to stay for up to 6 months?

Answer 1

both passports cannot be used in one travel .

to insure his re-entry to Canada? he must use his Canadian passport only and not the Chinese passport.(his Chinese passport with visa is not valid for his return to Canada ) therefore he would have to return to China.and purchase a round trip ticket and obligated to return to China .

as far as purchasing a one-way ticket ? it is sometimes cheaper to buy and round trip ticket than a solo trip . and canceling the return and drive back to Canada .

some travel agencies reimburse the return ticket but it is rare .

he may stay up to 6 months in the US as a Canadian citizen .

tell him to make sure to make a copy of his Canadian passport in case of loss .and keep it separately

Answer 2

Use Chinese passport and have Canadian citizenship and other incidents to prove intent to return (job and business info, asset ownership, return ticket).

Answer 3

Use the Chinese passport with the B2 visa so that Sam could stay with a maximum of 6 months for his travel.  Just guarantee that he will return after the visit.

Answer 4

A return ticket is required but it should not be only to china. He can use his return ticket to Canada. If he wants to stay longer, then he has to use his chinese passport.

Answer 5

Spotter, you are usually the one to be answering the questions....

All of the following answers are based on Sam being otherwise eligible in the eyes of the CBP officer to enter the US:  Canada does not participate in the Visa Waiver Program, but using the Canadian passport will be Sam's best bet, as he will most likely be allowed 6 months entry without a visa.

To answer your other questions, no return ticket is required if he can properly articulate that he is returning to Canada by car; and the B1/B2 visa in the Chinese passport could not be used in conjunction with his Canadian passport - the visa is tied to the document in which it is issued.

Answer 6

Your assumptions are wrong.

Use the CANADIAN passport. He will be granted up to SIX months as a Canadian citizen.

From the State Department website:

"Canada, Mexico and Bermuda are NOT participants in the Visa Waiver Program. The Immigration and Nationality Act includes other provisions for visa-free travel for nationals of Canada and Bermuda under certain circumstances."`

and:

"Canadian citizens are generally granted visitor status in the U.S. for up to six months at time of entry. "

Bring proof of employment and residency in Canada.