Say I have 2 passports, 1 UK passport and 1 Irish (EU) passport. I apply for a 6 month tourist visa to the US on my British passport. After 6 months I leave the US on the British passport and a few days later come back on my Irish passport on a tourist visa. Would this work as a one time thing to stay for up to one year in the US? The real question being is there anything that would identify the 2 passports being the same person when applying for the visas?
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5A visa is issued to you not to your passport. So the visa rules apply to you.– MidavaloCommented Aug 10 at 19:17
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Ok I understand that. I suppose the real question is whether there is anyway the 2 passports would be identified as being the same person when applying for the visa– Richard ReedCommented Aug 10 at 19:32
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2Is the biometric data in your two passports different in any way?– TravellerCommented Aug 10 at 20:13
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2I hope you aren't using your real name here!– TonyKCommented Aug 10 at 21:57
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2"The real question being is there anything that would identify the 2 passports being the same person when applying for the visas?": Name, date of birth, place of birth, fingerprints, facial recognition. The combination of these will result in a match with extremely high certainty.– phoogCommented Aug 11 at 17:22
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3 Answers
When you apply for the visa, you are asked if you have any other names you go by, and any other citizenships, as well as if you have any other passports. So assuming you completed your form truthfully and completely the first time, your second application would be linked to that first one.
It is possible to enter the US twice just a few days apart (I've done it.) But I didn't stay for 6 months either time, just a few days or a week. Getting a second passport is not a high bar for most people, and isn't going to enable you to bend the US rules for how long you can visit.
answered Aug 10 at 19:45
Ok I understand that. I suppose the real question is whether there is anyway the 2 passports would be identified as being the same person when applying for the visa
Unless you lied on your visa application, they will most definitely be identified as being the same person.
If you did lie and didn't disclose the second passport when applying for a visa, then they'd still be tied since the US collects biometrics of incoming visitors. Once detected you won't be allowed into the US for quite a bit.
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3It's not just "quite a bit." Exclusion for misrepresentation is permanent. You're barred for life.– KevinCommented Aug 11 at 17:49
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@Kevin a waiver is available but I've never seen a public description of the criteria used to evaluate waiver applications, so there's no way to know how likely one is to be able to obtain such a waiver. I'm also unaware of statistics showing how many waivers are granted each year, but I would be surprised if the number isn't very small.– phoogCommented Aug 13 at 5:51
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@phoog: To the best of my understanding, the only waivers available for misrepresentation are the "temporary admission at the discretion of the Attorney General" waiver (212(d)(3)) and the "extreme hardship to a US citizen relative" waiver (212(i)). I don't believe either of those have a high success rate at all.– KevinCommented Aug 13 at 6:43
The ESTA (and a US visa) application asks if you currently have any other citizenships or previously had at any point in your life before.
When I came to visit the US on my ESTA the gentleman processing me took my fingerprints. So it's safe to say if you show up with your second passport pretending you've not been to the US in the last year as soon as you put your finger down it'll get flagged up on the system. Even if you gave them a different name and a passport.
Not to mention some of your details will always be the same whether you have one passport or many. That would be your date of birth and place of birth. Seeing a fingerprint match with another person who has the same date of birth and place of birth is a red flag, if you haven't declared it.
So my advice would be not to lie. Declare all your names, all your citizenships. Because if you do lie you'll definitely be refused entry. At least by telling the truth they might let you in. If you travel using ESTA it allows multiple trips up to 90 days each. But lying allows you 0.
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(+1) This is,truly, a realistic answer. It would be wise to heed this advice. Commented Aug 12 at 14:04