Hannahpep

Hello all,

So I just wanted some advice. I have a valid esta (still saying authorised online) which I got in August 2017. Alongside my two children I went to the us with my husband who does MMA training out there.

My husband decided he wanted to go for 4 months and we applied for a b1/b2. It was denied under 214b. We have are own house here, kids at school so it seemed really unfair and we left feeling unsure why it was actually denied. This was November 1st.

He needs to go back out for training camp in December (he earns NO money in the US and his fights take place in the UK)
My question is- do we travel on are already authorised estas or do we need to re apply and potentially risk it being denied?

What are the chances of them sending us home if we go on our existing estas? We have shortened our trip to 6 weeks. And due to fly out in December.

Thanks

mikelincs

If you apply for new ESTAs then you will, assuming you answer the questions correctly, almost certainly be denied as, I believe, it does ask if you have ever been denied a visa. Travelling on your current ESTAs might also be a problem as the US immigration people should be able to see that you have had a visa denial.
He may earn no money, but I really suspect that what he does there would be classed as work as someone from the US doing that job would certainly be paid.

mikelincs

One option would be to travel through Dublin, you get pre-clearance there, so any problems would happen there and not when you get to the US.

christmasoompa

I don't think you can use your current ESTA, it's invalid now since your answers will have changed since you did it. So you'd need to reapply, answering truthfully about having a visa denial and see if it gets approved or not.

And do double check that your husband is allowed to do what he's proposing on an ESTA or B2 - the forum pros will know more and be able to advise you better, but might need some other visa for training etc.

Best of luck.

Pulaski

Applications for B1/B2 visas are routinely denied for most people who are VWP/ESTA eligible unless they are of retirement age. The US doesn't care what people "want", but considers people of working age entering the US for more than 90 days to have a high risk of working.

In any case I agree with Mike, that "training camp" sounds like work for a pro athlete, and I think that a visa for a pro athlete would be more appropriate than trying to wing-it on a B1/B2.

I think your ESTAs are voided by the visa denial, and you may, or may not, get lucky and be allowed in if you try to use them again.

Twinkle0927

Is there nowhere in Europe or Canada that offers this training?

I don't see why you think having children in school in the U.K. is considered a tie to the U.K. and that the denial was unfair when you are thinking of coming here for 4 months. What would happen to their schooling then?

I agree with the others that this sort of training probably isn't permitted on a B visa anyway. B visas allow for short, hobby-type courses. And there's a big difference between going to a cookery lesson on holiday and training as a professional sportsperson for 4 months.

az2014

As one of the answers to any of the VWP eligibility questions has changed then yes a new ESTA application needs to be made with the updated answer.

People recommend to wait 6-12 months but nobody knows really how long to wait.

tom169

ESTA void. Reapply with updated answers - specifically the fact of a visa denial.

However, I think a B visa would have been appropriate. Business folk can attend conferences and training sessions on a B, so a fighter at least in my mind could go to a training camp. Just my 2c.

Hannahpep

Legal advice was you can only go on a b1/esta if you do NOT Have a USA employer which he doesn't.

But yeah think I will re apply for my esta.

Jerseygirl

I think that would be a wasted journey. They are not going to be approved for travel to the US as they are not eligible to use ESTA and have been refused a visa.

Hannahpep

Having written permission from the school, several properties that I own and my entire family here as well as both our jobs doesn't seem like ties to the UK? I don't know what they expect you to prove!

Of course there are other training gyms but he has gone to this one for the past 5years on esta and they have a good old chit chat about his ears at security. So yeah to not have a Pacific answer to why he couldn't get a b1/b2 was a little unfair to me.

Hannahpep

Why are we not eligible? Surely if we are not eligible we can not apply at all for the esta?

Also does anyone know why my status still says APPROVED TO TRAVEL?

Jerseygirl

AFAIK you are not eligible because you have been refused a visa.

We would normally recommend jobs and property as ties to the UK...family not so much. Unfortunately the officer didn’t agree.

Hannahpep

So how do people obtain an esta after 6-12 months if no one is eligible

Jerseygirl

I thought you intended to apply immediately...or are you going to wait 6/12 months?