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B1 rejected, can I still travel using the visa waiver scheme?

B1 rejected, can I still travel using the visa waiver scheme?

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Old Mar 17th 2011, 8:41 pm
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Default B1 rejected, can I still travel using the visa waiver scheme?

My partner, daughter and me applied at the US Embassy in London today for our B1/B2 visa and it was rejected.

What should be our next step as we really want a 3 year visa?

Are we able to come over to the USA on a tourist visa later this month (for a 2-3 month period) or are we going to have issues getting entry (on a visa waiver scheme) as we have just been declined a b1 visa?

Can we apply for a 3 year working visa from the UK or can we only apply from within the States? (We have an employer who wants to hire my partner full time)

Can we base ourselves in Mexico for the short term and fly over for meetings and events on a regular basis?

Regards

Wesley
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Old Mar 17th 2011, 8:44 pm
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Default Re: B1 rejected, can I still travel using the visa waiver scheme?

Can you give some background about why you applied for a B1/2 visa in the first place if you are eligible to use the VWP?

You cannot apply for any sort of US visa from within the US.
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Old Mar 17th 2011, 8:54 pm
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Default Re: B1 rejected, can I still travel using the visa waiver scheme?

Originally Posted by wesley72
What should be our next step as we really want a 3 year visa?
Since there isn't a "3 year visa" that I know of, I'm not sure what you next step would be.


Are we able to come over to the USA on a tourist visa later this month (for a 2-3 month period)...
You've been denied a B-1/2 tourist visa. If you mean the Visa Waiver Program (= 90 days), there is no visa involved. When you complete ESTA, you must declare the prior B-1/2 denial.


Can we apply for a 3 year working visa from the UK or can we only apply from within the States?
You can't apply for a US visa from inside the US.


Can we base ourselves in Mexico for the short term and fly over for meetings and events on a regular basis?
Possibly... if you have permission to be in Mexico - but you're still going to need to overcome the visa denials.

Ian

Last edited by ian-mstm; Mar 17th 2011 at 8:58 pm.
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Old Mar 17th 2011, 8:57 pm
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Default Re: B1 rejected, can I still travel using the visa waiver scheme?

We were instructed by an immigration lawyer to apply for a B1 and then see her when we arrive to apply for the 3 year visa.

We told the embassy that my partner was speaking at social media conferences (non-paying) and we had business meetings over the next four months.

We have been travelling the world for the past 9 months.

Regards

Wesley
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Old Mar 17th 2011, 8:59 pm
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Default Re: B1 rejected, can I still travel using the visa waiver scheme?

Originally Posted by wesley72
We were instructed by an immigration lawyer to apply for a B1 and then see her when we arrive to apply for the 3 year visa.
Was this a real immigration attorney... or some sort of visa service? A immigration attorney should have known better. A visa is an entry document... you simply can't get one from inside the US.

Ian

Last edited by ian-mstm; Mar 17th 2011 at 9:03 pm.
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Old Mar 17th 2011, 9:03 pm
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Default Re: B1 rejected, can I still travel using the visa waiver scheme?

Originally Posted by wesley72
We were instructed by an immigration lawyer to apply for a B1 and then see her when we arrive to apply for the 3 year visa.
Did this so called lawyer give a name to this so called 3 year visa?
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Old Mar 17th 2011, 9:08 pm
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Default Re: B1 rejected, can I still travel using the visa waiver scheme?

Originally Posted by sir_eccles
Did this so called lawyer give a name to this so called 3 year visa?
BS visa, perhaps?
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Old Mar 17th 2011, 9:09 pm
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Default Re: B1 rejected, can I still travel using the visa waiver scheme?

She was recommended by a friend who now has green card and being living there for the past 3 years.

She did mention that I would need to fly back to the UK for the interview, however I got the impression that she would start the process while in the US.

She did not give me a name for the 3 year working visa.

Question: As my partner and myself have already got a ESTA already (which I believe last 2 years and for multiple entries), do we need to reapply for a new ESTA now that we have been declined a B1 or do we just email them an update for the current ESTA?
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Old Mar 17th 2011, 9:12 pm
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Default Re: B1 rejected, can I still travel using the visa waiver scheme?

Originally Posted by wesley72
She was recommended by a friend who now has green card and being living there for the past 3 years.
With respect, I suggest you get a new friend.


She did not give me a name for the 3 year working visa.
There is no 3 year working visa. It doesn't exist.


Question: As my partner and myself have already got a ESTA already (which I believe last 2 years and for multiple entries), do we need to reapply for a new ESTA now that we have been declined a B1 or do we just email them an update for the current ESTA?
You must update ESTA with the visa denial. It may or may not affect your current VWP eligibility.

Ian
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Old Mar 17th 2011, 9:15 pm
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Default Re: B1 rejected, can I still travel using the visa waiver scheme?

Originally Posted by wesley72
Question: As my partner and myself have already got a ESTA already (which I believe last 2 years and for multiple entries), do we need to reapply for a new ESTA now that we have been declined a B1 or do we just email them an update for the current ESTA?
Since your circumstances have changed you need to re-apply. It may be approved, it may not. Seems to be a toss up. You might stand a better chance of approval if you wait a year or two.
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Old Mar 17th 2011, 9:16 pm
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Default Re: B1 rejected, can I still travel using the visa waiver scheme?

Originally Posted by ian-mstm
There is no 3 year working visa. It doesn't exist.
It's probably an H2b. Not exactly a 3-year visa....but is sold as such by those with a vested interest.
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Old Mar 17th 2011, 9:21 pm
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Default Re: B1 rejected, can I still travel using the visa waiver scheme?

Wow, I look forward to the email replay from this lawyer.

Thanks for the update regarding ESTA, we are going to try asap as we have a great opportunity and need to be in the US

Question: If we are declined a ESTA, does that mean we have to wait month/years before we can apply again?

Regards

Wesley
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Old Mar 17th 2011, 9:22 pm
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Default Re: B1 rejected, can I still travel using the visa waiver scheme?

Originally Posted by wesley72
Thanks for the update regarding ESTA, we are going to try asap as we have a great opportunity and need to be in the US
What is the 'great opportunity'? You are aware that you cannot work at all on the VWP?
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Old Mar 17th 2011, 9:23 pm
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Default Re: B1 rejected, can I still travel using the visa waiver scheme?

E-2 switcheroo?

Wesley, the employer who has the job is the one who starts off your 'visa' process by petitioning for you. Your partner that is.
Also, if you aren't married, you can't benefit from your partner's 'visa' whatever it turns out to be.


How much $$ was the quote from this lawyer?
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Old Mar 18th 2011, 7:45 am
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Default Re: B1 rejected, can I still travel using the visa waiver scheme?

The lawyer did not quote me a price, I was not worried about that as long as we got into the US.

I better hurry up and marry my girlfriend then!!

Wesley
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