Visa waiver program only applicable under certain conditions?

[tigey 10]

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?

[Harpa Timsah 13,258]

Did this happen to you after you posted this?

http://www.visajourney.com/forums/topic/347094-can-i-visit-the-usa-while-the-k-1-is-being-processed/page__p__5102368#entry5102368

This post was only 3 days ago and you said the denial of entry happened last week?

[tigey 10]

Did this happen to you after you posted this?

http://www.visajourney.com/forums/topic/347094-can-i-visit-the-usa-while-the-k-1-is-being-processed/page__p__5102368#entry5102368

This post was only 3 days ago and you said the denial of entry happened last week?

no this happened over a week ago.

I wasnt denied entry, they let me in, but said that I needed a B-1 visa to return, thats why I made that post.

[Boiler 45,501]

no this happened over a week ago.

I wasnt denied entry, they let me in, but said that I needed a B-1 visa to return, thats why I made that post.

B1 is for Business, did you mean a B2.

I can not work out if they think you have been abusing the VWP or if they just screwed things up.

Obviously many people from VWP countries do not live in their home country, that is not a requirement to use the VWP.

[tigey 10]

B1 is for Business, did you mean a B2.

I can not work out if they think you have been abusing the VWP or if they just screwed things up.

Obviously many people from VWP countries do not live in their home country, that is not a requirement to use the VWP.

well i mean b2 sorry. I cant help to think they were giving me a hard time because I don't look British, and have a Caribean accent.

[Boiler 45,501]

UK has a very large immigrant population, many of whom now have British Passports.

[aaron2020 11,651]

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?

No, it does not. The VWP permits to enter the US without a visa if the US government allows you to enter. The VWP does not guarantee entry into the US. The name of the program is the "Visa Waiver Program." The benefit is not needing a visa when seeking entry into the US. It doesn't guarantee entry.

A person attempting to enter the US on the VWP can be deny entry.

What happen to you may be unfair, but is is within the authority of the CBP to deny you entry on the VWP. And this authority is final and cannot be reviewed.

Nothing prevents you from trying to enter the US again on the VWP. However, you are will probably encounter problems since you have been tagged in the CBP system.

Edited January 17, 2012 by aaron2020

[Dan & Jenni 457]

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?

i think they believe that you are abusing the system by using your UK passport to obtain the benefits that gives you (entry to the US using VWP) even though you reside in Belize and hold a Belizean passport... like your using whichever passport works best for you at the time. whether that is ok to do or not i really dont know... but it is bound to raise suspicion in my opinion.

[aaron2020 11,651]

Think of it this way.

A UK citizen passport holder does not need a visa to seek entry into the US.

A Belize citizen passport holder does need a visa to seek entry into the US.

As the holder of both passports, which rule apply to you? Do you get to pick between the two of them when seeking entry into the US?

The US has the ultimate authority to police its borders and controls who can enter or not. As a foreign citizen, you don't get a say. It is up to the CBP on how to handle the situation.

[MochiKamo 93]

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?

I'm curious. Where you born in the UK?

[Boiler 45,501]

Think of it this way.

A UK citizen passport holder does not need a visa to seek entry into the US.

A Belize citizen passport holder does need a visa to seek entry into the US.

As the holder of both passports, which rule apply to you? Do you get to pick between the two of them when seeking entry into the US?

The US has the ultimate authority to police its borders and controls who can enter or not. As a foreign citizen, you don't get a say. It is up to the CBP on how to handle the situation.

I can answer that, generally you choose.

The exception would be where one of the passports is a US Passport, then you show the US Passport to enter.

[aaron2020 11,651]

I can answer that, generally you choose.

The exception would be where one of the passports is a US Passport, then you show the US Passport to enter.

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?

Edited January 17, 2012 by aaron2020

[tigey 10]

No, it does not. The VWP permits to enter the US without a visa if the US government allows you to enter. The VWP does not guarantee entry into the US. The name of the program is the "Visa Waiver Program." The benefit is not needing a visa when seeking entry into the US. It doesn't guarantee entry.

A person attempting to enter the US on the VWP can be deny entry.

What happen to you may be unfair, but is is within the authority of the CBP to deny you entry on the VWP. And this authority is final and cannot be reviewed.

Nothing prevents you from trying to enter the US again on the VWP. However, you are will probably encounter problems since you have been tagged in the CBP system.

Yes it DOES qualify me for the VWP. I never said it guaranteed me entry, i know this. The officers told me that I was not allowed to enter on VWP, that I needed a B-2 in my other passport. This is my main question. Why would it matter what other nationality I have? I have a valid ESTA number to enter on, and that is what I am choosing to use to enter. I know they can deny me entry based on whatever reason, but how can they say I cant use VWP just because I have another passport? I WAS allowed entry after much debating as a "courtesy" of the officers. I have no criminal record, and after an f-1 and and H1-B I never overstayed or was out of status. I am owner of my own Engineering company and have strong financial and family ties to Belize. However, I was informed that the next time, I would need to get a visitors Visa in my Belize passport, and enter on that. The real reason I am asking is because im applying for a K-1 and now I need a B-2 also, just to visit my fiance? Is this necessary or not? Or were the officers just treating me unfairly?

[tigey 10]

UK has a very large immigrant population, many of whom now have British Passports.

what does that have to do with me or my situation? I am not a UK immigrant, I was born there and it clearly states my birthplace as Southampton, England in my passport.

[aaron2020 11,651]

Yes it DOES qualify me for the VWP. I never said it guaranteed me entry, i know this. The officers told me that I was not allowed to enter on VWP, that I needed a B-2 in my other passport. This is my main question. Why would it matter what other nationality I have? I have a valid ESTA number to enter on, and that is what I am choosing to use to enter. I know they can deny me entry based on whatever reason, but how can they say I cant use VWP just because I have another passport? I WAS allowed entry after much debating as a "courtesy" of the officers. I have no criminal record, and after an f-1 and and H1-B I never overstayed or was out of status. I am owner of my own Engineering company and have strong financial and family ties to Belize. However, I was informed that the next time, I would need to get a visitors Visa in my Belize passport, and enter on that. The real reason I am asking is because im applying for a K-1 and now I need a B-2 also, just to visit my fiance? Is this necessary or not? Or were the officers just treating me unfairly?

You will need the B-2 visa. It is necessary. I can't tell you if you were treating unfairly or not since I wasn't there.

The CBP has the authority to deny you entry on the VWP. They can impose the condition that as a Belize national, you must have a B-2 visa to visit. Their authority is final and not subject to review.

There is no help that you can get from this forum that would alter your situation. Even a lawsuit from you would be dismissed since the court cannot review the CBP's decision.