For individuals from Visa Waiver Program (VWP) countries, the Electronic System for Travel Authorization (ESTA) offers a streamlined way to visit the United States for tourism, short business trips, or transit.¹ However, the question of "study with US ESTA" often arises. Simultaneously, those holding passports from more than one country might wonder about "USA entry with dual citizenship." Understanding the limitations of ESTA for educational purposes and the guidelines for entering the US with multiple passports is crucial for compliant travel.

Limited Learning: Study with US ESTA Restrictions

The US ESTA is designed for temporary visits for pleasure, business, or transit, typically for stays of 90 days or less.² While the idea of combining a short trip with some form of learning might be appealing, the scope of "study with US ESTA" is significantly limited.

Permitted Educational Activities Under ESTA:

According to the U.S. Department of State, individuals traveling on an ESTA can engage in brief, recreational study that is incidental to their visit.³ This includes:

• Short-term recreational courses: Such as cooking classes, art workshops, yoga retreats, or language lessons that do not lead to academic credit or a degree.⁴
• Part-time, non-degree courses: These should be primarily for personal enrichment and not contribute towards a formal academic qualification.
• Seminars and workshops related to business travel: If the primary purpose of the trip is legitimate business activities, attending short seminars or workshops directly relevant to that business is generally permissible.

Educational Activities NOT Permitted Under ESTA:

Engaging in any of the following activities necessitates obtaining the appropriate student visa (F-1 or M-1):

• Enrollment in full-time academic programs: This includes undergraduate, graduate, and doctoral degrees at universities or colleges.
• Studying at SEVP-certified institutions: These institutions are specifically authorized to enroll international students.⁵
• Courses for academic credit: Any study that contributes towards a degree, diploma, or academic certificate.
• English language programs at accredited institutions (if full-time).
• Vocational or professional training programs (unless very short and recreational).

Key Considerations for Study on ESTA:

• Primary Purpose of Visit: The main reason for your travel must still fall under the categories of tourism, short business, or transit. Any educational component should be secondary and brief.
• Duration of Study: The total duration of your stay, including any short courses, must not exceed the 90-day limit of the ESTA.
• No Employment: Engaging in any form of paid work, including work related to your studies, is strictly prohibited under the ESTA.
• Intent to Return: You must be able to demonstrate to immigration officials that you intend to return to your home country before the 90-day limit expires.

In summary, while you might be able to participate in very short, recreational courses as a tourist on an ESTA, any serious academic or vocational study requires the appropriate student visa. Attempting to circumvent visa regulations by enrolling in substantial study programs under ESTA can lead to visa revocation, deportation, and future ineligibility for US travel.

Navigating Entry: USA Entry with Dual Citizenship

The United States recognizes dual nationality.⁶ This means that a person can be a citizen of both the US and another country simultaneously. However, when it comes to "USA entry with dual citizenship," specific guidelines must be followed.

Key Rules for US Citizens with Dual Nationality Entering the USA:

• Use Your US Passport: U.S. law mandates that all US citizens, including those holding dual nationality, must enter and exit the United States using their valid US passport.⁷ You are not permitted to enter the US using a foreign passport, even if you hold citizenship of that country.
• No ESTA or Visa Required: As a US citizen, you are not eligible for an ESTA or a US visa. Your US passport serves as proof of your citizenship and right to enter the country.
• Foreign Passport for Other Countries: While you must use your US passport to enter and leave the United States, you can use your foreign passport for entry into the other country of which you are a citizen, provided that country's laws permit it.
• Potential Complexities: While the US generally permits dual nationality, some other countries may have restrictions. It is advisable to research the dual nationality laws of any other country of which you are a citizen before traveling there.

Non-US Citizens with Dual Nationality Entering the USA:

For individuals who are citizens of a VWP country and also hold citizenship of another nation (which may or may not be a VWP country), the rules for ESTA and entry are as follows:

• Use the Passport of the VWP Country: When applying for an ESTA, you must use the passport of the VWP-eligible country you will be traveling with. The ESTA is linked electronically to that specific passport.
• Declare All Nationalities: The ESTA application form asks about other citizenships.⁸ It is crucial to answer this question truthfully. Holding dual nationality in itself does not automatically disqualify you from ESTA, but failing to disclose it can lead to issues.
• Passport Validity: Ensure the passport you use for your ESTA application and travel to the US is valid for at least six months beyond your intended stay.
• Restrictions Based on Other Nationalities or Travel History: In some cases, holding dual nationality with certain countries (e.g., Cuba, Iran, Iraq, Syria, Sudan, North Korea, Libya, Somalia, Yemen) or having traveled to these countries after a specific date may impact your ESTA eligibility. In such situations, you may be required to apply for a visa instead.

In essence, if you are a US citizen with dual nationality, use your US passport to enter and leave the US. If you are a citizen of a VWP country with dual nationality, use the passport of the VWP country for your ESTA application and travel, and be truthful about all your citizenships.

Conclusion

While the US ESTA offers a convenient pathway for short-term visits, it is not intended for substantial study. Individuals seeking to pursue academic or vocational programs in the US must apply for the appropriate student visa. Regarding "USA entry with dual citizenship," US citizens must use their US passports, while citizens of VWP countries with dual nationality should use the passport of the VWP country for their ESTA and travel, being transparent about all citizenships held. Understanding these distinctions is vital for ensuring a smooth and lawful entry into the United States.