Benk

I was born in India and moved to the UK 10 years back, first as a student to gain professional qualifications and thereafter on the HSMP Visa for the last 5 years. I have just gained been granted British Citizenship and passport.

I have travelled many times to the USA with my wife on the B1/B2 visa mainly for conferences and also a few times to visit my brother - in - law in the USA. This has sometimes been once every month for a few consecutive months and we have always returned in a few weeks. My US Visa is in my Indian passport and this US Visa is valid for another five years. I am expected to return my Indian passport to the Indian Embassy in London (though the Indian passport is valid for another seven years) as the Indian Government does not permit a person to hold two passports. As I now hold British Nationality the Indian Embassy will affix the PIO (Person of Indian Origin) stamp on my British Passport when I return the Indian passport to them with my new British passport. This PIO will enable me to travel to India lifelong without a specific visa. However, when I return my Indian passport I will lose my US Visa and will not be able to use it.

With my British Passport, I understand I no longer require a US Visa to travel to the USA for a period of less than 3 months using the Visa waiver Programme

It is quite likely that I might have to visit the USA several times in a year for a period far less than three months. However, reading some of the above threads it is likely that frequent travel to the USA might be objected to at the port of entry on the Visa Waiver programme.

Therefore, my wife and me we were planning to apply for a B1/B2 Visa to the US Embassy in London. If this granted would this serve as a big notice on my British Passport to say that there is something else wrong with my US Visa and which was why we were not using the Visa Waiver programme.

It is also quite likely that I might sometimes have to stay for a period of more than 3 months but less than six months (for business or pleasure) which was possible on the B1/B2 Visa.

Should we apply for a B1/B2 visa or should we use the Visa Waiver programme?

Marocco

Actually, it is not: since you naturalised, you are no longer an Indian citizen.
My understanding is that you won't get your passport back. Instead you will be issued with a PIO card, which is not a passport:

http://hcilondon.in/pio.php

ian-mstm

Unless you can successfully demonstrate that you must be in the US for more than 3 months, a B1/2 visa will be denied. Is your wife also a UKC? If so, don't apply for a B1/2 visa. If it is denied for any reason, you will have to declare it on any subsequent visa application and when completing ESTA. Further, you are not likely to get a B visa if you are eligible to use the VWP.

Ian

scrubbedexpat099

and it is 90 days.

crg

People who spend a lot of time in the US on either the B1/B2 or VWP are generally at an increased risk of problems at the border and/or refusal so I don't see a huge benefit to having a visa. In fact, there could even be significantly worse consequences for someone denied entry when seeking entry with a visa.

E3only

IF OP applies for OCI card, upon approval, a VISA / OCI card sticker will be placed on the British Passport. Regards to Indian passport - they will ask for it and cut off corners (hard book pages) of the Indian passport and hand it back to the OP.

Marocco

I wonder if a visa in such a passport would still be considered valid.

crg

There isn't anything in the regs that specifically addresses such a scenario, but the closest thing would be a valid visa in an expired passport.

A valid visa in an expired passport may only be used when presented along with a valid passport that indicates the person is of the same nationality as listed in the expired passport.

Even if the visa is considered to be valid, it would be worthless without a valid passport of the same nationality.


9 FAM 41.112 N6 VISA VALID IN EXPIRED PASSPORT
(CT:VISA-1138; 01-06-2009)

a. When a passport containing a valid visa expires, the expiration of the passport has no effect on the validity of that visa. The holder, however, shall be informed, at the time of application for admission, of the need for a new or renewed passport.
b. The passport should be valid for a minimum period of 6 months from the expiration date of the initial period of admission or contemplated period of stay in the United States. The passport may be either the one in which the visa stamp has been placed, or a new passport. Thus, an alien can present two passports; one which fulfills the visa requirement and the other the passport requirement. The alien's nationality, as indicated in the new passport, must be the same as that shown in the passport bearing the visa foil.

henryh

OP: You are unlikely to have problems with frequent short visits to the US under the visa waiver program. It is a very similar status to the B-1/B-2 you had during your previous visits with the visa.

When people have problems with the VWP it is usually because they "visit" the US for 2-3 months, return to their home country for a week or two, and go back for another extended "visit", often repeating this several times before they get warned or refused entry. A very different pattern to what you have described.

meauxna

Since the VWP will not accommodate your proposed visits of more than 90 days (not "3 months") you would need a B visa.
You'd want to make sure you had a clear explanation of why you need to spend +90 days per visit to the US when applying for that visa.

E3only

May I add that VWP eligible citizens - not easy to get B1/B2. I hope you manage to convince the officer why you need a visa.

Marocco

In this forum, we have seen a few cases of people who, after frequent visits to the US, were advised by CBP officers to get a B visa. So it would seem that, in the eyes of POE officers, a B visa is preferrable to the VWP for frequent visits. However, when these people applied for B visas they were denied, due to the fact that they were already eligible for the VWP.

ian-mstm

Right... because CBP doesn't issue visas, so they have no idea whether or not a B visa is appropriate. They can suggest a B visa, but it's really not their call.

Ian

E3only

Fact of the matter is, well as far as I understand it - the officer can deny entry on VWP as well as a B1/B2 visa right?

So, getting a B1/B2 is no different than travelling on VWP. One risks being sent back if one is abusing either of those.

B1/B2 is helpful if the OP wishes to stay past the 90 days. However they will have to prove WHY and risk a decline on the application. So it's a catch 22......

meauxna

Exactly. And maybe if he needs to stay +90 days in a visit, there is a more appropriate visa.