flammable999

My wife is a Bangladeshi national who has previously been refused a visitor visa. She will obtain a UK passport next year at which point she will be a dual national holding both UK and Bangladesh passports.

The eligibility criteria for ESTA states that those who have previously been refused entry are not eligible.

If my wife applies for an esta whilst being a dual national, using her UK passport, will she not be elogible then as she has previously been refused using Bangladesh passport??

Pulaski

Where do the ESTA regs say that using a different passport changes the way you answer the ESTA questions?

In other words, it is a person who was refused entry, not a passport, and using a different passport doesn't change how the questions must be answered.

Jerseygirl

She must answer the questions truthfully. Therefore she must answer yes to the question of previously being refused. It doesn’t make any difference what PP she uses...she is the same person.

flammable999

Thanks for the replies. Not sure where I said I was going to lie or even consider lying but thanks for the implication that I would.

I guess I was more thinking how the official would view the application, as in would they take into account that she got refused as a national of a different country to the one she is applying with.

newacct

Where does it say that?

flammable999

Www.estavisaus.org

ESTA Eligibility Requirements

If you wish to obtain an ESTA to travel to the United States you must meet all of the ESTA visa eligibility requirements.

As established above, it is necessary to be a citizen of one of the 39 countries in the Visa Waiver Program.

Furthermore, you should have a valid, biometric passport in order to complete the online application. An approved ESTA is electronically linked to your passport.

Foreign nationals who wish to visit the United States are not eligible if they meet any of the following criteria:

• Have been arrested
• Have a criminal record
• Have certain communicable diseases
• Have been refused entry into the US
• Have been deported from the US
• Have previously overstayed a visa or visa waiver
• Have been in Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen on or after March 1, 2011
• Have dual nationality as a VWP country citizen and Iran, Iraq, Sudan or Syria

lizzyq

Refused entry is quite different from being denied a visa. Being denied a visa does not prevent applying for ESTA, but may result in ESTA being denied.

tht

.org will not be an official site, use the real / official .gov one:

https://www.cbp.gov/travel/internati...-system-travel

newacct

That is not an official source.

flammable999

Thanks I didn't realise it wasn't an official website. (Un) fortunately i cannot see the equivalent question on the official website

lizzyq

Try reading this page https://uk.usembassy.gov/visas/visa-...r-program-vwp/

flammable999

Thanks for this . On another official website, it states a recent refusal under 214(b) MAY result in a waiver denial. Mixed messaging amongst official sources

lizzyq

So you stump up $14 once she has her UK passport and see what happens. When was her visa denied? Generally the longer you can leave the ESTA application after the visa denial the better it would seem from anecdotal evidence on here.

flammable999

Yes that is what we are going to do. Nothing to lose. By the time we apply, her last denial will have been three years hence. I need to make some time to look at this anecdotal evidence. It could provide some reassurance

TheKingOfHearts

This.

Please don't overlook this. Did she arrive in the US and then was refused entry at the border, or did she have a denied visa application?

If it's the latter, she can apply for an ESTA and depending on the denial reason and duration since, it's entirely possible she will be granted an ESTA.

Remember to answer NO to has she been previously denied ENTRY, if this is the case.