B1/B2 in non-VWP PP vs. ESTA in British PP for Dual Citizen

[cs95tdg]

I have a question similar to the one discussed in the topic below, but as the topic is now 10 years old, I’ve created a new one.

http://www.immigrationboards.com/us-imm ... t7884.html

I'm a recently naturalised British citizen (Dual citizen), due to receive my British passport soon. In addition to this I currently hold a non-VWP foreign passport that has a US B1/B2 visa vignette, which is valid for another 2 years.

My first question is whether I should use my British passport (after making an ESTA application) to travel to the US later this year? Or could I simply use my non-VWP passport (with US B1/B2 visa) to enter the US and re-enter the UK on my British passport? My understanding is that I can, if I wish to do so; but does anyone have recent first hand experience of this? And is there any official information published around this? Could the use of two different passports (non-VWP to US and British for return) pose any unnecessary complications when having to share passport details as part of the “Advance Passenger Information” (APIS)?

My second question is whether there is any benefit in travelling on my British passport (ESTA) instead of my foreign (US B1/B2) passport in terms of ease of travel? I recall when visiting the US for business on my non-VWP passport, I always had to have the necessary supporting documentation on hand including invitation letter from the business sponsor (even though none of this documentation was ever requested to be seen at US port of entry). Whereas my British colleagues who travelled on their VWP passports were never required to do this. This is in addition to the usual proof of accommodation, return travel, & travel insurance etc.

So this second question is therefore more to find out if there is any practical advantage in travelling to the US on a VWP passport instead of on one that is not, even if it has a valid B1/B2 visa.

[CR001]

British passport in my opinion is easier. This is based on people I know who travel extensively to the US and also as you don't mention your 'other' nationality.

My best friend who has her own travel agency posted the link below on updates to the US visa process and the difficulty dual citz might have.

http://traveller24.news24.com/News/new- ... w-20160122

[cs95tdg]

Thanks Char. I did see the news about the ESTA changes that were proposed by the US in December. Fortunately those changes don't affect me. Personally I'm inclined to apply for a ESTA on the British passport too, carrying just the one passport when travelling is always more convenient.

As I've had several short & long stay US visas endorsed on my former & current passports, I will probably need to enquire as to whether I would need to request to have my current B1/B2 visa in the other passport cancelled to avoid unnecessary complications & having to carry the two passports when travelling.

[fielddrive]

Isn't ESTA rendered useless if you are in possession of a visa? So getting an ESTA while you have a visa may not be accepted, I don't know. A friend of mine in a similar situation to yours, travelled on his native passport but kept his naturalised British passport for return to the UK.

Also, the US immigration law lays emphasis on country of chargeability which is your country of birth as opposed to your country of nationality.

[cs95tdg]

Isn't ESTA rendered useless if you are in possession of a visa? So getting an ESTA while you have a visa may not be accepted, I don't know. A friend of mine in a similar situation to yours, travelled on his native passport but kept his naturalised British passport for return to the UK.

Thanks for sharing your friends experience, do you know whether that was recent? They way I understand it, if you have a visa, you don't require an ESTA. But as each is granted on an individual's passport, I was looking to get clarity on what the appropriate thing to do would be in my circumstances where I have two valid passports. In the old topic discussion I've posted above, I did see someone in a similar situation who had a valid visa on their non-VWP passport and also had a ESTA on their VWP - which they used for travel. But given that, that topic is really old now, wanted to see if anyone else had recent experience of the same.

Ideally I'd like my travel to be as hassle free as possible. Not requiring the admin overhead required to get letters issued each time I need to make a short business visit would certainly be a plus point.

Also, the US immigration law lays emphasis on country of chargeability which is your country of birth as opposed to your country of nationality.

I'll probably need to try and do some reading around this to see if I can find out more. I'm sure there are many multiple citizenship holders out there. I guess one factor that may matter would probably be how much of a US immigration/visa history you have on your original passport. In my case I've had multiple US visas in the past, both to visit and long term work, so I do have a US immigration history under my native nationality passport. Never had any issues, but it makes completing new visa application forms somewhat tedious, as I need to complete historic details from past visas.

I briefly looked at the ESTA questions online, seems pretty straight-forward, at least compared to US visa application forms I've had to complete in the past.

[fielddrive]

When I first started going to the US as an adult a few years ago I used to get detained quite a lot but now I get no grief by CBP due to the travel history I have built up over the years. In my case, I'd prefer to go on my native passport as it seems to have built a rapport with them and avoid having to go through building a new relationship on a new passport.

[fielddrive]

Thanks for sharing your friends experience, do you know whether that was recent?

2 years ago..

[cs95tdg]

When I first started going to the US as an adult a few years ago I used to get detained quite a lot but now I get no grief by CBP due to the travel history I have built up over the years. In my case, I'd prefer to go on my native passport as it seems to have built a rapport with them and avoid having to go through building a new relationship on a new passport.

A very valid point. From memory the only time I had a longer than usual conversation with a US border official on the purpose of my visit was the very first time I visited the US, I felt that was because I mentioned it was my first visit to the US when they asked. All subsequent travel/entry was very quick - with the standard questions to ask where I've travelled from & how long I'll be staying - and sometimes where I work. The wait/delay was always in airport immigration queues.

I read your response in the BC forum around why you won't be returning your BRP. And now am wondering whether the fact that I've returned mine would hinder me from using my native passport with B1/B2 to travel to the US anyway. As I've never traveled with two passports before, its new territory for me. What I'm wondering is whether I'd have to present both native and British passports when leaving the US. I'd assume they would need my native one to record my departure (electronic i94) and then the British one to verify that I have the right to enter the UK. Would that work?

[fielddrive]

All I can say is that the last time I flew from ORD to LHR was a few days after my citizenship approval but before oath. I presented my passport and BRP as usual and did not experience anything unusual.

What I'm wondering is whether I'd have to present both native and British passports when leaving the US. I'd assume they would need my native one to record my departure (electronic i94) and then the British one to verify that I have the right to enter the UK. Would that work?

As you are within your rights to hold dual nationality (the US allows it too so they should be accustomed to it), I don't see why that arrangement wouldn't work. The only issue is with American citizens as US govt restricts them to travel on their American passports.

[cs95tdg]

All I can say is that the last time I flew from ORD to LHR was a few days after my citizenship approval but before oath. I presented my passport and BRP as usual and did not experience anything unusual.

Agree with that, as you would only have been British once you had taken oath. From the US end they probably wouldn't have known the difference either way, as the BRP biometrics are only checked when you enter the UK.

As you are within your rights to hold dual nationality (the US allows it too so they should be accustomed to it), I don't see why that arrangement wouldn't work. The only issue is with American citizens as US govt restricts them to travel on their American passports.

Thanks. Yes, that's what I've read too. So it looks like I should be good to travel as I initially thought.

[naazz]

I'd assume they would need my native one to record my departure (electronic i94) and then the British one to verify that I have the right to enter the UK. Would that work?

I was worried about the same thing i94 records so i contacted CPB via email and their response was

"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.".

So if you are using your passport-1 entering US and using your passport-2 to exit, you do not have to worry about your i94 it will automatically be recorded.
My assumption is as you made the booking using one passport so when you take your boarding pass it is recorded.

In Dec 2016 when exiting US i showed my passport-1 on which i enter US to on the airline counter to retrieve my booking as this is the one i used to enter US and made booking with and had to show my passport-2 as well as system will ask for visa for that country.
it was straight forward you do not have to worry about it and later on i checked my i94 and it was all under one passport.