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Old Mar 26th 2011, 3:48 am   #1
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Default Please Help :((( B2 Tourist Visa denied, can i still apply for an ESTA ???

B2 Tourist Visa Denied, Will my applying for 3 month waiver program visa be denied too? (((((?
((QUESTIONS ARE BELOW AT THE END OF MY EXPLINATION))))

I'm from the UK and I've been planning a huge trip to the US for 6 months now. I've been saving for years, I was planning everywhere that I was going to go and what i was going to do. Was so so excited. Plus I needed it after a really bad year. i planned to leave this april and come back in august.

I was planning on it being for 5 months. I filled in an application online for the B2 Tourist visa. Spent probably £40 worth in calls (it's ridiculous on my phone it's £5 a min to call the embassy) checking with them before I applied what kind of requirements I needed for the visa, what documentation i needed. the answer was 'oh there is no requirements. no documents needed. just proof that you've got some money in your account and ties to the uk' . I took along with me the forms they specify i bring, plus print outs of my funds, and a letter explaining why my stay would exceed 3 months, what i was going to do there, where i was going to stay and what i planned on doing on my return.

I did not think it was going to be a hard process. went for the interview (Waited 5 hrs to be seen) then i was asked: what my career was (graphic design) , how long i'd been out of a job (6 months), what my last job was and how long was i there (6 months) how had i saved for the trip (from past jobs) where i lived (with parents) what my parents did (father retired engineer and mother works in school) did i know anyone in the us (yes) how many and where are they (4, told him all the states they lived in). why can't i go for 3 months? (coz i want to see all over, there isnt enough time for just 3 months, i have to stay with my friends when they become free which surpasses 3 months). What am i doing when i come back (probably my master;s degree) have i applied (no).

Answer- no sorry, not enough evidence that im returning. he said 'you don't have a job or university lined up for when u get back' i asked if i did secure that whether it would help and he said he couldn't answer.

SO in the space of a week, i've fast tracked everything i was going to organise when i came back -- secured a job for september, applied to 3 different courses that i need to take before i start my masters - and spoke to someone at my preferred course and they'v said they'll get back to me in 2 days to confirm whether i've been accepted or not, also got a letter from somewhere i'll be volunteering to say i'll be with them from september.

i was quite happy thinking i'd got everything done that i needed to do. BUT NOW i was reading up on forums and it seems that if you've been denied a Visa to the US then there is a high probability that if i apply for an ESTA (Visa Waiver Program visa that allows me to stay there for 3 months) instead it will be denied too???? I'm so worried ((

I was ready to reapply for the tourist visa, but now i think maybe i shouldn't do that....

MY QUESTIONS ARE

Is it almost certain my Esta will now be denied because the B2 tourist visa was denied? Or will it just maybe be denied?

When applying to my Esta can i explain how my circumstances have changed since i applied to the B2 tourist visa??

I was told a requirement for an Esta is a return ticket - but i dont want to get the ticket if i don't get the visa (

Is it well known that B2 Tourist visas were near impossible to get? Is it not easy? Has anyone had any luck with getting one?

Has anyone been for a 2nd interivew for a previously denied B2 Visa?? And been sucessful??

Has anyone applied to an Esta right after a B2 visa denial?

IF I DO go for another shot at the B2 visa and get denied again, is this known to definitely reuse me entry into the US for like 6 months or somethng????

Please get back to me ASAP. have to decide on what to do in 2-3 days have to be in the states in 3 weeks if i'm allowed to go

Xxxx
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Old Mar 26th 2011, 3:52 am   #2
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Default Re: Please Help :((( B2 Tourist Visa denied, can i still apply for an ESTA ???

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Originally Posted by mayinhay View Post
Please get back to me ASAP. have to decide on what to do in 2-3 days have to be in the states in 3 weeks if i'm allowed to g[
Apply for the ESTA. Remember to mark that you've been denied a visa at the appropriate question. Answer all other questions truthfully. If you're approved, great. If not, you should try again in another couple of years. No point in crying over spilt milk -- you knocked the glass over.
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Old Mar 26th 2011, 4:01 am   #3
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Default Re: Please Help :((( B2 Tourist Visa denied, can i still apply for an ESTA ???

i tried to make absoloutely sure i was bringing in the right documents by having spoken to them so much in advance, i'm very annoyed that they made it seem that i hardly needed to bring anything with me for this
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Old Mar 26th 2011, 4:07 am   #4
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Default Re: Please Help :((( B2 Tourist Visa denied, can i still apply for an ESTA ???

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Originally Posted by mayinhay View Post
i tried to make absoloutely sure i was bringing in the right documents by having spoken to them so much in advance, i'm very annoyed that they made it seem that i hardly needed to bring anything with me for this
You're chances of success were very low however many documents you produced. They speak with forked tongues.
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Old Mar 26th 2011, 4:19 am   #5
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Default Re: Please Help :((( B2 Tourist Visa denied, can i still apply for an ESTA ???

Before you get more worked up than you are, mayinhay, your outcome in asking for a 6 month B-2 visa was .... predictable. It may suck, but it was predictable.

Google "overstay risk" and you'll see that objectively speaking, you were enough of an overstay risk to deny the B-2. The more tied down you are to your home country, the less a risk you'll be (eg: job, rental lease, mortgage, children, grand-children in your home country)....
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Old Mar 26th 2011, 4:39 am   #6
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Default Re: Please Help :((( B2 Tourist Visa denied, can i still apply for an ESTA ???

i just looked up the requirements for an ESTA on the London American Embassy site and it says i'm not eligible for an Esta because i was already denied entry :'(

HAS anyone reapplied for a denied visa and then been accepted?

I can see now why i was denied, but if i'd had any idea beforehand i wouldn't have applied for a visa and just gone on the 3 months. i asked them 'what kind of proof do i need' and they basically 'nothing, u're fine' i didn't know to go as a tourist u had to have a children/husband, long term job, mortgage. etc.
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Old Mar 26th 2011, 4:53 am   #7
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Default Re: Please Help :((( B2 Tourist Visa denied, can i still apply for an ESTA ???

Quote:
Originally Posted by mayinhay View Post
i just looked up the requirements for an ESTA on the London American Embassy site and it says i'm not eligible for an Esta because i was already denied entry :'(

HAS anyone reapplied for a denied visa and then been accepted?

I can see now why i was denied, but if i'd had any idea beforehand i wouldn't have applied for a visa and just gone on the 3 months. i asked them 'what kind of proof do i need' and they basically 'nothing, u're fine' i didn't know to go as a tourist u had to have a children/husband, long term job, mortgage. etc.

You were denied a visa, not denied entry. Apply for the freakin ESTA and we'll go from there. If you don't understand any of the questions, ask here before you hit the submit key.
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Old Mar 26th 2011, 4:56 am   #8
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Default Re: Please Help :((( B2 Tourist Visa denied, can i still apply for an ESTA ???

i can't apply for the esta if i've been denied a visa

the US embassy website says this:

Previously Denied Entry to the United States

You are not eligible to travel on the Visa Waiver Program, and must possess a valid visa for entry into the United States. Applicants applying for visas in London are required to schedule an appointment with the Visa Coordination Officer to allow sufficient time for their case to be reviewed, as their application will be subject to greater scrutiny.

:'(
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Old Mar 26th 2011, 5:03 am   #9
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Default Re: Please Help :((( B2 Tourist Visa denied, can i still apply for an ESTA ???

Quote:
Originally Posted by mayinhay View Post
i can't apply for the esta if i've been denied a visa

the US embassy website says this:

Previously Denied Entry to the United States

You are not eligible to travel on the Visa Waiver Program, and must possess a valid visa for entry into the United States. Applicants applying for visas in London are required to schedule an appointment with the Visa Coordination Officer to allow sufficient time for their case to be reviewed, as their application will be subject to greater scrutiny.

:'(
You got into a mess by following the embassy's advice......and you're still following their advice! You can't be helped.
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Old Mar 26th 2011, 5:33 am   #10
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Default Re: Please Help :((( B2 Tourist Visa denied, can i still apply for an ESTA ???

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You got into a mess by following the embassy's advice......and you're still following their advice! You can't be helped.
Now now....

DENIED A VISA: you asked for a visa (piece of paper/stamp in your passport/whatever) and the US embassy/consulate did not give it to you.

DENIED ENTRY: you showed up at the border (by land) or in a US airport (by air) or ... and someone official said no, you can't come in, turn around and get out/go back/bugger off.

A visa is like an invitation to a party. You go to the party, and there are bouncers on the door. They look at your visa and at you and decide they aren't letting you in. You are denied entry, despite having a visa.
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Old Mar 26th 2011, 11:39 am   #11
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Default Re: Please Help :((( B2 Tourist Visa denied, can i still apply for an ESTA ???

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Originally Posted by mayinhay View Post
i can't apply for the esta if i've been denied a visa
Yes, you can. It may be denied, but you can apply.
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Old Mar 26th 2011, 2:45 pm   #12
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Default Re: Please Help :((( B2 Tourist Visa denied, can i still apply for an ESTA ???

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Originally Posted by mayinhay View Post
i can't apply for the esta if i've been denied a visa
Yes, you can - many thousands of people do it.


Quote:
the US embassy website says this:
The web site is NOT the law.


Quote:
Previously Denied Entry to the United States
You were NOT denied entry. There's a huge difference in being denied a visa and being denied entry.

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Old Mar 26th 2011, 4:40 pm   #13
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Default Re: Please Help :((( B2 Tourist Visa denied, can i still apply for an ESTA ???

hi guys,

thanks for all the information.

just spent the entire day on the phone to the embassy. they all give me different advice, it's very hard to know what to do.

i CAN apply for an ESTA, although one woman there told me to not even bother it because i probably won't get it because my tourist visa was denied and to just go straight for the 2nd attempt at the tourist visa now that my circumstances have changed. but i told her 'apparently it's really hard to get accepted after a denial no matter how much documentation i have' and she said yeah that's true.

so what do i do?? apply for the esta? apply for the visa again? if i apply for the esta and get denied will it make it even harder to get the tourist visa? and if i get denied to another tourist visa will it make it even harder to get the esta?
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Old Mar 26th 2011, 4:46 pm   #14
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Default Re: Please Help :((( B2 Tourist Visa denied, can i still apply for an ESTA ???

Quote:
Originally Posted by mayinhay View Post
just spent the entire day on the phone to the embassy. they all give me different advice, it's very hard to know what to do.
The embassy is NOT the place to go for visa advice. You should have a consultation with an immigration attorney if you need professional help with this. Or, you can just read people's stories on here and make your own decision. The embassy is NOT there to help you get a visa.

Quote:
so what do i do?? apply for the esta? apply for the visa again? if i apply for the esta and get denied will it make it even harder to get the tourist visa? and if i get denied to another tourist visa will it make it even harder to get the esta?
You have a few choices. You can try now for ESTA approval. If you get it, then go on vacation. If you don't, then I don't recomment trying for a B-2 again. If nothing in your scenario has changed, it's likely to be denied again. If the ESTA doesn't get approved, wait 6 - 12 months and then try ESTA again.

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Old Mar 26th 2011, 5:39 pm   #15
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Default Re: Please Help :((( B2 Tourist Visa denied, can i still apply for an ESTA ???

If it helps, I received the B2 visa in a second interview...two days after I was denied. In my case I couldn't use the VWP because what I wanted to do didn't allow for anything less than 120 days. In your case you will probably be denied again.
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