B1/B2 Visa & ESTA

Caracal

New Member
I have a few questions regarding visa:

1. When having a valid B1/B2 visa, you do not need to apply for ESTA. If you're in possession of a B1/B2 and would be eligible for the VWP, are you legally allowed to go through the ESTA procedure?
I know it can happen by accident, since many travel agencies over here in Belgium claim that everybody who's traveling to the US has to go through ESTA, without knowing that Visa owners don't have to.

2. If you have a valid B1/B2 and you would be eligible for VWP, are you always obliged to use your B1/B2? For example, when traveling to the US only in transit to another country.

3. I read on this link: travel.state.gov/visa/questions/questions_1253.html
that a visa can be in an expired passport on the condition that both passports are
of the same 'type'. When both passports are technically different (machinable
readable (expired) and biometric (valid)) can they also be considered 'same type'?
 
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