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Old Oct 3rd 2017, 9:54 pm   #1
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Default Is there a way to avoid secondary?

Hi all,

I've posted here before but had to reregister - long story short.

- 2006 convicted of driving with excess alcohol (UK)
- 2008 applied for B1 visa and was rejected (medical grounds, unspecified despite googling, and contacting embassy direct - told 'in relation to conviction')
-2015 tried ETSA - declined
- 2016 applied and successfully granted B1/2 visa valid for 10 years
- 2016-17, 3 visits to US, all referred to secondary.
1st visit - no dialogue from immigration, just handed stamped passport (6 months)
2nd visit - nice immigration man, thought the referral to secondary would 'knock off record' after a few trips (6 months)
3rd visit - interview with stern officer asking how much jail time I'd had (none) and that I'd be in secondary for life as I'd had a previous rejected visa. He said they needed to make sure the embassy followed procedures (6 months)

I understand a visa is not a guaranteed entry to the US. Is there no way to appeal the constant secondary inspection?

Thank you in advance
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Old Oct 3rd 2017, 10:04 pm   #2
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Default Re: Is there a way to avoid secondary?

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Originally Posted by Verity12 View Post
Hi all,

I understand a visa is not a guaranteed entry to the US. Is there no way to appeal the constant secondary inspection?

Thank you in advance
No, there is no appeal process. Look, you wanted to come to the US. You fought for a visa to travel here. You got the visa. A visit to secondary is in the cards for you for the foreseeable future. No one, other than a US Citizen, is guaranteed entry to the US. Grin and bear it. You got two nice people out of three. You got lucky.
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Old Oct 3rd 2017, 10:13 pm   #3
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Default Re: Is there a way to avoid secondary?

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Originally Posted by Rete View Post
No, there is no appeal process. Look, you wanted to come to the US. You fought for a visa to travel here. You got the visa. A visit to secondary is in the cards for you for the foreseeable future. No one, other than a US Citizen, is guaranteed entry to the US. Grin and bear it. You got two nice people out of three. You got lucky.
Thanks Rete for the reply. I wanted to check incase there was something I could do that I hadn't thought of. It's more an issue for the time it takes when family are travelling with me - well aware it's my fault they have to wait
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Old Oct 3rd 2017, 10:56 pm   #4
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Default Re: Is there a way to avoid secondary?

I've got to think though, I've been through criminal screening, Medicals and interviews. The people let through visa vaiver 🙈
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Old Oct 4th 2017, 12:53 am   #5
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Default Re: Is there a way to avoid secondary?

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Originally Posted by Verity12 View Post
I've got to think though, I've been through criminal screening, Medicals and interviews. The people let through visa vaiver 🙈
And your point is? The people they let through on the VWP (and I was one of them before I moved) have answered truthfully that they don't have any convictions, don't have any medical concerns, etc. Why wouldn't they be let in? Even on the VWP you can find yourself in secondary or questioned intensively. You don't have to come here. They don't have to let you in. That applies to all non-citizens.
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Old Oct 4th 2017, 6:26 am   #6
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Default Re: Is there a way to avoid secondary?

Thank you for your time.

It was just a question as to whether there was anything I could do. I understand loud and clear that there is not. I really don't think the borderline aggressive responses were necessary but thanks anyway.
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Old Oct 4th 2017, 8:54 am   #7
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Default Re: Is there a way to avoid secondary?

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Originally Posted by Twinkle0927 View Post
And your point is? The people they let through on the VWP (and I was one of them before I moved) have answered truthfully that they don't have any convictions, don't have any medical concerns, etc. Why wouldn't they be let in? Even on the VWP you can find yourself in secondary or questioned intensively. You don't have to come here. They don't have to let you in. That applies to all non-citizens.
Some of the people on the VWP will have answered truthfully. In fact the majority will have done, but there will also be a sizable minority who haven't - either because they don't know any better or are deliberately concealing past issues of one form or another.
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Old Oct 4th 2017, 9:01 am   #8
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Default Re: Is there a way to avoid secondary?

Quote:
Originally Posted by Verity12 View Post
Hi all,

I've posted here before but had to reregister - long story short.

- 2006 convicted of driving with excess alcohol (UK)
- 2008 applied for B1 visa and was rejected (medical grounds, unspecified despite googling, and contacting embassy direct - told 'in relation to conviction')
-2015 tried ETSA - declined
- 2016 applied and successfully granted B1/2 visa valid for 10 years
- 2016-17, 3 visits to US, all referred to secondary.
1st visit - no dialogue from immigration, just handed stamped passport (6 months)
2nd visit - nice immigration man, thought the referral to secondary would 'knock off record' after a few trips (6 months)
3rd visit - interview with stern officer asking how much jail time I'd had (none) and that I'd be in secondary for life as I'd had a previous rejected visa. He said they needed to make sure the embassy followed procedures (6 months)

I understand a visa is not a guaranteed entry to the US. Is there no way to appeal the constant secondary inspection?

Thank you in advance
Why did you apply for a visa originally? There's nothing in your record that suggests you needed one. By making an unnecessary visa application you have probably unwittingly made things more difficult for yourself.

As it stands, you are likely to face secondary processing every time you attempt to enter the USA on your current visa. My advice would be that once the visa expires, you should try another ESTA application and see what happens.
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Old Oct 4th 2017, 10:47 am   #9
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Default Re: Is there a way to avoid secondary?

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Originally Posted by Verity12 View Post
Thank you for your time.

It was just a question as to whether there was anything I could do. I understand loud and clear that there is not. I really don't think the borderline aggressive responses were necessary but thanks anyway.
The reason you are getting stern responses is because of the position you're approaching this from. The way you write your story comes across as an opinion of entitlement to visit the US. The reality is that being able to obtain a visa is relatively lucky and also a privilege.

As has been mentioned, it sounds like you shouldn't have applied for a B1/2 in the first place, and that's really the issue. The answers the consulate (not embassy) gave you are pretty irrelevant as they can and do behave with impunity, but in theory you should have been able to get through on the VWP so that's likely why you were denied.

The subsequent visa denial is what is causing you problems now and will do for at least the rest of this visa.

There is such a thing as the Traveller Redress Inquiry Program, but I highly doubt they would conclude you're a candidate for a redress number given their information on you (visa denial) will be accurate. https://www.dhs.gov/dhs-trip
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Old Oct 4th 2017, 11:19 am   #10
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Default Re: Is there a way to avoid secondary?

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Originally Posted by shiversaint View Post
The reason you are getting stern responses is because of the position you're approaching this from. The way you write your story comes across as an opinion of entitlement to visit the US. The reality is that being able to obtain a visa is relatively lucky and also a privilege.

As has been mentioned, it sounds like you shouldn't have applied for a B1/2 in the first place, and that's really the issue. The answers the consulate (not embassy) gave you are pretty irrelevant as they can and do behave with impunity, but in theory you should have been able to get through on the VWP so that's likely why you were denied.

The subsequent visa denial is what is causing you problems now and will do for at least the rest of this visa.

There is such a thing as the Traveller Redress Inquiry Program, but I highly doubt they would conclude you're a candidate for a redress number given their information on you (visa denial) will be accurate. https://www.dhs.gov/dhs-trip
Nothing in the OP gave me the impression that Verity12 had a sense of entitlement. A simple question was asked - "Is there no way to appeal the constant secondary inspection?" - and they also took the time to say that they understand a visa doesn't guarantee as well as thanking people here for their help in advance. Frankly, the replies given have been far more curt and rude than the OP was.
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Old Oct 4th 2017, 12:31 pm   #11
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Default Re: Is there a way to avoid secondary?

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Originally Posted by materialcontroller View Post
Nothing in the OP gave me the impression that Verity12 had a sense of entitlement. A simple question was asked - "Is there no way to appeal the constant secondary inspection?" - and they also took the time to say that they understand a visa doesn't guarantee as well as thanking people here for their help in advance. Frankly, the replies given have been far more curt and rude than the OP was.
I agree. It's just not needed. OP was up front about everything in the first post.

Hell, if I was in OP's position I would have probably worded everything the same way.
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Old Oct 4th 2017, 1:45 pm   #12
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Default Re: Is there a way to avoid secondary?

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Originally Posted by Rete View Post
No, there is no appeal process.
Isn't this one?

https://www.dhs.gov/dhs-trip
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Old Oct 4th 2017, 2:09 pm   #13
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Default Re: Is there a way to avoid secondary?

I do wonder if some people on this board portray themselves the same way in life.

Good post above by Ned
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Old Oct 4th 2017, 3:17 pm   #14
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Default Re: Is there a way to avoid secondary?

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Originally Posted by materialcontroller View Post
Nothing in the OP gave me the impression that Verity12 had a sense of entitlement. A simple question was asked - "Is there no way to appeal the constant secondary inspection?" - and they also took the time to say that they understand a visa doesn't guarantee as well as thanking people here for their help in advance. Frankly, the replies given have been far more curt and rude than the OP was.

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