TheSYDTraveller

Hey guys, I have a 5y B1/B2 visa issued from 2011, it expires on the Sep 2016. I only got the visa cause I was spent 6 months in the US from March-Sep 2012. During my entry in March, I was actually stamped without questioning, however, I did get pulled over for secondary inspection with following issues.

The USCBP has noted me leaving on the 8/9 and the I-94 shows: 'Admit Until Date: 2012 September 09'. So I haven't overstayed.

So with all this in mind, I'm headed to the US in Nov-Dec. I hold an Australian Passport, is there any reason that I should get an ESTA? I personally don't an issue being admitted on my B1/B2 but they might ask why I didn't get and ESTA but instead have a visa. Worth getting the ESTA as a backup?

Hyperacusis

Don't bother. A visit visa is 'better' than an ESTA for travel to the US. You get admitted for a longer period and there are some procedural benefits.

:D!

Is there some reason why you think your existing visa won't let you into the US? Could be if your personal circumstances have changed.

TheSYDTraveller

By the time I board my flight my last visit to the states would be 2 years ago. My married my then gf (Vietnamese Citizen) who was studying in the US and she moved to Australia with me. Another change could be that I quit my job and ended up going back to university and my wife is the sole income earner but I don't think that's that big of a deal. I'm just generally paranoid about immigration, especially USCBP.

I get that USCBP have to asks questions and what not but its fairly weird as to how inconsistent they are between entry points (eg: LAX thorough question and DFW they just stamp and let me through albeit a secondary questioning just as I was about to leave the baggage reclaim area). They also would ask me why I was on a visa instead of ESTA like theres something wrong with using a visa (first time was because I was staying for 90+ days and the second time cause I was staying for 179 days). I can only hope that it'll be uneventful as I've always followed the rules as an non-immigrant alien

cbn42

When CBP asks questions, they are just looking for nervousness or inconsistencies. Answer their questions briefly and directly, and you'll be fine. If you have a visa, there is no sense in getting an ESTA.

Hyperacusis

One benefit of the ESTA is the ability to use Automated Passport Control (APC) kiosks at certain airports.

GUWonder

Indeed. That said, it may be the case that US visa holders would perhaps complicate their own situation -- under at least some circumstances -- if applying for and entering the US under the VWP.

With regard to another post above (by a different FTer), CBP asks questions for reasons that go beyond just looking for nervousness and inconsistencies.

TheSYDTraveller

Thanks for all the replies. The general consensus seems to be that I should just stick with my US visa as getting ESTA may arouse suspicion and complicate things. I just googled APC and it looks like LAX Terminal B doesn't have one so it seems like the 1 Pro of getting ESTA is gone.

I'm just worried that USCBP might have magically cancelled my US Visa in the past 3 years without notifying me and I turn up to check-in saying I don't have a valid visa.

Hmm.. What do you mean?

SeriouslyLost

And one negative of the ESTA is that in getting it you surrender all rights to recourse or due process.

If the OP has a valid visa in place then just use it. It's there to be used.