Can a dual national use VWP with one passport when they have a valid US visa in the other (non-VWP-eligible) passport? [duplicate]

Can a dual national use VWP with one passport when they have a valid US visa in the other (non-VWP-eligible) passport? [duplicate] - Crop unrecognizable person demonstrating British passport

I have dual Bolivian/Czech Republic nationalities. In my Bolivian passport, I have a US B1/B2 visa, which will expire in three months. Can I apply for an ESTA and enter the US under the Visa Waiver Program (VWP) on my Czech passport, before my visa expires? The Czech passport is a new one with the chip.



Best Answer

If your current visa is of a category other than B-1/B-2, and therefore (at least in principle) is not valid for pure business/tourism trips, then it stands to reason that you can still apply for authorization for such a trip, which can either be a new visa or an ESTA for your Czech passport. There seems to be nothing that would prevent you from choosing the cheaper and simpler ESTA/VWP option.

If your current visa is a B-1/B-2 visa, then I would expect you can still apply for an ESTA for your Czech passport -- there's no rule saying that a dual national needs to use the same nationality's documentation for each of their trips. However, unless there's something concrete that prevents you from using the Bolivian passport, there would be little reason for you to want that.

Remember that the US rule is that the visa just has to be valid on the day you enter, and it is completely allowed for it to expire while you're still in the US.

Also, entering on an actual visa will put you in a slightly better legal position than entering under the VWP; for example you retain the possibility of applying for an extension or adjustment of status while in the US.




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Can you enter the US with one passport and leave with another?

Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.

Can dual nationals use both passports?

Americans traveling with dual passports may be able to use their non-US passport to enter other countries but must bring their US passport to return home.

Can I have multiple valid US visa in my passport?

In this scenario your valid B1/B2 visa would not be cancelled when you received the E-2 visa and you could enter the U.S. on either visa depending on the purpose of your trip. However, you are not permitted to possess two valid visas of the same type in your passport at the same time.

Can I get two different US visas at the same time such as f1 and B1 )?

You may apply for two different visas at the same time if you can show that you will enter the United States on the first visa, leave and re-enter on the other. You are required to complete one visa application form DS-160 but pay two MRV fees; the second fee is paid to the Embassy cashier on the day of the interview.



CAN AMERICANS HAVE DUAL CITIZENSHIP? WHICH PASSPORT TO USE WHEN ENTERING OR LEAVING THE US




More answers regarding can a dual national use VWP with one passport when they have a valid US visa in the other (non-VWP-eligible) passport? [duplicate]

Answer 2

As far as I can tell from the answer CBP gave me on a similar question, the two passports of a dual citizen in the eyes of the CBP are completely independent. So my answer would be yes but note I am not a CBP officer, do not even play one on television and trying to apply logic to what the CBP does and says which might not be wise.

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