Visa Revocation - Enter US on another passport?
One of my clients had his US visa revoked on his Peruvian passport one year ago. He also has a Spanish passport. Can he legally enter the US using his Spanish passport?
usa visa-refusals dual-nationality spanish-citizens
edited Apr 24 '17 at 17:29
Robert Columbia
3,84332246
asked Apr 24 '17 at 13:28
Happy Traveler
311
add a comment |
One of my clients had his US visa revoked on his Peruvian passport one year ago. He also has a Spanish passport. Can he legally enter the US using his Spanish passport?
usa visa-refusals dual-nationality spanish-citizens
edited Apr 24 '17 at 17:29
Robert Columbia
3,84332246
asked Apr 24 '17 at 13:28
Happy Traveler
311
5
Does he have a visa in the Spanish passport? Or are you asking about entering on visa waiver?
– MadHatter
Apr 24 '17 at 13:42
3
Note that as of February 2016, the ESTA program (which one must go through to use the US visa waiver program) specifically asks "Have you ever been issued a passport (or national identity card for travel) by any other country?" If the answer is yes, applicants must provide the issuing country and passport number. So even if he attempts to enter the US on a Spanish passport, US Immigration officials will know that he has another passport, and will probably figure out that he had a revoked visa.
– Michael Seifert
Apr 24 '17 at 14:29
@MichalSeifert you can still enter via land without answering those questions
– JonathanReez♦
Apr 24 '17 at 17:33
@JonathanReez but if you enter by land you have to answer whether you've ever had a visa cancelled. See cbp.gov/document/forms/….
– phoog
Apr 24 '17 at 20:38
add a comment |
One of my clients had his US visa revoked on his Peruvian passport one year ago. He also has a Spanish passport. Can he legally enter the US using his Spanish passport?
usa visa-refusals dual-nationality spanish-citizens
edited Apr 24 '17 at 17:29
Robert Columbia
3,84332246
asked Apr 24 '17 at 13:28
Happy Traveler
311
One of my clients had his US visa revoked on his Peruvian passport one year ago. He also has a Spanish passport. Can he legally enter the US using his Spanish passport?
usa visa-refusals dual-nationality spanish-citizens
usa visa-refusals dual-nationality spanish-citizens
edited Apr 24 '17 at 17:29
Robert Columbia
3,84332246
asked Apr 24 '17 at 13:28
Happy Traveler
311
edited Apr 24 '17 at 17:29
Robert Columbia
3,84332246
asked Apr 24 '17 at 13:28
Happy Traveler
311
edited Apr 24 '17 at 17:29
Robert Columbia
3,84332246
edited Apr 24 '17 at 17:29
Robert Columbia
3,84332246
edited Apr 24 '17 at 17:29
Robert Columbia
3,84332246
3,84332246
asked Apr 24 '17 at 13:28
Happy Traveler
311
asked Apr 24 '17 at 13:28
Happy Traveler
311
asked Apr 24 '17 at 13:28
Happy Traveler
311
311
5
Does he have a visa in the Spanish passport? Or are you asking about entering on visa waiver?
– MadHatter
Apr 24 '17 at 13:42
3
Note that as of February 2016, the ESTA program (which one must go through to use the US visa waiver program) specifically asks "Have you ever been issued a passport (or national identity card for travel) by any other country?" If the answer is yes, applicants must provide the issuing country and passport number. So even if he attempts to enter the US on a Spanish passport, US Immigration officials will know that he has another passport, and will probably figure out that he had a revoked visa.
– Michael Seifert
Apr 24 '17 at 14:29
@MichalSeifert you can still enter via land without answering those questions
– JonathanReez♦
Apr 24 '17 at 17:33
@JonathanReez but if you enter by land you have to answer whether you've ever had a visa cancelled. See cbp.gov/document/forms/….
– phoog
Apr 24 '17 at 20:38
add a comment |
5
Does he have a visa in the Spanish passport? Or are you asking about entering on visa waiver?
– MadHatter
Apr 24 '17 at 13:42
3
Note that as of February 2016, the ESTA program (which one must go through to use the US visa waiver program) specifically asks "Have you ever been issued a passport (or national identity card for travel) by any other country?" If the answer is yes, applicants must provide the issuing country and passport number. So even if he attempts to enter the US on a Spanish passport, US Immigration officials will know that he has another passport, and will probably figure out that he had a revoked visa.
– Michael Seifert
Apr 24 '17 at 14:29
@MichalSeifert you can still enter via land without answering those questions
– JonathanReez♦
Apr 24 '17 at 17:33
@JonathanReez but if you enter by land you have to answer whether you've ever had a visa cancelled. See cbp.gov/document/forms/….
– phoog
Apr 24 '17 at 20:38
5
5
Does he have a visa in the Spanish passport? Or are you asking about entering on visa waiver?
– MadHatter
Apr 24 '17 at 13:42
Does he have a visa in the Spanish passport? Or are you asking about entering on visa waiver?
– MadHatter
Apr 24 '17 at 13:42
3
3
Note that as of February 2016, the ESTA program (which one must go through to use the US visa waiver program) specifically asks "Have you ever been issued a passport (or national identity card for travel) by any other country?" If the answer is yes, applicants must provide the issuing country and passport number. So even if he attempts to enter the US on a Spanish passport, US Immigration officials will know that he has another passport, and will probably figure out that he had a revoked visa.
– Michael Seifert
Apr 24 '17 at 14:29
Note that as of February 2016, the ESTA program (which one must go through to use the US visa waiver program) specifically asks "Have you ever been issued a passport (or national identity card for travel) by any other country?" If the answer is yes, applicants must provide the issuing country and passport number. So even if he attempts to enter the US on a Spanish passport, US Immigration officials will know that he has another passport, and will probably figure out that he had a revoked visa.
– Michael Seifert
Apr 24 '17 at 14:29
@MichalSeifert you can still enter via land without answering those questions
– JonathanReez♦
Apr 24 '17 at 17:33
@MichalSeifert you can still enter via land without answering those questions
– JonathanReez♦
Apr 24 '17 at 17:33
@JonathanReez but if you enter by land you have to answer whether you've ever had a visa cancelled. See cbp.gov/document/forms/….
– phoog
Apr 24 '17 at 20:38
@JonathanReez but if you enter by land you have to answer whether you've ever had a visa cancelled. See cbp.gov/document/forms/….
– phoog
Apr 24 '17 at 20:38
add a comment |
1 Answer
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The answer to this question probably depends somewhat on the reason for the visa revocation. For example, if the visa was revoked because your client was found to be inadmissible to the US for some reason, applying for entry using the Spanish passport does not remove any grounds of inadmissibility, and your client is still inadmissible.
If your client's purpose of travel is permitted under the Visa Waiver Program, he can travel to the US to apply for entry using the Spanish passport if he applies for and is granted ESTA authorization. In the course of the ESTA application, the system will ask about other passports. Trying to use the other passport to conceal the prior visa refusal is a bad idea; such deception will almost certainly be uncovered. Even if the ESTA authorization is granted, the officer at the border can still deny entry, which will almost certainly happen if deception is suspected. The best chance of avoiding refusal of entry at the border will be to apply for a new visa.
While this concerns visa denial rather than revocation, it is nonetheless relevant; it is taken from the State Department's page on the VWP:
I was denied a visa under section 214(b). May I use the VWP?
A recent visa refusal for any reason could result in denial of ESTA authorization, additional review at the port of entry, or denial of admission to the United States. If you are uncertain if you qualify for VWP travel, you may choose to apply for a visa.
answered Apr 24 '17 at 14:47
phoog
67.7k10147217
add a comment |
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1 Answer
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1 Answer
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active
oldest
votes
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oldest
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votes
The answer to this question probably depends somewhat on the reason for the visa revocation. For example, if the visa was revoked because your client was found to be inadmissible to the US for some reason, applying for entry using the Spanish passport does not remove any grounds of inadmissibility, and your client is still inadmissible.
If your client's purpose of travel is permitted under the Visa Waiver Program, he can travel to the US to apply for entry using the Spanish passport if he applies for and is granted ESTA authorization. In the course of the ESTA application, the system will ask about other passports. Trying to use the other passport to conceal the prior visa refusal is a bad idea; such deception will almost certainly be uncovered. Even if the ESTA authorization is granted, the officer at the border can still deny entry, which will almost certainly happen if deception is suspected. The best chance of avoiding refusal of entry at the border will be to apply for a new visa.
While this concerns visa denial rather than revocation, it is nonetheless relevant; it is taken from the State Department's page on the VWP:
I was denied a visa under section 214(b). May I use the VWP?
A recent visa refusal for any reason could result in denial of ESTA authorization, additional review at the port of entry, or denial of admission to the United States. If you are uncertain if you qualify for VWP travel, you may choose to apply for a visa.
answered Apr 24 '17 at 14:47
phoog
67.7k10147217
add a comment |
The answer to this question probably depends somewhat on the reason for the visa revocation. For example, if the visa was revoked because your client was found to be inadmissible to the US for some reason, applying for entry using the Spanish passport does not remove any grounds of inadmissibility, and your client is still inadmissible.
If your client's purpose of travel is permitted under the Visa Waiver Program, he can travel to the US to apply for entry using the Spanish passport if he applies for and is granted ESTA authorization. In the course of the ESTA application, the system will ask about other passports. Trying to use the other passport to conceal the prior visa refusal is a bad idea; such deception will almost certainly be uncovered. Even if the ESTA authorization is granted, the officer at the border can still deny entry, which will almost certainly happen if deception is suspected. The best chance of avoiding refusal of entry at the border will be to apply for a new visa.
While this concerns visa denial rather than revocation, it is nonetheless relevant; it is taken from the State Department's page on the VWP:
I was denied a visa under section 214(b). May I use the VWP?
A recent visa refusal for any reason could result in denial of ESTA authorization, additional review at the port of entry, or denial of admission to the United States. If you are uncertain if you qualify for VWP travel, you may choose to apply for a visa.
answered Apr 24 '17 at 14:47
phoog
67.7k10147217
add a comment |
The answer to this question probably depends somewhat on the reason for the visa revocation. For example, if the visa was revoked because your client was found to be inadmissible to the US for some reason, applying for entry using the Spanish passport does not remove any grounds of inadmissibility, and your client is still inadmissible.
If your client's purpose of travel is permitted under the Visa Waiver Program, he can travel to the US to apply for entry using the Spanish passport if he applies for and is granted ESTA authorization. In the course of the ESTA application, the system will ask about other passports. Trying to use the other passport to conceal the prior visa refusal is a bad idea; such deception will almost certainly be uncovered. Even if the ESTA authorization is granted, the officer at the border can still deny entry, which will almost certainly happen if deception is suspected. The best chance of avoiding refusal of entry at the border will be to apply for a new visa.
While this concerns visa denial rather than revocation, it is nonetheless relevant; it is taken from the State Department's page on the VWP:
I was denied a visa under section 214(b). May I use the VWP?
A recent visa refusal for any reason could result in denial of ESTA authorization, additional review at the port of entry, or denial of admission to the United States. If you are uncertain if you qualify for VWP travel, you may choose to apply for a visa.
answered Apr 24 '17 at 14:47
phoog
67.7k10147217
The answer to this question probably depends somewhat on the reason for the visa revocation. For example, if the visa was revoked because your client was found to be inadmissible to the US for some reason, applying for entry using the Spanish passport does not remove any grounds of inadmissibility, and your client is still inadmissible.
If your client's purpose of travel is permitted under the Visa Waiver Program, he can travel to the US to apply for entry using the Spanish passport if he applies for and is granted ESTA authorization. In the course of the ESTA application, the system will ask about other passports. Trying to use the other passport to conceal the prior visa refusal is a bad idea; such deception will almost certainly be uncovered. Even if the ESTA authorization is granted, the officer at the border can still deny entry, which will almost certainly happen if deception is suspected. The best chance of avoiding refusal of entry at the border will be to apply for a new visa.
While this concerns visa denial rather than revocation, it is nonetheless relevant; it is taken from the State Department's page on the VWP:
I was denied a visa under section 214(b). May I use the VWP?
A recent visa refusal for any reason could result in denial of ESTA authorization, additional review at the port of entry, or denial of admission to the United States. If you are uncertain if you qualify for VWP travel, you may choose to apply for a visa.
answered Apr 24 '17 at 14:47
phoog
67.7k10147217
answered Apr 24 '17 at 14:47
phoog
67.7k10147217
answered Apr 24 '17 at 14:47
phoog
67.7k10147217
answered Apr 24 '17 at 14:47
phoog
67.7k10147217
67.7k10147217
add a comment |
add a comment |
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5
Does he have a visa in the Spanish passport? Or are you asking about entering on visa waiver?
– MadHatter
Apr 24 '17 at 13:42
3
Note that as of February 2016, the ESTA program (which one must go through to use the US visa waiver program) specifically asks "Have you ever been issued a passport (or national identity card for travel) by any other country?" If the answer is yes, applicants must provide the issuing country and passport number. So even if he attempts to enter the US on a Spanish passport, US Immigration officials will know that he has another passport, and will probably figure out that he had a revoked visa.
– Michael Seifert
Apr 24 '17 at 14:29
@MichalSeifert you can still enter via land without answering those questions
– JonathanReez♦
Apr 24 '17 at 17:33
@JonathanReez but if you enter by land you have to answer whether you've ever had a visa cancelled. See cbp.gov/document/forms/….
– phoog
Apr 24 '17 at 20:38