I have a Swiss passport and an American passport. My American passport is expired. So I am going home in 2 weeks to Switzerland and I am asking if I can come back, with a Swiss passport, to the United States?
- The CBP (Customs and Border Protection) and DHS (Deparment of Homeland Security) are quite clear about the entry requirements: US citizens need a valid US passport to enter the US when arriving by air. However, they are also very vague about what happens if you don't have one.
- As a US citizen, you can't be denied entry, which is in direct conflict with the requirements above (See for example https://law.stackexchange.com/questions/16654/can-us-citizens-be-denied-entry-to-the-us). In practice, most likely you will get in, however the CBP can make the process miserable for you.
- No airline will let you board a flight to the US with an expired US passport and they have every right to deny you boarding if you don't have proper paperwork.
- You can try to apply for an ESTA using your Swiss passport, however during the ESTA application you have to list all citizenships that you have. As a US citizen your application will be denied, so you would have to lie on the application. See https://esta.cbp.dhs.gov/esta/application.html?execution=e2s1. Lying on your ESTA is probably not a good idea as it's actually illegal: https://www.justice.gov/sites/default/files/criminal-hrsp/legacy/2011/01/31/1546.pdf