B1/B2 Visa and ESTA same time (Dual national)

USA immigration, green card questions:
Employment based Green Cards | H-1B visas | Family based Visas | Citizenship

Moderators: Casa, JAJ, ca.funke, Amber, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push, Administrator, sbrennan

B1/B2 Visa and ESTA same time (Dual national)

Postby naazz » Sat Nov 05, 2016 8:34 pm

Hi All,

I am a dual national and happen to have a valid US B1/B2 visa on one passport and now i have a British Passport. i have travelled 3 times previously to US on my other nationality. I travel quite often to US and just wondering if i should apply for ESTA for my next trip. If i do and i receive ESTA will that cause any issues with my US visa on the other passport. will that be cancelled?

secondly if i do not apply for ESTA and travel to US on my other passport how do i return back to UK do i have to exit using the same passport as entry and use my British Passport at the port of entry in the UK??

I have read that always use one passport in one leg of the travel. so if i enter us in my other passport my I-94 record will reflect my date and port of entry. now i am returning back to UK and using my British passport for home journey. I-94 will register me as exiting US but i enter on my other passport and on their record i never left the country which after 6 months will make an over stayer when i am not even physically there.
what should i be doing :S

This whole travelling with two passport makes things complicated thats why i want to apply for ESTA so i just use one passport for travelling.

Thank you
naazz
Junior Member
 
Posts: 54
Joined: Tue Feb 16, 2016 8:59 am

Re: B1/B2 Visa and ESTA same time (Dual national)

Postby cs95tdg » Thu Dec 29, 2016 12:12 pm

naazz wrote:I am a dual national and happen to have a valid US B1/B2 visa on one passport and now i have a British Passport. i have travelled 3 times previously to US on my other nationality. I travel quite often to US and just wondering if i should apply for ESTA for my next trip. If i do and i receive ESTA will that cause any issues with my US visa on the other passport. will that be cancelled?

secondly if i do not apply for ESTA and travel to US on my other passport how do i return back to UK do i have to exit using the same passport as entry and use my British Passport at the port of entry in the UK??

I have read that always use one passport in one leg of the travel. so if i enter us in my other passport my I-94 record will reflect my date and port of entry. now i am returning back to UK and using my British passport for home journey. I-94 will register me as exiting US but i enter on my other passport and on their record i never left the country which after 6 months will make an over stayer when i am not even physically there.
what should i be doing :S

This whole travelling with two passport makes things complicated thats why i want to apply for ESTA so i just use one passport for travelling.

Travelling with multiple passports is fairly common these days with many of us holding multiple nationalities. I had a similar question earlier this year. Based on what you have mentioned I'd say you have two options:

1) Travel to the US using your existing B1/B2 Visa. (Two passports)
For this you would enter (outbound flight check-in & port of entry) and leave the US with the Passport you have a B1/B2 visa on (So your US entry and departure would then be logged on your i94 record with that passport). Leave (inbound flight check-in) and re-enter the UK with your British passport .

2) Apply for a ESTA and travel with your British passport. (British passport)
The only additional step that I've been recommended to do here is request to have your B1/B2 visa cancelled before you travel to the US to avoid delays at the port of entry. This happened to one of my colleagues who had previously travelled on a B1/B2 visa prior to naturalising as a British Citizen and thereafter travelled on his British passport with an ESTA. His entry was delayed as they had his immigration history recorded which included travel on his other passport (on which the B1/B2 visa was still valid). I don't know the specifics around what they checked, but the gist of the experience was that he was advised to have his B1/B2 visa cancelled now that he was travelling on a ESTA.
cs95tdg
Diamond Member
 
Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Re: B1/B2 Visa and ESTA same time (Dual national)

Postby naazz » Fri Dec 30, 2016 3:01 am

Thank you for your reply, really appreciate that.
Very useful information you have provided, i had no idea one have to cancel current visa to travel on ESTA. regarding entering and exiting i contacted CBP earlier and posting their reply to help others as well
"Thank you for contacting the U.S. Customs and Border Protection (CBP) INFO Center.

If you are entering the U.S. with your British passport than you will need apply for a ESTA. If you are entering with your current passport with current U.S. B1/B2 visa and you will not need to apply for an ESTA. If you are exiting the U.S. by air your departure will be automatically recorded regardless of what passport you use. If you depart by land you will need to turn your I-94 to the CBP officer."

I have another concern, In ESTA application there is a question "if you have ever been refused a US visa before" I have one unsuccessful application and my us visa was approved on my second application. According to CPB website it states "If you were previously denied a visa, or previously refused entry to the United States, or previously removed from the U.S., your ESTA application will most likely be denied."

If my ESTA application is not successful will it affect my valid US visa on my pakistani passport or cause any complications for future travel?

i asked this question to CPB and this was their reply "If you have a valid U.S. visitor visa on the Pakistani passport, then you should be entering on that passport and visa. There would be no need to apply for an ESTA.
When filing the ESTA application, you must answer the questions honestly and truthfully. "
My concern is if ESTA is not approved will it effect current US visa or it ll be cancelled as well?
Logically it shouldnt as if you are not eligible to travel under ESTA you are travelling under visa. Any experience/knowledge regarding this??

Thank you
naazz
Junior Member
 
Posts: 54
Joined: Tue Feb 16, 2016 8:59 am

Re: B1/B2 Visa and ESTA same time (Dual national)

Postby noajthan » Fri Dec 30, 2016 10:27 am

Clearly you will have one immigration history in US regardless of number of passports and even
identities, names, credit cards, cellphones etc etc that you happen to use.

It would be logical to expect all such information is factored in when any immigration/visa decisions are made. Including any attempts to obtain visas in categories you may not be entitled to.
Migration is a journey not a destination. When I despair, I remember that all through history the ways of truth and love have always won. E&OE.
noajthan
Moderator
 
Posts: 14282
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: B1/B2 Visa and ESTA same time (Dual national)

Postby cs95tdg » Sat Dec 31, 2016 6:43 pm

naazz wrote:Thank you for your reply, really appreciate that.
Very useful information you have provided, i had no idea one have to cancel current visa to travel on ESTA. regarding entering and exiting i contacted CBP earlier and posting their reply to help others as well
"Thank you for contacting the U.S. Customs and Border Protection (CBP) INFO Center.

If you are entering the U.S. with your British passport than you will need apply for a ESTA. If you are entering with your current passport with current U.S. B1/B2 visa and you will not need to apply for an ESTA. If you are exiting the U.S. by air your departure will be automatically recorded regardless of what passport you use. If you depart by land you will need to turn your I-94 to the CBP officer."

I have another concern, In ESTA application there is a question "if you have ever been refused a US visa before" I have one unsuccessful application and my us visa was approved on my second application. According to CPB website it states "If you were previously denied a visa, or previously refused entry to the United States, or previously removed from the U.S., your ESTA application will most likely be denied."

If my ESTA application is not successful will it affect my valid US visa on my pakistani passport or cause any complications for future travel?

i asked this question to CPB and this was their reply "If you have a valid U.S. visitor visa on the Pakistani passport, then you should be entering on that passport and visa. There would be no need to apply for an ESTA.
When filing the ESTA application, you must answer the questions honestly and truthfully. "
My concern is if ESTA is not approved will it effect current US visa or it ll be cancelled as well?
Logically it shouldnt as if you are not eligible to travel under ESTA you are travelling under visa. Any experience/knowledge regarding this??
Having read the highlighted statement (blue), i.e. that you have had a unsuccessful visa application in the past, I don't see any merit in you applying for an ESTA, as it will most likely be denied (due to the previous refusal - even though you have since then been granted an B1/B2 visa). As has already been pointed out your US immigration history will be captured under your name (so they will see all your previous travel to and out of the US along with passport details).

With the additional information you have shared here, I'd say the option open to you now would be Option 1 (Travel with two passports).

Note that whichever passport you use to enter the US in the future you would have to apply for a visa due to the previous refusal. My interpretation is that an ESTA would only be granted to those who have a straightforward US immigration history. See... https://help.cbp.gov/app/answers/detail ... on-benefit
cs95tdg
Diamond Member
 
Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London


Return to US immigration

 


  • Related topics
    Views
    Replies
    Last post

Who is online

Users browsing this forum: No registered users and 4 guests

cron