meauxna

Some people do perceive a reality-based attitude as some sort of denial, or rah rah for the US gov't.

I see it as a set of rules/procedures that have to be decoded and worked with. You can't put a square peg in a round hole, but too many square pegs really really really want the round hole to fit them. When it doesn't, they blame the hole, not the situation.

When the Service makes an error or applies a rule unfairly, people do have a right to criticize and complain. When people don't operate inside the parameters of the policies, I don't think the policy is at fault. The person picked the wrong route, didn't follow the rules etc.
There are people who get *truly* screwed over by the system. But this OP went in unprepared, and when planning a move for a year, that just doesn't seem sensible to me.

You applied for a B visa for a 90 day stay when you already had the VWP available to you; that is a sort of red flag in itself. If you'd like to start a thread about your specific situation, maybe people can help you figure out what went wrong for your interview so that you can fix it, and regain your travel permission.


A reasonable discussion about immigration policy is always welcome (n its own thread). What often happens though, is the people ranting about the system are victims of their own circumstance & choices. I'm not saying you are or are not, but that may explain some of the responses you saw.

meauxna

Thread has been split; conversation continued here: http://britishexpats.com/forum/showthread.php?t=640405

nettlebed

Really - I love $COUNTRY, but this bureaucracy could use an overhaul.

There, fixed that for you.

per 170

The result from my ESTA just came back, and as it turned out my application was approved! It seems like you guys at the forum were right and that the letter from the embassy was wrong. I find it unbelievable that they routinely present people with wrong written information of on a matter as important as this.

Anyway, I´m going to make another application this week, this time for a period of 4 months following a (hopefully) 6-month stay in Canada.

Thanks for all the great advice! I really appreciate you guys taking your time to help me out!

/Per

Lissbovavd

Hello Per,

From one Swede to another:
Unfortunately, I doubt that a formal ESTA application approval shall prove enough to secure you entry to the US at the port of entry.

Your visa denial, in fact, makes you ineligible for travelling on the VWP and the visa denial must also be declared on the green 94-W form which must be handed over to the immigration agent at the POE.

In my opinion, you are most likely risking an "interview" for a secondary screening at Immigration and very clearly run the risk of being sent back on the first available flight.

I have consulted a US immigration attorney as my case is somewhat similar to yours, and was informed that I must either get some kind of visa or marry a US citizen in order to legally enter the US, having once been denied a visa for whatever reason.
Luckily, in my case I happen to have a US girlfriend whom I hope to marry in due course....

Good Luck!

crg

Congratulations. Be sure to bring the ESTA approval printout indicating that you answered the question truthfully. Answer them the same on the I-94W and be prepared to show proof of your plans, funds, employment, and ties to your home country. Enjoy your trip.

per 170

I see your point and if you are right it´s bad news. I´m still puzzled as to why the embassy gives people incorrect information about the possiblities of travelling on the VWP. Do you think I may be allowed a short stay in the US? On the ESTA-application I did not have to declare the length of your stay. Is it possible for the immigration officer at POE to limit my stay to a couple of weeks rather than the usual three months, or will I be forced to return immediately if my return ticket is three months later?

ian-mstm

I think your premise is flawed on 3 counts. 1) the assumption that the Embassy people are there to help you - they aren't; 2) the assumption that the Embassy people know how to correctly apply the myriad confusing laws to your specific situation - they don't; and 3) the assumption that the Embassy has anything whatsoever to do with visas - they don't. Visas are the responsibility of the Department of State... so the Embassy can say whatever they want... it isn't their sandbox.


How long is a piece of string?


Where the VWP is concerned, you'll get 90 days or nothing. With other visas, the officer can limit your stay to 1 day if he wants.

Ian

per 170

So I guess I´ll have to carefully consider whether to gamble by getting a three month returnticket, or play it safe and get a returnticket for a shorter period of time (I assume they will base their "90 days or nothing"-decision on, among other things, my intended length of stay)?

Noorah101

They will probably ask at the POE how long you intend to stay. You can have a return ticket for 2 weeks later, and you can say 2 weeks verbally, but then you can change your mind once inside the USA, and stay the whole 90 days. It's recommended to stay less than 90 days, though...like maybe 88 days, just in case you have something come up that delays your departure, you won't be overstaying.

Rene

crg

Keep in mind that changing your tickets after entry can hurt your credibility for future visits. They will no longer have confidence that you are a truthful person and that the dates on your tickets mean anything.

heantune

I hate the phrase - "How long is a piece of string?". It's the length from one end to the other.

Also the Embassy's are run by the Department of State so some knowledge of visas is to be expected there I think.

H

crg

The Department of State doesn't administer the VWP.

Folinskyinla

Hi:

First -- every one asks "how long" and seem to be annoyed if I say, the time between the filing and decision. However "dice have no memory."

Second, you should have put a "smiley" next to second paragraph to show that were not serious.

ian-mstm

How far did the dog run into the forest?

Ian