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So I'm a dual citizen. One is an EU country so it’s under the VWP, and the other is not. I have a valid us tourist visa on the non-EU passport but it's about to expire and at the time. Because of the country's situation is very hard to renew the passport.

So my question is if I have a valid visa on an expired passport without being able to renew it, should I just simply apply and use the ESTA on the EU passport and disregard the visa on the other.

P.S. - I’ve heard that if you have a valid visa you shouldn’t even apply for the ESTA and I know people that have been troubled during immigration because of this.

  • Is your non-VWP passport about to expire or the visa in it? – phoog May 29 '18 at 16:14
  • The non-VWP passport will soon expire but the visa in it will still be valid after that for some years. – Traveler May 29 '18 at 16:16
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You can travel under the VWP with your VWP-eligible passport even though you have a valid visa in your non-VWP passport. This is true whether the non-VWP passport is valid or expired.

I am unfortunately unable to find an authoritative reference to support this, however. There are some similar questions here that lead to this conclusion, however:

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