Visa waiver program only applicable under certain conditions?

[Boiler 43,851]

While he is free to present whichever passport he wants, the CBP has the authority to deny entry based on circumstances and require him to get a visa to comply with the requirement that a Belize citizen needs a visa to enter the US. So who's choice is it really? Isn't it the CBP who makes the final choice?

Well others have already quoted that it is his choice so no need to deal with that any more.

The CBP can always refuse entry, but not for this reason.

This is hardly the first example that they do not know their own regulations, from memory you only need a High School Diploma to apply.

[catknit 144]

Just out of curiosity - what would happen if he DID go for a B2 visa at the US consulate in Belize? Doesn't he need to list trips to the US on the application? And if he explains his dual-citizenship isn't it possible the CO could just say "Just use VWP - you have a UK passport - why are you wasting my time?" Then isn't he in a classic catch-22????

[Stu4Lee 66]

Well others have already quoted that it is his choice so no need to deal with that any more.

The CBP can always refuse entry, but not for this reason.

This is hardly the first example that they do not know their own regulations, from memory you only need a High School Diploma to apply.

This

[Boiler 43,851]

Just out of curiosity - what would happen if he DID go for a B2 visa at the US consulate in Belize? Doesn't he need to list trips to the US on the application? And if he explains his dual-citizenship isn't it possible the CO could just say "Just use VWP - you have a UK passport - why are you wasting my time?" Then isn't he in a classic catch-22????

They will want to know why he wants to visit for more than 90 days.

Major red flag for getting a B2.

[Dan & Jenni 457]

They will want to know why he wants to visit for more than 90 days.

Major red flag for getting a B2.

so does having filed an I-129F have an effect on any of this??

[Boiler 43,851]

On the VWP? Well it did not for me or many others.

If you need a B2 then anecdotaly yes.

Edited January 18, 2012 by Boiler

[Dan & Jenni 457]

On the VWP? Well it did not for me or many others.

If you need a B2 then anecdotaly yes.

yeah i meant when applying for a B2

[newlyweds2010 208]

Is there a specific requirement for a dual citizen to show both passports? Why did you show them other than your UK passport?

[Boiler 43,851]

Well if you are OK for the VWP your chances would be minuscule.

[Used to be broken 146]

I am a nationalized Belizean living in Belize, and a dual UK citizen. I enter the USA with my UK passport on the Visa waiver program with an ESTA number, and have never had a problem. My old expired h1-B is still in there. Last week I went to visit my fiance in Florida, and there seemed to be a problem. The immigration officer asked why I had listed my country of residence as Belize, but handed him a UK passport. I explained to him my situation. He carefully scrutinized my passport and asked many questions in regard to how I was born in the UK, etc. He then took both my passports and left the booth for about 20 minutes, returning with another officer. They both asked me several questions as to how I obtained the UK passport, and why I lived in Belize. I told them the truth as I had nothing to hide. The other officer then told me that I could not enter on the Visa waiver. I was told I would need to get a B-1 Visa in my Belize passport and enter with that, because my country of residence is Belize, and that was where I permanently lived. I didnt want to argue, but felt like I was being treated unfairly, as I noticed that other UK citizens ahead of me with their ESTA print outs going through with no trouble. I am a UK citizen, so that qualifies me to enter the USA on the Visa waiver. I have a valid ESTA number, so I don't see the problem. Is this right?

here is "THE" issue. You ran into a CBP person who is first month on the job and slept through class on the "dual citizenship" and this is why he trotted off to supervisor for a refresher course on it. Judging by the tone of your posts you do not like incompetence and/or being questioned and because of that he "read" your annoyance and instead of doing as his supervisor told him and send you on your way he flexed his muscle with the only thing he remembered from CBP school which is he has the final say and can make your life miserable if you show your attitude at the border. Chances are he did not flag you on the computer since he can't remember how to do that either which is why he wrote on the customs form.

What might happen going forward is if you apply for another ESTA and use the UK passport and leave the Belize passport at home or in your briefcase and leave the country of residence blank on the handwritten form.. you might sail through no problems...

Apologize profusely if they notice country space is blank..... and under no circumstance are you to give the CBP agent who processes you any indication you are smarter than him or her, richer than him her or annoyed with him or her. Good luck next time.

[Justine+David 218]

Basically, they're racist and arrogant and a whole bunch of other things I could go on about. Not all of them certainly, but many are just big jerks who get off on a power trip.

I even got a joker messing with me, a born USC when returning from England.

"Why do you keep going to England?"

"To visit my fiance."

"Why isn't he here?"

"We're applying for a K-1 visa to get married."

"You know what they say about those K-1 visa people right?"

"??"

"They just marry you for the green card and then leave you."

a--hole. I should have gotten his name and reported it to the supervisor. Just read stories in the MENA forum about how they treat people. It's utterly disgusting.

Edited January 18, 2012 by Justine+David

[Yagisama 93]

I think you're reading way too much into this. You raised suspicion due to the number of your visits to the US. The fact that you are a UK citizen living in another country probably complicated things further (by adding something out of the norm). Add the fact that CBP personnel love to go on power trips to the mix and you got a sticky situation.

Chances are, those UK citizens in front of you hadn't made nearly as many trips to the US and so went through with no problems.

I can say from personal experience, having visited Japan 11 times in the last 3 years, that I was questioned more and more as the number of my trips grew. By trip #9 I was asked why I was visiting Japan so much and had my luggage opened and checked for the first time.

I get it. Its a privilege to be allowed to enter the USA, and it is up to CBP. I have no say in that and their authority is supreme. I know. I am making a fuss because I believe I was treated unfairly and singled out for certain reasons. I was in line with many other WVP people who were never questioned. As St4lee posted, their own site says "If you have dual citizenship and have registered with ESTA, you should use your VWP-eligible passport to board the plane when you leave your country of departure and when you arrive in the U.S." This is what I always do. The officer was a ####### and I believe I was discriminated against unfairly I believed he didnt think I knew any better and lied saying that you must use the passport of the country where you are a permanent resident, just to give me a hard time because he was a ####### . However yes, I know they have full discretion and their word is law.

[Boiler 43,851]

If you go on the MENA Forum and read more closely you will see he may have a point.

[Justine+David 218]

I think you're reading way too much into this. You raised suspicion due to the number of your visits to the US. The fact that you are a UK citizen living in another country probably complicated things further (by adding something out of the norm). Add the fact that CBP personnel love to go on power trips to the mix and you got a sticky situation.

Chances are, those UK citizens in front of you hadn't made nearly as many trips to the US and so went through with no problems.

I can say from personal experience, having visited Japan 11 times in the last 3 years, that I was questioned more and more as the number of my trips grew. By trip #9 I was asked why I was visiting Japan so much and had my luggage opened and checked for the first time.

I dunno...David (a natural born UKC of British descent) went to the US 7 times in <2 years on VWP and was never questioned more than cursory questions at the US border.

[newlyweds2010 208]

This is exactly why certain countries have a "special treatment" for US Citizen travelers, such as Brazil (visa required) and China (visa for everyone, but USC pay 3 times as much). I wish the EU would implement such a thing very soon, just out of reciprocity. Especially now that the ESTA is not free. And in any event, watching some tired travelers spending a couple of hours at some airport in Italy because the immigration officer doesn't feel like stamping their passports right away would be priceless.