Visa waiver program only applicable under certain conditions?

[Stu4Lee 66]

Even after "official website" links are posted, members still post their own inaccurate drivel.

CBP would do well to read this http://www.cbp.gov/xp/cgov/travel/customerservice/pledge_travel.xml because I have seen little/no evidence that it has been/is being implemented.

In Atlanta secondary...after 3 hrs the place was packed, not just with VWP either, 10 yr visas, all sorts.

Had my name called out for 3rd interrogation, Aussie girl wished me luck, get to the counter...

Officer Washington "You are gonna need it"

Me "I'm gonna need what?"

Officer Washington "She wished you luck and you're gonna need it"

Me "I don't know her, I never met her before, she was just being friendly"

Officer Washington "I don't believe the story you have told me"

Me "Why not? You have made phone calls and had "my story" as you put it, verified"

Officer Washington "You are lucky we are busy today, we are trying to clear this area, otherwise I wouldn't let you in"

Me "#######?? So if it was empty in here I'd be going back on the next flight?"

Officer Washington "Yes"

Shaking my head by now, totally speechless.

Officer Washington also refused point blank to identify himself when making phone calls to verify my "story"

He had nothing on me, my "story" was verified, he was just pissed that he couldn't refuse me entry, same as the OP.

So yeah, very arrogant and very unprofessional in my experience.

[Boiler 45,501]

Have you been to Turkey?

[Moomin 292]

http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/vwp/faq_vwp.xml#GeneralInformationontheVisaWaiverProgram about half way down(after the stuff about one's original nationality);

Q: Can a VWP traveler with more than one passport travel to the United States on the passport that was not used when applying for an ESTA?

A: No. Each VWP traveler must have an approved ESTA for the passport he or she plans to use for travel to the United States. If travelers acquire a new passport, they must submit a new ESTA application for their new passport.

--

Even though I don't disagree with the ones having bad experiences at POE, I personally think this is a different matter than being scrutinized for no reason.

Edited January 18, 2012 by moomin

[jhm3 15]

I have followed this thread with interest because the same thing happened to my mother-in-law recently. She is a dual national of Ecuador and a VWP country and has used her VWP passport to enter the US on numerous occasions. Upon arrival for her most recent visit, she was informed by the CBP officer -- quite rudely, according to her -- that she couldn't use "whatever passport she wanted to" and that she had to enter on her Ecuadorian passport (presumably because that is where she lives). Fortunately, she had an old (but still valid) US visa in that passport, so further difficulties were averted, but I am convinced that both in that case and the case referred to here, the officer acted inappropriately by demanding that the applicant for entry use a particular passport.

To review a couple of points already discussed here:

(1) There is clearly no published rule stating that VWP nationals holding multiple citizenships and/or residing in third countries are not eligible for the program; on the contrary, information on the CBP website makes clear that they are (see the FAQ answer referred to earlier in this thread).

(2) CBP officers do of course have discretion to deny admission to any foreign national at the port of entry (the difference for VWP participants is that they have no right of appeal), but that decision presumably should be based on the officer's (hopefully reasonable) suspicion that the applicant for entry does not intend to comply with the terms of admission (or poses some kind of danger to the public good, I suppose).

A CBP officer might well have a couple of extra questions for a VWP national residing in a third country, and the applicant for admission would probably be wise to be prepared to produce evidence of strong ties to his country of residence and/or citizenship to establish his or her lack of immigrant intent, but in my view there is no basis in law or policy for the CBP officer to assert that any non-USC must use a particular passport.

Indeed, I suspect that in this case the British government would consider it an affront that US officials refused to accept a British passport presented by a British citizen. (To be clear, I'm not saying that the British government could, should, or would insist that British passport holders automatically be *admitted* to the US, but I think the UK authorities would feel strongly that all British citizens, regardless of any other citizenships they may hold, should be able to use their UK passports when traveling and that UK travel documents should be respected.) I hope the original poster will consider bringing this incident to the attention of the British Embassy, which might well have something to say to the US government about it. Perhaps a diplomatic protest or two will help to make sure that CBP officers are better trained.

[Stu4Lee 66]

http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/vwp/faq_vwp.xml#GeneralInformationontheVisaWaiverProgram about half way down(after the stuff about one's original nationality);

Q: Can a VWP traveler with more than one passport travel to the United States on the passport that was not used when applying for an ESTA?

A: No. Each VWP traveler must have an approved ESTA for the passport he or she plans to use for travel to the United States. If travelers acquire a new passport, they must submit a new ESTA application for their new passport.

This is irrelevant in the OP's case, his other passport is from a non-VWP country.

--

Even though I don't disagree with the ones having bad experiences at POE, I personally think this is a different matter than being scrutinized for no reason.

It is a different matter in that they don't appear to know their own regulations. This is far worse than just being pig ignorant, arrogant or unprofessional.

Everyone gets scrutinised, even USC, just some more than others.

[Krikit 1,164]

If you feel you have been treated unfairly you have two options:

Submit a Complaint

Traveler Redress Inquiry Program

[newlyweds2010 208]

It's funny, because the British passport states the following: 'Her Britannic Majesty's Secretary of State requests and requires in the name of Her Majesty all those whom it may concern to allow the bearer to pass freely without let or hindrance and to afford the bearer such assistance and protection as may be necessary.' I mean, do they really want to disregard what Her Majesty requested and required?

[Boiler 45,501]

Off with their head.

[ISIS AND TROY 5]

So if you went to visit your fiance in Florida, I'm assuming that happened in Miami, right?

[Moomin 292]

Stu4Lee > Irrelevant? OP hasn't answered what information he typed in not only when using ESTA but as for POE. Traveling on VWP requires to use the information in the passport from the VWP country. Right now all I know is that OP was not satisfied with the treatment given. It's a stretch just calling CBP officers racists because of it(according to another post). If it's about a complaint, then I suggest OP takes it to https://help.cbp.gov/app/answers/detail/a_id/175/~/complaint-of-rude-and-unprofessional-treatment like Krikit suggested or ask for a supervisor if it happens again.

Edited January 18, 2012 by moomin

[Stu4Lee 66]

Stu4Lee > Irrelevant? OP hasn't answered what information he typed in not only when using ESTA but as for POE. Traveling on VWP requires to use the information in the passport from the VWP country. Right now all I know is that OP was not satisfied with the treatment given. It's a stretch just calling CBP officers racists because of it(according to another post). If it's about a complaint, then I suggest OP takes it to https://help.cbp.gov/app/answers/detail/a_id/175/~/complaint-of-rude-and-unprofessional-treatment like Krikit suggested or ask for a supervisor if it happens again.

OK I will take a nibble...

Yes, irrelevant here, the Q and A you posted does not apply in the OP's case. I'm not posting the applicable links again.

I don't know what you are trying to get at here, the OP has a valid passport from a VWP country (UK) and an approved ESTA for that passport and is therefore eligible to travel using VWP and that passport.

His other passport is from a non-VWP country and can't be used for ESTA, a visa would be required for that passport.

He was not denied entry, what does that fact alone tell you?

End of story for me.

There are at the very least, 2 potential CBP officers on this thread, I reckon.

[Moomin 292]

There are at the very least, 2 potential CBP officers on this thread, I reckon.

Yes, I'm a CBP officer without my EAD. #######?

[tigey 10]

So if you went to visit your fiance in Florida, I'm assuming that happened in Miami, right?

no Ft. Lauderdale

[tigey 10]

UPDATE: So today I went to my embassy to apply for the B-2 in my Belize passport. One of the first questions I was asked was if I had ever had a Visa before. To which I replied yes, I had an H1-B. When she looked for it in my passport and couldn't find it, she asked where it was. I told her it was in my other passport. She informed me I must use the same passport I have the old H1 Visa in to apply for any other Visa. I explained it was in my UK passport. I was promptly informed that I was to apply for an ESTA and enter on VWP. I told her the last time I was told by CBP to get a B-2. She objected and said she could not issue B-2 in Belize passport, it had to be issued in the UK passport, because thats the one my old H1 and F1 was in. I would still have a Visa-less Belize passport. She told me again to apply for ESTA, and use VWP. She was very frank about this lol.

[Boiler 45,501]

And now you have to update ESTA with a visa refusal.