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19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

Old Dec 19th 2010, 5:25 pm
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Default 19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

Hi,

I was recently refused entry to the USA under the VWP when I was planning to travel there for 3 months and live with really close friends and travel the east coast.

I applied for a B2 visa at the US embassy before hand because I initially wanted to travel for about 5 months, however I was denied the visa because I came really unprepared for the interview and brought no proof of anything with me, which was obviously my fault.

I then decided to go out just for the 90 days under the VWP and didn't think I would have a problem. However, when I arrived in Philidelphia with my friends waiting outside for me, I was asked to go through for more questioning. After 7 hours of sitting in a room and being questioned, they decided to send me home, thinking that I was going to be looking for work while out there because I had no ties bringing me back until the next September when university started for me.

It was the most terrifying 24 hours of my life where I felt like a criminal. I'm not sure whether the amount of times I have been on holiday to the US went against me, because I have been 8 times and twice with a J1 visa for Camp America.

I know now that I can't travel under the VWP again, but I would just like to know where I stand now. the USA is one of my favourite countries, and I feel now that it's going to be impossible for me to ever go back.

For example say next year I want to go on holiday for 2 weeks with my friends to Florida, how do I go about it? Do I have to apply for a visa from the embassy every time I want to go on holiday? And how do I know that they are going to give it to me?

I feel trapped and that my whole life has just been ruined. I'm just an innocent 19 year old girl who was looking to do some travelling before my university course had started? Is this going to affect me for the rest of my life?

If anyone knows anything that can help me, It would be much appreciated.

Thanks
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Old Dec 19th 2010, 5:36 pm
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Default Re: 19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

Originally Posted by shaunaaa
I was planning to travel there for 3 months and live with really close friends and travel the east coast.
I hope you didn't say "live" to the officer. You'd be a visitor... nothing more.


I applied for a B2 visa at the US embassy before hand because I initially wanted to travel for about 5 months, however I was denied the visa because I came really unprepared for the interview and brought no proof of anything with me, which was obviously my fault.
Even so, you're unlikely to get a B-2 visitor visa if you are eligible to use the VWP. Generally, all the proof in the world wouldn't have made a difference if you are eligible to use the VWP.


It was the most terrifying 24 hours of my life where I felt like a criminal.
That is the premise upon which they detained you. Their job is to keep you out of the US unless you demonstrate why you should be allowed in.


I know now that I can't travel under the VWP again...
That is not a certainty!


I would just like to know where I stand now.
That depends on the manner in which your entry was denied. What did they write in your passport, or on a letter you received... or anything else that would give a clue to what happened.


I feel now that it's going to be impossible for me to ever go back.
It may be more difficult, but you shouldn't cross it off the list.


Do I have to apply for a visa from the embassy every time I want to go on holiday?
Again, this depends on what paperwork you received or what was written in your passport.


And how do I know that they are going to give it to me?
If you apply for a visa, you will have no way of knowing, in advance, whether or not it will be approved. Even if approved, you can still be refused entry at the border. Only a US citizen has the right of entry to the US.


I feel trapped and that my whole life has just been ruined.
It hasn't been ruined!


Is this going to affect me for the rest of my life?
Could it? Yes. Will it? Probably not.

Ian

Last edited by ian-mstm; Dec 19th 2010 at 5:39 pm.
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Old Dec 19th 2010, 5:44 pm
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Default Re: 19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

Thanks for your quick reply!

They wrote in my passport: Visa Waivel Refusal 7A1 (then a really long number) Philadelphia

I also have a I189 i think it is, which is a copy of the statement they took when I was questioned

Does this help?
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Old Dec 19th 2010, 5:48 pm
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Default Re: 19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

Visitor visas are usually valid for 10 years, so you wouldn't have to apply for a new one for each trip. However, at the moment I think it's unlikely that you will be granted one soon. It might be better for you to apply again later next year, showing evidence of your ties to the UK.
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Old Dec 19th 2010, 5:50 pm
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Default Re: 19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

Originally Posted by shaunaaa
I applied for a B2 visa at the US embassy before hand because I initially wanted to travel for about 5 months, however I was denied the visa because I came really unprepared for the interview and brought no proof of anything with me, which was obviously my fault.
I don't think being more prepared would have made any difference. B2 visas are typically not granted to people eligible to travel on the VWP, unless they are of retirement age.

Did you reapply for ESTA before you traveled and declare the visa denial?

Originally Posted by shaunaaa
I know now that I can't travel under the VWP again,
That may not necessarily be the case. I'm not up on the specifics, but someone else will chime in on this. It comes down to the specifics of what happened at the POE.

Originally Posted by shaunaaa
For example say next year I want to go on holiday for 2 weeks with my friends to Florida, how do I go about it? Do I have to apply for a visa from the embassy every time I want to go on holiday?
Anyone not eligible to travel on the VWP will need a visa. If you are going to just visit, you will need a B2. You will not need to apply for a visa for each trip. The B2 visa is a multiple entry visa, so you can make multiple entries until the visa expire. B2's are typically issued for 10 years, but if they decide to issue you one, it may be for a shorter duration.

Originally Posted by shaunaaa
And how do I know that they are going to give it to me?
You don't. Nobody is entitled to a visa. But you won't get one unless you apply.

Originally Posted by shaunaaa
I feel trapped and that my whole life has just been ruined. I'm just an innocent 19 year old girl who was looking to do some traveling before my university course had started? Is this going to affect me for the rest of my life?
Your life is not ruined. There are many other places to visit if you are unable to secure a B2 visa or are indeed ineligible for the VWP.

I suspect the real reason why you feel your life is ruined, is because you have a significant other in the US and can't figure out how you are going to spend time with that person now. Am I right?
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Old Dec 19th 2010, 5:52 pm
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Default Re: 19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

Originally Posted by shaunaaa
Visa Waivel Refusal 7A1
Well, 7A1 usually means "immigrant without an immigrant visa" - so they thought you were trying to live in the US but didn't have the proper paperwork.


... then a really long number...
The numbers are important, so if you could post them, it might help.

Ian
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Old Dec 19th 2010, 6:12 pm
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Default Re: 19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

Thanks Marocco, I have working in a summer camp in the US for the past 2 years and am definitely looking to return there this summer from June to August on a J1 visa, which I have had twice before, is it likely that they will grant me this visa for camp? I don't know what I would do if they don't let me back to camp.

Discoviking: yes I did declare the refusal on the ESTA and they still granted me the ESTA so i thought everything would be fine.

Okay so say next year I want to go on a 2 week holiday to the US? I apply for a B2 visa and if they grant me it, it will be for a good few years?

I have no significant other in the US. From being at a summer camp for 2 years, I have some of my best friends in America now and was just hoping to live with my best friend and her family for a few months while on my gap year. I would hate for the rest of my life to be ruined because of a mistake i made at 19
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Old Dec 19th 2010, 6:13 pm
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Default Re: 19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

Did you disclose the visa denial when you completed the ESTA?

Last edited by crg; Dec 19th 2010 at 6:45 pm.
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Old Dec 19th 2010, 6:15 pm
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Default Re: 19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

Originally Posted by crg
Did you disclose the visa denial when you completed the ESTA?
yes I did, when I was denied the B2 visa, I applied for the ESTA again and put that I had been denied. I logged on to my ESTA application 5mins later and the ESTA had been approved.
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Old Dec 19th 2010, 6:22 pm
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Default Re: 19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

Originally Posted by shaunaaa
the number in the passport is A#**********
That looks like an Alien Registration number, which is a unique identifier assigned to you. You do not want to post this number publicly. If you can still edit your post I suggest you blank it out, or ask a moderator to do it for you.

You will need this number on any future US immigration forms asking for an Alien Registration number.
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Old Dec 19th 2010, 6:24 pm
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Default Re: 19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

Thanks for that, was deleted immediately for me, someone asked me to post it :S

shows how much I know, thanks
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Old Dec 19th 2010, 6:30 pm
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Default Re: 19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

Originally Posted by shaunaaa
Thanks for that, was deleted immediately for me, someone asked me to post it :S

shows how much I know, thanks
I know, Ian was looking for a different code, something like 212(6)(ii). I made particular number up, but that would be the format. It refers to the section of immigration code used when you were sent home. It would be in your passport or on another piece of paper given to you.
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Old Dec 19th 2010, 6:33 pm
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Default Re: 19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

Originally Posted by discoviking
I know, Ian was looking for a different code, something like 212(6)(ii). I made particular number up, but that would be the format. It refers to the section of immigration code used when you were sent home.
oh okay. the only thing it says is 7A1 and then my number, nothing else.

I am not leaving anything out, all I wanted to do is what a lot of other people do on gap years and travel the US for a few months. With my friends fmily saying I could stay with them while I was travelling the East Coast, it sounded like the right time and place to do it.

I will be at university from Sept 2011 until 2014, I was never looking to work there or live there.
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Old Dec 19th 2010, 6:40 pm
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Default Re: 19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

Originally Posted by shaunaaa
I will be at university from Sept 2011 until 2014, I was never looking to work there or live there.
Try for the Bunac programs under a J.
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Old Dec 19th 2010, 6:40 pm
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Default Re: 19 Year Old on Gap year REFUSED ENTRY to USA on VWP, what's next? HELP!

Originally Posted by shaunaaa
I am not leaving anything out, all I wanted to do is what a lot of other people do on gap years and travel the US for a few months. With my friends fmily saying I could stay with them while I was travelling the East Coast, it sounded like the right time and place to do it.
You don't have to convince us, we don't make the decision on whether or not to let you in. Bottom line, the CBP agents in Philadelphia did not believe your story, and they have the final word. Go through Newark or JFK next time.

Last edited by discoviking; Dec 19th 2010 at 6:43 pm.
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