dear experts
can anyone tell me what my chances are of getting a visitors holiday visa after being refused entry at poe on last vaccation?
travelled on a waiver visa (am uk citizen) married a us citizen while there left before vwp ran out tried to go back to sort my divorce and was told as i didnt tell ins at poe on last trip i had intentions of marrying i had lied there fore refused entry. ins officer did say i could return after divorce was final ,and it now is ,this was 4 years ago and i have changed my name now also..
just interested if anyone has gone through the same thing or has any advice or knowledge on how difficult or easy obtaning a visa will be in this situation?
thanks

What was the date of your refusal? Visa waiver program refusals for certain grounds of inadmissibility don't count if they happened before a certain date. I think it was around October 1999, or October 2000. I'd have to check. You may still be able to use the visa waiver program. As for your chances of getting a visa, it all depends on your intentions, and the strength of your foreign ties.

refusal date was 2001 may 4
thats very interesting that refusals before a certain date dont count now?
why did that happen?
214b was stamped on my passport.
let me know if you remember the date of change.
its all really confusing to me ,at first i thought i would be banned from useing the vwp for every country , but thats not the case as ive found out ,i am planning a vaccation in canada soon and was wondering if i would have to fill in anything like a i94w for canada and have to declare my refusal to us to canada ?
do you know if i will be asked anything about this at canadian poe?
i have changed my name for business purposes and was wondering if this would be noticed by us at poe?
not sure what info they keep on record at poe?
thanks for your input ,any other info will be greatfull for .

It was October 30, 2000. That's when the Visa Waiver Pilot Program became permanent. Refusals before the permanent law don't count unless it was for fraud, criminal record etc. Being refused as an intended immigrant doesn't stick for a long period of time when it is ordered under the visa waiver. I'd still get a visa, because the guys at the border may not be familiar with that nuance of the law. They don't have to know it either, because the I-94W waives your right to judicial review. They could legally bounce someone for bad breath if they felt like it.

Also, you'd have to indicate the prior refusal on the back of the next I-94W even though it isn't an automatic bar. Using the different name and not indicating the refusal may earn you a fraud charge. They are fingerprinting visa waiver applicants now as well..

I'm surprised they wrote 214b when it should really be 217.

Canada won't care either way. I don't think they have a similar form. They wouldn't care about U.S. refusals unless it was for a criminal offense, or something that would make you inadmissible to their country too, like DUI, health related grounds, drug convictions, or other crimes.

thanks for reply!!
youve been a great help!!
i had my finger prints and an eye scan done when i got my refusal at phoenix, they got me on the next plane out after that said i would have to wait in a detention cell at airport otherwise ,so i guess i was arrested ? i was very distraught at time as i have never been in trouble with law or anything before and it was quite a horrendous ordeal, wasnt sure what was going on at the time ,i just told the truth ,looking back on it i was just a bit nieve.
does this mean i have a criminal record in us?
the law there seems to be very complicated ,and with like you said the ins at poe being able to refuse people entry on any basis they feel at time is ok ,it doesnt make matters any easier .
i think they should make some clearer laws that would prevent people they are going to refuse entry at poe from getting on the plane and having to go through the 22 hour journey there and back just to be denied entry on a whim.
with dvt being a big problem on economy class flights .
re the waiver visa ,will i ever be able to usa it in the future? do they write off waiver bans after so many years?
i have tried to find information on the waiver visa laws online but havnt had much sucess.
thanks again

"chazzy4" <member33889@british_expats.com> wrote in message
news:[email protected] m...
    >> It was October 30, 2000. That's when the Visa Waiver Pilot Program
    >> became permanent. Refusals before the permanent law don't count
    >> unless it was for fraud, criminal record etc. Being refused as an
    >> intended immigrant doesn't stick for a long period of time when it is
    >> ordered under the visa waiver. I'd still get a visa, because the guys
    >> at the border may not be familiar with that nuance of the law. They
    >> don't have to know it either, because the I-94W waives your right to
    >> judicial review. They could legally bounce someone for bad breath if
    >> they felt like it.
    >> Also, you'd have to indicate the prior refusal on the back of the next
    >> I-94W even though it isn't an automatic bar. Using the different name
    >> and not indicating the refusal may earn you a fraud charge. They are
    >> fingerprinting visa waiver applicants now as well..
    >> I'm surprised they wrote 214b when it should really be 217.
    >> Canada won't care either way. I don't think they have a similar form.
    >> They wouldn't care about U.S. refusals unless it was for a criminal
    >> offense, or something that would make you inadmissible to their
    >> country too, like DUI, health related grounds, drug convictions, or
    >> other crimes.
    > thanks for reply!!
    > youve been a great help!!
    > i had my finger prints and an eye scan done when i got my refusal at
    > phoenix, they got me on the next plane out after that said i would have
    > to wait in a detention cell at airport otherwise ,so i guess i was
    > arrested ? i was very distraught at time as i have never been in trouble
    > with law or anything before and it was quite a horrendous ordeal, wasnt
    > sure what was going on at the time ,i just told the truth ,looking back
    > on it i was just a bit nieve.
    > does this mean i have a criminal record in us?
    > the law there seems to be very complicated ,and with like you said the
    > ins at poe being able to refuse people entry on any basis they feel at
    > time is ok ,it doesnt make matters any easier .
    > i think they should make some clearer laws that would prevent people
    > they are going to refuse entry at poe from getting on the plane and
    > having to go through the 22 hour journey there and back just to be
    > denied entry on a whim.
    > with dvt being a big problem on economy class flights .
    > re the waiver visa ,will i ever be able to usa it in the future? do they
    > write off waiver bans after so many years?
    > i have tried to find information on the waiver visa laws online but
    > havnt had much sucess.
    > thanks again
    > --

You have not been looking good enough!
VWP is not that difficult to understand. Only people who do not take it
seriously or refuse to abide by it are more likely to get in touble!

Go to these sites for more education about it.

http://travel.state.gov/visa/temp/wi...hout_1255.html

http://www.legalconsumerguide.com/le...r_program.html

http://www.shusterman.com/hr3767.html

You may have a record that you were arrested for violating administrative immigration laws, but what happened is not considered a criminal offense. Visas give a few more rights than the visa waiver because the visa waiver signs away certain rights. Having a visa gives them a little better feeling that the consulate has checked you out a bit. It has to be better than showing up with nothing.

They don't write off waiver bans after a certain time. If you've been refused entry under the visa waiver program after 10/20/2000 then you can't use the program again and need a visa.

DVT is a risk, but I'd rather risk a blood clot in my leg then spend a night in an immigration jail along with the "huddled masses" and "wretched refuse".

i can use the vwp programe to vaccation in other countries though cant i ? just checking as have been told different things by different people.
and yes you are right a night in an ins jail isnt a nice thought !!
does the vwp originate from usa then?
thanks for replies

The visa waiver program is specific to the US. Refusals by other countries are not a basis for refusing admission to the U.S. so I HIGHLY doubt that a refusal by the U.S. would mean anything to other countries.

I know some countries ask if you've been refused admission to other countries, but I don't know anything about foreign immigration laws other than a little about Canada. Canada doesn't care if the U.S. refused someone unless it was for criminal grounds or similar.

do you know if there is anyway that other countries would know or not if i was refused entry?
if i was asked at poe in mexico or canada for example and i said no i havnt been refused anywhere ,is there any way they could tell?
it seems to me that if i admit it anywhere its just asking for problems with all the paranoia that seems to be about ,and i really couldnt stand the thought of another interrogation and wrecked vaccation.
passports dont seem to carry any information on them other than the basics and the only place i think will show is on the us poe computers, unless im totally wrong ?
what do you advise?
i dont wish to break any laws as i never have before ,but it seems to me that honesty somtimes gets you into alot of trouble ,for example the people with dual citizenship and two passports arnt told not to show both passports at poe but if they did there would be alot of questions asked and it would confuse the ins at poe in usa ,my friend did this and got alot of hassle from it.
but you get my drift here dont you.
thanks again

I don't know how much information is shared between governments. I also doubt they'd care unless it was for a crime.

thanks youve been great