cm3401

Hello,

I was on a J1 visa for a year living and working in California then once it was over I decided I wanted to return and finish my degree in the States. I had my interview and was denied under section 214b, I interpreted this as being denied because I didn't show sufficient ties to my home country. A week later I re-applied armed with a file of evidence such as, car registration, car insurance policy, bank statements and medical file of disabled sister that will eventually require my care.

The second interview started with him saying that the reason I was denied the first time was because although my sponsor (a long time family friend) was willing and able to pay for my education, since I was not related to them they assumed they had no reason to support me and might not. I was then asked to show evidence of another sponsor that I am related to but no one in my family has the $30,000US of liquid cash they were asking to see. I did my best to fight my case but was denied under section 214b again.

I have given up on my dream to study in the US and now just want to go on a tourist on the Visa Waiver Program as I didn't have the funds/time to do so on the J1 visa. Will I be able to get this visa? My F1 was denied about a month ago, what options will I have if the ESTA/VWP is denied?

Thank you!

Pulaski

With a recent visa denial, IMHO a denial of an ESTA is almost guaranteed, and will be for 6-12 months.

Under the circumstances (very recent visa denial), a B-2 visa application will be even less likely to succeed than an ESTA application, given that B-2's are routinely denied for anyone who is ESTA/VWP eligible.

Your solution? Wait, at least six months before applying for an ESTA, and waiting 12 months would, IMO, significantly increase your chances of success.

Noorah101

You can certainly apply for ESTA. You must declare the visa denial. If it comes back approved, you can travel. If denied, you're only out the application fee. In that case, wait 6 to 12 months and try again.

Rene

BenK91

As above, you'll be best waiting but you'll only know if it'll be denied by applying.

scrubbedexpat099

Let us know how it goes, I assume a denial but have seen a few who were not.

cm3401

Thanks everyone, Would it be safe to assume that if my ESTA is approved and I travel that I will be let in once I get to America? If I tell them my story is that good enough to convince them that i'm not going to stay there? Or would it be too risky to travel with two denials incase they send me back?

Noorah101

If ESTA is approved, you get the right to seek entry to the USA, same as everyone else who has ESTA approval.

At the POE, it will be up to the POE agent to allow you to enter or not, just like everyone else. No visitor is ever guaranteed entry.

I would NOT go into any details at the POE. Answer only the questions asked. Don't volunteer further information. Always be honest, but give the briefest answer possible.

Rene

BenK91

Rene beat me to it but as she said...

Don’t tell them more than they need to know. Answer their questions honestly. I know it’s easy to have verbal diarrhea when nervous and to give up more than you need to though.

You may find they just ask you the purpose of your visit, when your return flight is and trivial things like that. Or they may ask other questions, no way of knowing until you arrive. If you can travel that is!

cm3401

Yes, absolutely I won't be giving away any information they don't ask for!
So if my ESTA is denied would you recommend I try get a b1/b2? Or not even waste the time/money because it will likely be denied?

mikelincs

Don't waste your money, your application for a B visa will almost certainly be denied, and you will seem, to the powers that be, to be desperate to go to the US and that may cause even more red flags, if you get denied then do what has already been suggested and wait for about a year before trying again.

Pulaski

See post #2, above.

tom169

If your ESTA is denied you will just lose the few dollars it costs to apply. Go for it.

gtd2000

One of the problems of demonstrating sufficient ties to the UK is whether or not the consular officer will even look at anything you bring to support evidence of strong ties.

I have a 214b refusal and the last time I went to the Embassy (in Johannesburg, March 2017) they simply didn't want to look at anything that was available. (I have very strong ties to the UK, 4 x properties, a son, 4 x motorcycles, 2 x cars, a disabled brother yadda, yadda, yadda. Oh and a good buddy that works for DHS but I digress )

From my experience, a visit to the US Consulate or Embassy generally goes extremely smoothly, until, you get a blot in your copybook, then it's loaded against you, no matter what proof or evidence you have to support your case.

scrubbedexpat099

With all those ties to the UK how come you went to the Consulate in South Africa?

S Folinsky

Yep, this what is called a "TCN" (third country national). Those are frowned upon. They are permissible, but frowned upon.

But, the poster made a valid point. A law school classmate who served as as a ConOff informed me that quite often the officers pretty much makes the decision by observing the applicant as they walk to the window. Also, when it comes to a B-2, those decisions are quite summary in nature.