I was born in Pittsburgh, I have an expired USA passort and a valid British Passport. Do I need an ESTA to travel to USA?

I have two children with the same surname from my first marriage that are travelling with myself and my second wife (all British citizens with British passports). How do I apply for ESTAs for my two children and what do I need from their birth mother to allow them to tavel with me other than their British passports?

  • 3
    You're asking two different questions here, one of which I think we have answers to on the site already. For your second question, are you sure that your children aren't US citizens too? – MJeffryes Jan 17 '19 at 12:52
  • Also see travel.stackexchange.com/questions/124843/… – MJeffryes Jan 17 '19 at 12:52
  • 1
    It's not clear from the answer or the comments, but there's a US law that requires US citizens to use a US passport to enter the US. If your children are US citizens, which they most likely are, they need US passports. – phoog Jan 17 '19 at 13:42

Short answer,

You need to renew the passport. You are not eligible for ESTA as you have an US passport.

However, if you present with an expired US passport upon arrival, border agents cannot deny your entry to USA, as you are a citizen. One possible way to think of is to fly to canada and enter via land border. Airlines won't allow you to board with an expired passport, not with British passport without ESTA.

Note: Best possible way is to get an emergency passport, if you can't wait to renew passport via embassy.

  • 1
    In fact we have reports here of dual US citizens being granted ESTA authorization even after declaring their US citizenship as a second citizenship. So one ought to be able to fly to the US and present the expired passport as long as there's no preclearance at the departure airport (one such person reported being prevented from flying from Canada, apparently by CBP preclearance). – phoog Jan 17 '19 at 13:39
  • 1
    TL;DR Risk of not letting you board is very high. – Anish Sheela Jan 17 '19 at 13:43
  • 1
    Why? The airline is going to see someone with a UK passport and ESTA. Why would they refuse boarding? – phoog Jan 17 '19 at 13:50
  • 1
    both of @phoog 's points are correct – Fattie Jan 17 '19 at 14:20
  • "You are not eligible for ESTA as you have an US passport." it is, simply, not clear if this is the case. in theory (as phoog mentioned) US citizens "must use" their US passport when entering the US. But, it is 10000% legal and OK for a US citizen to also have a UK passport. Give that you can "legally" have a UK passport I don't see any reason I and I very much doubt there is any rule literally stating that you cannot ghet an ESTA (since you indeed, in fact, have a UK passport). The answer should be edited unless there is some actual evidence that you are not eligible for an ESTA. – Fattie Jan 18 '19 at 11:46

Not the answer you're looking for? Browse other questions tagged or ask your own question.