immigration travel visa dual-citizenship passport
What if a US dual citizen gets a US visa stamp on his foreign passport?
<p>I was born in Canada but became a US citizen through my US citizen father at birth. My father lives in the US, so I came down here to acquire proof of my US citizenship (which of course I now have!) </p>

<p>I have now noticed DHS put a stamp in my Canadian passport with a date I have to leave (this is the first time I have ever gotten a stamp!) so I assume it is a Visa stamp, although I was never asked about my US citizenship or went through any application except a question on why I was coming to the US, in which I said "To stay with my father." </p>

<p>This date has now been overstayed. </p>

<p>Now I want to apply for my US passport, and have all the necessary documentation proving my US citizenship, although my only photo ID will be my Canadian passport with an HSC stamp with a date that I have overstayed.</p>

<p>Will this stamp somehow affect my application process? The passport website says nothing about valid visas for US citizens born abroad, but I have read that a US citizen MUST enter the US with a US passport. What is the best way to go about acquiring my US passport?</p>

<p>You got an entry stamp, not a visa stamp. A US visa (aka "visa stamp") is a physical sticker that you have to go to a US consulate to apply for, which takes up one page of your passport and says "US Visa" on it. Canadian citizens do not need or get US visas to travel to the US for most types of nonimmigrant statuses, including as a visitor.</p>

<p>US citizens are supposed to use a US passport to enter and exit the US, but there are currently no consequences for violating this rule. You were admitted as an alien visitor for 6 months, but you can ignore that, as it doesn't apply to you since you are a US citizen and not an alien. You cannot be deported as long as you can prove that you are a US citizen. As a US citizen, you can apply for a US passport from anywhere, inside or outside the US, and it will not be affected by the fact that you entered the US on a foreign passport or "overstayed" the supposed admission period.</p>

<p>The <a href="https://law.stackexchange.com/a/27416/333">answer</a> posted by <a href="https://law.stackexchange.com/users/587/user102008">user102008</a> is entirely correct.  Here are some answers to your specific questions in light of that information:</p>
<blockquote>
<p>Will this stamp somehow affect my [passport] application process?</p>
</blockquote>
<p>No.  Limitations on stay in the US apply only to <em>aliens;</em> the term is defined at <a href="https://www.law.cornell.edu/uscode/text/8/1101#a_3" rel="nofollow noreferrer">8 USC 1101(a)(3)</a>:</p>
<blockquote>
<p>(3) The term “alien” means any person not a citizen or national of the United States.</p>
</blockquote>
<p>Therefore, the fact that you are a US citizen means that you are not an alien, and you cannot be treated as such simply because of a stamp that was placed in your foreign passport.</p>
<blockquote>
<p>The passport website says nothing about valid visas for US citizens born abroad...</p>
</blockquote>
<p>Indeed, US citizens cannot have US visas except in very rare circumstances.  As noted, your stamp isn't actually a visa.</p>
<blockquote>
<p>... but I have read that a US citizen MUST enter the US with a US passport.</p>
</blockquote>
<p>That's true, but as noted there is no penalty for entering without a US passport, nor for using a passport other than a US passport.  The statute in question is at <a href="https://www.law.cornell.edu/uscode/text/8/1185#b" rel="nofollow noreferrer">8 USC 1185(b)</a>, and it says</p>
<blockquote>
<p>(b) Citizens</p>
<p>Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.</p>
</blockquote>
<p>There used to be a stiff penalty for violations, but that was removed in the 1970s.</p>
<blockquote>
<p>What is the best way to go about acquiring my US passport?</p>
</blockquote>
<p>Just apply.  You can apply at any post office or other <a href="https://iafdb.travel.state.gov/" rel="nofollow noreferrer">passport acceptance facility</a> in the US, or you can <a href="https://ca.usembassy.gov/u-s-citizen-services/how-passport/" rel="nofollow noreferrer">apply</a> at a <a href="https://ca.usembassy.gov/embassy-consulates/" rel="nofollow noreferrer">US consulate in Canada</a> or in any other country.</p>
