I just want to know if the two passports are linked. For example, if I overstayed in the US on my Irish passport's ESTA, can I still enter the US on my British passport's ESTA? Are they linked in any way? Will my British passport be approved?
If one of my passports has been denied ESTA approval, can I use my other passport to apply for ESTA?
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14It wasn't your passport that overstayed, it was you– MidavaloCommented Jan 26, 2023 at 4:50
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4They're linked because you're asked about them in the application. Related: travel.stackexchange.com/questions/129698/…– littleadvCommented Jan 26, 2023 at 5:58
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3The US will identify you from biometrics taken on your previous arrival eg simpleflying.com/us-airports-fingerprints-guide The US knows your name and date of birth. If you declared your British passport when you got your ESTA, the US already knows about it. If you didn’t declare it, you might well get an ESTA with it but a whole load of trouble will open up for you when you arrive at Immigration– TravellerCommented Jan 26, 2023 at 7:00
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3@AnonymousVroomvroom I think you may have misunderstood how the Visa Waiver Programme works. You must tell the truth in an ESTA application. Your passports are linked via biometrics/your personal data; your previous overstay will be on record and likely makes you ineligible for ESTA. Even if you manage to get an ESTA using your UK passport, approval means that you are eligible to travel to the US under the VWP, but doesn’t guarantee that you are admissible. You could be denied entry on arrival, or banned depending how long you overstayed. Your likely best option is to apply for a visa.– TravellerCommented Jan 26, 2023 at 20:59
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1How long was your overstay? How long ago? If the overstay was six months to a year, you began a three-year period of inadmissibility when you left the US. If the overstay was over a year, the period of inadmissibility is ten years.– phoogCommented Jan 26, 2023 at 22:51
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1 Answer
As noted in the comments, the ESTA application asks you about passports from other countries, so your passports will be linked. Maybe you're thinking that if you don't tell them about the passport, they won't notice. Maybe you're right about that, but if you're wrong you will be indefinitely inadmissible to the US for deception. This inadmissibility remains until you apply for a waiver, but only if the waiver is granted, which is unlikely.
So you really don't want to lie on the ESTA application unless you're prepared to accept never being able to go to the US. What's worse, if you don't tell them about your other passport in the application, they might not make the connection until you actually present yourself at the border, at which point they will surely match your fingerprints or your face to their records. Then not only will you be banned for deception but you will also have your day ruined (if not your entire planned trip) by being denied entry at the border.
Your ESTA will probably be denied. Even if it is granted for some reason, as someone who has previously overstayed under the visa waiver program, you are in fact no longer eligible to use the VWP/ESTA (I believe there is some provision for people who overstayed because of COVID-19 to be excused from this ineligibility, so if that is your situation then you might want to look into that). If you manage to get an ESTA, therefore, even after answering all the questions truthfully and completely, there's still a risk of your being turned away at the border. Your best bet is to apply for a visa.
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3"but if you submit an ESTA application and it's granted, great" I believe that, statutorily, they are still required to deny you entry on VWP, according to INA 217(a)(7) (8 USC 1187(a)(7)) Commented Jan 26, 2023 at 22:07
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@user102008 you're right. I didn't keep all of the given facts in mind as I was writing and editing. I'll fix it.– phoogCommented Jan 26, 2023 at 22:37
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I see. Also, yes I overstayed during the Covid pandemic and filed for a DHS Trip (redress), so that the overstay can be cleared etc. In fact, it wasn’t even a proper overstay as I extended my stay and it was approved initially. I’ll do both honestly lol. Thanks so much for your comments and clarity. Commented Jan 27, 2023 at 0:38
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2@AnonymousVroomvroom: Were you granted "Satisfactory Departure"? and if so, did you leave by the new departure date? Commented Jan 27, 2023 at 1:46
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2@AnonymousVroomvroom Please add all the relevant facts to your question. The validity/reliability of any answer depends on knowing the exact circumstances surrounding the question Commented Jan 27, 2023 at 9:26