Can I get an ESTA but enter on a visa?

4/4/2017 1:57:41 PM

Now that I’ve travelled several times to the US after getting my ESTA, here’s what actually does happen. I don’t enter my visa number anywhere and the airline (BA or AA) presumably sends my info to the CBP to be approved and since they can see I have an ESTA they get an acknowledgement. It is possible that that might also have occurred with my visa, but they end up with some “check docs” flag on my PNR.

I can check in online and receive boarding passes for any connecting legs and the TATL segment to the US. I’ve asked when transitting LHR and showing my passport if they need to scan my visa page and they said they don’t.

I enter the US and acknowledge I’m entering on a visa, or now, since I have GE, I just choose which method of entry to use on the GE screen (VW business, VW tourism, E2).

Turns out getting an ESTA was pretty useful at least in my case.

8/1/2016 9:55:22 AM

It should be okay for you to apply for ESTA, because the visa you hold is not a B-1 or B-2 visa. If you were to travel to the United States for purposes of tourism, or business purposes unrelated to the visa you now hold, you would in fact be required to apply for ESTA or for a B visa.

(I’m not sure, however, what will happen if you can check in using your ESTA, and subsequently enter using the visa.)

For example, at https://travel.state.gov/content/visas/en/employment/treaty.html, you can see that for an E-2 visa "you must be coming to the United States to develop and direct the enterprise."

See also at https://www.cbp.gov/travel/international-visitors/frequently-asked-questions-about-visa-waiver-program-vwp-and-electronic-system-travel:

Q: What if a traveler has a current, valid visa?

A: Individuals who possess a valid visa will still be able to travel to the United States on that visa for the purpose for which it was issued. Individuals traveling on valid visas are not required to apply for an ESTA authorization.

This implies that you can apply for ESTA to travel to the United States for a purpose other than one for which your valid visa was issued.

You also express concern about whether you might have trouble when entering the United States, since you will have been indicated on the carrier’s passenger list as a VWP traveler, but you will be presenting a visa at entry. I doubt that you will have trouble because of it. I can think of two reasons you might:

  1. Applying for ESTA with no intention of using the VWP

Title 8 of the Code of Federal Regulations, section 217.5 (a) says

Each nonimmigrant alien intending to travel by air or sea to the United States under the Visa Waiver Program (VWP) must, within the time specified in paragraph (b) of this section, receive a travel authorization…

You might therefore run into trouble because you don’t actually intend to travel to the US under the VWP. But it doesn’t actually say that those who don’t intend to travel cannot receive the authorization. Furthermore, CBP notes that people can apply for ESTA even if they don’t have definite travel plans.

  1. Checking in with ESTA and entering with a visa

Here, I can only speculate, but I guess that the carrier is more likely to get in trouble for this than you are. You could approach the ground staff at the airport to correct your record with information about your visa, but this would defeat your apparent purpose of getting on the plane quickly and easily.

Credit:stackoverflow.com‘

About me

Hello,My name is Aparna Patel,I’m a Travel Blogger and Photographer who travel the world full-time with my hubby.I like to share my travel experience.

Search Posts

Latest posts

Popular posts