Alpharetta, GA asked in Immigration Law for Georgia

Q: Traveling interstate with an expired US passport, having overstayed the 90 day ESTA visa stamped on my AUS passport.

I was born in the US but moved to Australia when I was a child. I recently came back to the US, but since my US passport had expired in 2010, I got an ESTA visa through my AUS passport valid until 2021. However; I have overstayed the 90 day permission that was stamped on my Australian passport upon entrance.

Can I still travel through airports from one state to another? Will my expired US passport be a valid proof of identity? Will overstaying my 90 days stamped on my AUS passport pose a problem? What else should I bring along with me to the airport?

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2 Lawyer Answers
Kyndra Mulder
Kyndra Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: You are a USC by birth. You do not need ESTA and you are not qualified for ESTA. Renew your passport and travel with your Birth Certificate.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: You cannot use an expired passport as a valid proof of identity, and the fact that you’ve overstayed your allotted time could create problems, yes. At this point, your safest bet would be to renew your US passport. At the very least you should take your US birth certificate with you to the airport to show you are a USC and therefore not subject to removal for overstaying the time permitted on your I-94.

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