Non-VWP to VWP US visit after nationality change to UK

[boylove]

Hi All,
I used to hold a non-VWP country's passport and had a US B1/B2 visa stamped on it, which is still valid. I had travelled to US on it quite a few times.
Now, I have changed nationality (UK) and come under VWP. Do I need to declare my previous passport (now invalid) at US port of entry? Or can I just use VWP on my new passport? Or do I need to move the Visa to new passport or the old one is still valid?
What is the rule? I have searched everywhere but couldn't find an answer. What have people done in this situation before? Please guide me here. Thanks for your comments/help.

P.S.:Posting here as it is possible that people who have changed status to UK notice this. Thanks!!!

[bbdivo]

Must admit I am in the same situation as you, I had a look on the US embassy website and there's no indication on there that if you had a previous non-VWP passport, and now a VWP passport (UK), that you have to actually do anything. Would be nice to get that confirmed though, apart from a very expensive phone call to them, cant think of any other way! (maybe an email)

[jes2jes]

I think you should maintain the new UKone. Remember that US visit has all your records abeit in relatin with your DOB and all that so if they need any info it can easily be referenced with your details. They also keep your iris scan and finger prints on Non VWP and this will match with your new passports. My advise is travel on the new passport but as an extra precautin carry the old one in case they are not sure. Unless you have any criminal records in the States, there is nothing to fear.
I am a non WVP holder. Visited the states so many times. Lost my PP sometime ago so I had to go for a new PP and reapply for visas. Last time I got to JFK the officer told me they know my PP was missing because everything has been fed through the system. Remember they use advance passenger info now so your background is checked before you land in the US. Hope this is clear.

[Rogerio]

Hi,

I am Brazilian (B1/B2 visa) and naturalised British. I hold both nationalities.

I used to travel to the US on my Brazilian passport with the visa stamped on it many times (before I naturalised)... Once I naturalised British, the same doubt came up.

As I was not sure whether I would be elegible to travel on the VWP, I wrote to the American Embassy in the UK and got a reply that people holding multiple citizenships may travel to the US on whichever passport they choose, and they can use the VWP if they are entitled to do so.

Since then I have been to the US many times on my British passport (even holding a valid B1/B2 US visa on my Brazilian passport), and never had any problem. My B1/B2 on my Brazilian passport has now expired, and Im not planning to renew it. I have now stopped taking both passports with me.

ps - I *think* if you ever had a US visa denied, then you would not be able to use the VWP, as a condition to travel visa free is that you must have never had a visa to the US denied. Others may chip in if this is incorrect.

Rogerio

[mhunjn]

But is it actually 'legal' to carry two passports when travelling?...

On a similar note, I called up the US embassy in London to check for this, and they couldn't help with the query... so much for the 09 general enquiries number!

[John]

Yes, why not? Many holding dual nationality will regularly do exactly that. Whose law .... which country .... would it break?

For example if my wife is travelling to Thailand she will use her British passport in the UK and her Thai passport in Thailand. Absolutely no problem at all, given dual nationality is allowed by both countries.

[Rogerio]

Of course it is "legal" - you are not breaking any law if both countries allow for dual citizenship. Simple.

For example if my wife is travelling to Thailand she will use her British passport in the UK and her Thai passport in Thailand. Absolutely no problem at all, given dual nationality is allowed by both countries

That's exactly what I do too when I travel to Brazil (which by the way enforces her citizens to enter/leave the country on a Brazilian passport).

You can travel to the US on whichever passport you choose - BUT - if you have ever had a US visa rejected (in whatever passport) then you are not entitled to travel to the US visa free, even if you hold a passport of a country which is in the Visa Waiver Programme.

On a similar note, I called up the US embassy in London to check for this, and they couldn't help with the query... so much for the 09 general enquiries number!

If you want the reassurance of what I am saying is true, I suggest you do as I did - write to the American Embassy in London, provide copies of both your passports and a letter explaining your doubt.

I did this, and in fact, the first time I travelled to the US on my British passport, I carried the letter with me.... and my Brazilian passport just in case... but as I said above, it was not necessary.

[mhunjn]

Thanks for the quick replies. Very reassuring.

I asked about the legal issue as I was not sure about it. So, I suppose I can always carry my old ppt in case they query about the earlier B1/B2 visa.

[Rogerio]

Indeed. Good luck.

[bonzoman500]

Of course it is "legal" - you are not breaking any law if both countries allow for dual citizenship. Simple.

For example if my wife is travelling to Thailand she will use her British passport in the UK and her Thai passport in Thailand. Absolutely no problem at all, given dual nationality is allowed by both countries

That's exactly what I do too when I travel to Brazil (which by the way enforces her citizens to enter/leave the country on a Brazilian passport).

You can travel to the US on whichever passport you choose - BUT - if you have ever had a US visa rejected (in whatever passport) then you are not entitled to travel to the US visa free, even if you hold a passport of a country which is in the Visa Waiver Programme.

On a similar note, I called up the US embassy in London to check for this, and they couldn't help with the query... so much for the 09 general enquiries number!

If you want the reassurance of what I am saying is true, I suggest you do as I did - write to the American Embassy in London, provide copies of both your passports and a letter explaining your doubt.

I did this, and in fact, the first time I travelled to the US on my British passport, I carried the letter with me.... and my Brazilian passport just in case... but as I said above, it was not necessary.

I hold a Zim pp and have now naturalised as a british national being the spouse of a british National . I was refused US Visa on my Zim pp in 2003 based on some excuse that my IT limited company did not have a website at the time. What do i need to do if want to travel to the states on my british passport? A bit confusing really.. Thanks

[Rogerio]

I was just looking at the US Embassy in London... and I guess my own statement earlier on is wrong.... or at least they are providing conflicting information

1 - from the US Embassy in London (ok to travel without a visa, even if refused previously):

http://www.usembassy.org.uk/cons_new/visa/niv/vwp.html

"Refused a Visa
While travelers who have been refused a visa under the provisions of Section 221(g) or 214(b) of the Immigration and Nationality Act are not ineligible to travel visa under the Visa Waiver Program, they will be questioned by an immigration official at the U. S. port of entry regarding the refusal by the Embassy or Consulate.

The traveler should carry with him or her evidence of his or her intention to depart the United States at the end of the visit. This is generally satisfied by furnishing evidence of strong social and economic ties to the traveler's 's place of permanent residence. There is no set form that this should take as each person's circumstances differ.

If the immigration officer is not satisfied that the traveler meets the qualifications for nonimmigrant status, the traveler will be denied entry."

2 - From the US Embassy (in the US) - not ok to travel without a visa if refused previously:

http://www.travel.state.gov/visa/temp/w ... 990.html#4

"When does a national of a VWP country need to apply for a visa instead of using the VWP?

Nationals of VWP countries must meet the conditions noted in Which travelers may use the Visa Waiver Program to enter the United States? in order to seek admission to the U.S. under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:

Wants to remain in the U.S. for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States;
Wants to work or study in the United States, wants to come to the U.S. for other purposes not allowed on a visitor visa, or intends to immigrate to the U.S.;
Does not have a machine-readable passport (MRP) as of June 26, 2005.
Intends to travel by private aircraft or other non-signatory air or sea carriers to the U.S.;
Has been refused a visa or admission to the U.S. before, or did not comply with the conditions of previous VWP admissions (90 days or less stay for tourism or business, etc.); or Has a criminal record or other condition making them ineligible for a visa (see Classes of Aliens Ineligible for Visas). "

I am confused now....

Best thing is to write to the Embassy in London, provide the circumstances, copies of passports, etc, and see what they say.

[bonzoman500]

I was just looking at the US Embassy in London... and I guess my own statement earlier on is wrong.... or at least they are providing conflicting information

1 - from the US Embassy in London (ok to travel without a visa, even if refused previously):

http://www.usembassy.org.uk/cons_new/visa/niv/vwp.html

"Refused a Visa
While travelers who have been refused a visa under the provisions of Section 221(g) or 214(b) of the Immigration and Nationality Act are not ineligible to travel visa under the Visa Waiver Program, they will be questioned by an immigration official at the U. S. port of entry regarding the refusal by the Embassy or Consulate.

The traveler should carry with him or her evidence of his or her intention to depart the United States at the end of the visit. This is generally satisfied by furnishing evidence of strong social and economic ties to the traveler's 's place of permanent residence. There is no set form that this should take as each person's circumstances differ.

If the immigration officer is not satisfied that the traveler meets the qualifications for nonimmigrant status, the traveler will be denied entry."

2 - From the US Embassy (in the US) - not ok to travel without a visa if refused previously:

http://www.travel.state.gov/visa/temp/w ... 990.html#4

"When does a national of a VWP country need to apply for a visa instead of using the VWP?

Nationals of VWP countries must meet the conditions noted in Which travelers may use the Visa Waiver Program to enter the United States? in order to seek admission to the U.S. under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:

Wants to remain in the U.S. for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States;
Wants to work or study in the United States, wants to come to the U.S. for other purposes not allowed on a visitor visa, or intends to immigrate to the U.S.;
Does not have a machine-readable passport (MRP) as of June 26, 2005.
Intends to travel by private aircraft or other non-signatory air or sea carriers to the U.S.;
Has been refused a visa or admission to the U.S. before, or did not comply with the conditions of previous VWP admissions (90 days or less stay for tourism or business, etc.); or Has a criminal record or other condition making them ineligible for a visa (see Classes of Aliens Ineligible for Visas). "

I am confused now....

Best thing is to write to the Embassy in London, provide the circumstances, copies of passports, etc, and see what they say.

Thanks, i was just looking at their London website as well.. Ill write them and keep the forum posted on any information i get from them..

[Rogerio]

My gut feel now is that you will be able to travel visa free, and may get questioned a bit further.... but better be sure.

Maybe they analyse each case individually.

Thanks for posting back when you hear from them.

Rogerio

[Dawie]

Ease up on the coffee, take a chill pill and stop being so paranoid.

[Rogerio]

Ease up on the coffee, take a chill pill and stop being so paranoid.

Can you explain?

[mhunjn]

Well, talking to US embassy yesterday, I seem to remember that VWP individuals do have to get a visa if visiting US, if they have been refused a visa earlier.

So bonzoman, I would suggest atleast calling them up to confirm, or writing to them as Rogerio suggested.

As for me, I think I should be ok, as I have a valid visa on my Indian ppt, and also the UK ppt for the VWP. A few questions to answer at US immigration, I guess.

[jes2jes]

From all that I have read, I can conclude that:
1. If a person has been refused a visa before despite their present status they need to apply for a visa to clear up the previous reason of refusal in the first place.
2. Note that, the circumstances under which you were refused in the first instance would have changed by now eg. social ties, economic ties etc

3. To avoid further questioning and possible refusal at port of entry, you are better of applying for a visa if the above applies to you assuming the circumstances you had earlier had changed.

4. If you have not been refused before and now on WVP then you have nothing to worry about.

I also think after 5 years or so, your refusal becomes null and void and cancelled from their system. I stand to be corrected.

[boylove]

Just updating on my first post here.
I travelled to US for business last month on my new BP and had no problem at all.

Just to sum up my everything:

Used to hold an Asian passport with valid US visa. Travelled to US frequently using that visa. No entry or visa refusals before.
Got the British passport and then travelled on the BP (rather than Asian passport+US Visa) and was allowed to enter using VWP scheme. Could not use my Asian passport as my original country cancels the citizenship if you accept a foriegn one.

So, people who had normal US visa before and acquired BP later on can travel to US on BP using VWP. Hope it helps!

[mhunjn]

An update on above; travelled to US recently.
Used my UK ppt. No problems.
They did not mention about the US visa on my previous passport; although they might have seen it on their system through fingerprints etc.

[Rogerio]

excellent news.... well done.

Rogerio

[mhunjn]

Thanks for the comments earlier about this.

Reason I think they would have picked on my previous ppt through fingerprints is I was asked a few questions at immigration including length of my stay in UK, purpose of travel etc and whether I had been to a certain country in the Indian sub-continent.

[skano]

Similar situation but 2015 now, my wife was traveling with British passport but didn't take her Indian passport that had the valid US visa. The US immigration officers in Dublin questioned her a bit and asked her to travel with the old Indian passport with US visa the next time !!
They said they are making an exception just for this time.
Don't know if anything has changed now?

[John]

I think it is reasonable to assume that in 9 years a lot might have changed.

That is, all posts in this topic made in 2006 should not be relied upon as helpful now.

[ulishak]

So how is now? if you got visa refusal in past and now u hold passport in VWP, do you still need apply for a visa to eneter US (just holidays), or u can go thru Esta?
Anybody have some experience?