1

My wife and my daughter had a US tourist visa. Their passports now expired, but I think the visa's might be still be not expired. Can they apply for ESTA for their new passports? The new passports have been issued by a different country than the passports with the visas.

EDIT: The reason I ask is because on the ESTA website it says that it is a prerequisite that "You are currently not in possession of a visitor's visa."

  • Why use a new nationality? new nationality=different person. – Ulkoma Dec 8 '15 at 19:09
  • @inactive what is that supposed to mean? It's generally not true. For example, a person who is both a Canadian and US citizen cannot live full time in the Schengen area by reentering repeatedly on alternate passports. – phoog Dec 8 '15 at 19:18
  • @phoog my name on my British passport is X X, on my ****ian passport its Y Y, if I enter country **** (which is my home country or that's what people call it) using my British passport they consider me a different person than Y Y and I have to pay money to stay there let alone I have to get a visa in the first place and there is a chance I get rejected. – Ulkoma Dec 8 '15 at 19:24
  • @inactive well that's not how it works in the US, which is the relevant jurisdiction for this question. It's also not how it works in the EU, including Britain. If you show up at the UK border with only your other passport, and can prove you're a British citizen, they'll let you in. – phoog Dec 8 '15 at 19:26
4

Yes, and in fact they must:

If you obtain a new passport or change your name, gender or country of citizenship, you will be required to apply for a new travel authorization. This is also required if one of your answers to any of the VWP eligibility questions changes. The associated fee of $14 will be charged for each new application.

Alternatively, if they have a new passport for the country that granted them the visa previously, they can just bring both passports because the old visa continues to be valid.

  • Please see edit to the question with clarification – Grzenio Dec 8 '15 at 11:41
  • 1
    If you apply with a new citizenship and a new passport that your old visa is not valid for, you're a new person as far the US is concerned. – lambshaanxy Dec 8 '15 at 12:28
  • "new person" is an extremely misleading way of saying what you mean. For example, if you have been deported or banned, you can't get around that by using a different citizenship to enter the country. – phoog Dec 8 '15 at 19:21
  • @phoog Which is a different story and not what the OP is asking about, but in practice you actually could quite likely enter the country with a different passport, even if you're not supposed to be able to. – lambshaanxy Dec 8 '15 at 21:52

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.