Possible to travel on VWP (ESTA) if previously granted a visa
My husband had a DUI conviction (no harm to property or persons) in 2006 and successfully applied for a B-2 tourist visa to visit the US in 2008. There have been no convictions since. The ESTA eligibility questions have now changed and he is able to answer 'no' to them all. Would he now be able to apply for an ESTA without the need to apply for another visa? (it was an extremely long and expensive process!)
Best Answer
I assume that your husband disclosed his conviction in his earlier B-2 visa application. Because he was already issued a B visa and admitted to the US with this conviction, you can conclude that the conviction does not make him inadmissible to the US.
The statutory requirements for admission under the VWP do not go very far beyond those for a B visa, and nothing you've said suggests that he would fail to meet any of these additional requirements. Therefore, your husband should apply for ESTA authorization and, if it is granted, use it.
If ESTA authorization is not granted, he will need to apply for a visa, but if he doesn't apply for ESTA, he'll certainly have to apply for a visa, so he might as well try.
Pictures about "Possible to travel on VWP (ESTA) if previously granted a visa"
Can you travel on the same ESTA twice?
There is no limit on the number of times you may enter the U.S. under either ESTA of a visa. However, if reentering the U.S. using ESTA soon after staying for nearly 90 days, you can expect to be questioned in detail by the immigration officer about the purpose of your visit.How often can I travel to the USA under the Visa Waiver Program?
The Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS) in consultation with the State Department, permits citizens of 40 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa.Can I use ESTA after visa denial?
The short answer is No. There are a number of instances where ESTA is invalidated and a visa denial is one of these instances. When you have a valid ESTA, new travel authorization (requirement that you go back to the ESTA online system and reapply) is required in the followings instances: You obtain a new passport.Can you apply for a second ESTA?
You may apply for a new ESTA before or after a previous one has expired. There are no restrictions on the number of times you can obtain a new ESTA authorization which is valid for two years from the date of issue. If you wanted to, you even could apply for a new ESTA again the day after obtaining the previous one.What 10 things YOU must to know about ESTA travel authorization. Visa Waiver Program
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Nataliya Vaitkevich, Tima Miroshnichenko, Andrea Piacquadio, Andrea Piacquadio