Beanpole

Hey guys.

This seems the best place to ask about this.

I've just been denied a B2 tourist visa on the grounds that I do not have enough ties to my home country and am therefore an immigration risk. During the interview, I told them I had just graduated and was doing a gap year and was living at home. I wish I had read this forum before my interview as I would likely have been able to change the outcome. I was also informed that my ESTA application would be denied as well now due to my visa being denied. I tried ESTA anyway just in case after reading other threads on this matter, and I did indeed have it denied.

Anyway, now I'm wondering what the hell I can do. I have non refundable plane tickets to the USA leaving in less than 3 weeks. I never even entertained the thought that I would be denied for one second as I have no criminal record and am otherwise a citizen in good standing.
Is there anything I can do? I've read up on the DHS Travel Redress Inquiry Program and seen that I may be able to put a complaint through here, is there any point? Anyone have experience with it? I've also read a bit here about immigration lawyers - any advice here? What are my chances this way?

I was thinking to re-apply to the embassy for a B2 visa, and this time come armed with a document from my friend who runs his own company stating that I've been a consultant with him for some time and have signed a contract for a full time management position or something similar starting when I would get back around December. Would this be enough to prove my ties to my own country?
I've also recently undergone laser eye surgery, and I'm going to receive documentation from the clinic stating that I recently had laser surgery, and it is very important that I go for regular follow-up checks. Would any of this help?
Is there even any point in trying any further? I would greatly appreciate any advice here as I am pretty upset about all this, I had bet everything on going to America for a few months.

ian-mstm

Give ESTA another try in about 6 months. It'll take that long to clear it after the B-2 denial.

Why on earth did you apply for a visa if you were eligible to travel on the VWP from the start. Wait... don't tell me... 90 days just wasn't enough time to do what you wanted to do.


Sorry... but you won't be travelling to the US anytime soon. It'll probably cost you $150 or so to change the flights - at the discretion of the airline.


Nope!


Granting a visa is at the discretion of the interviewing officer. Unless there has been some tremendous change in your circumstances since you last applied, you'll most likely get a second denial.


Not at this point in time.

For future reference, never book tickets until you have ESTA approval.

Beanpole

Yep. I wanted more than 90 days, I was greedy. I would never have applied for a visa if I had known how hard it actually was to get one.

You didn't address me on my suggestions/evidence to show my situation had changed - do you think it would carry enough weight for a re-evaluation and possibly a granted visa?

materialcontroller

In my humble opinion, none of your suggestions will improve your chances for a second B2 application.

Just follow Ian's advice, accept that you can't go to the USA at this time, and try to rearrange your flights for a future date (dependent on ESTA authority being secured).

S Folinsky

What does the airline have to say about the tickets? Can they be changed? What about credits? Do not wait until AFTER the flight.

Beanpole

I am probably screwed.

Noorah101

Not necessarily, in the long run. Most airlines I've dealt with will allow you to change your ticket (for a fee, maybe $100 - $200), but then they give you a year to use the ticket. Talk to the airline, try to get this done, tell them you need to change your plans but you don't know the specific date of travel yet. They will most likely give you an "open" ticket, and then when you go to book the new date, you'll pay the change fee.

Wait 6+ months and then try ESTA again. If approved, then call the airline and re-book your ticket.

Rene

ian-mstm

I did. It started with the words "Unless there has been..."

Your situation hasn't actually changed... all you're doing is gathering documentation to suggest you're in a better situation than you were previously. Things haven't actually changed.

Ian

DavidLemon

Hey there BeanPole

Non of the evidence you are suggesting is actual evidence of ties to the UK. They are all things that can be walked away from or sought elsewhere.

The only real advice for you has all ready been given. Ties to the UK is actually a lot harder to prove than one might think, and as have seen in many threads over the last few days, more people that are eligible for the ESTA program are being denied a B2.

Call the airline and in future. NEVER book flights anywhere unless you have the valid documents in hand to get there

Duncan Roberts

The things that would go through my head if I was re-interviewing you...

Last time he said that he was on a gap year living at home and a couple of weeks later he has a management job. Seems suspicious to me.

There are doctors and hospitals in the US, does he think I'm stupid?

He's been denied a visa and ESTA and basically turned around and reapplied for another visa, something is fishy here. I'd better make a note in his file that he seems an extreme immigration risk and deny this application.

Keep in mind I'm not an official and it's not my job to be suspicious. Although it sucks you'll need to chalk it up to ignorance, learn your lesson and see if you can get your tickets switched for a flight to an EU country.

Beanpole

Thanks for the replies guys. I'll likely follow the suggestions here and see if I can postpone my travel. In which case I wanted to ask how the procedure would be. Is it going to take exactly 6 months from the date of my visa denial before my ESTA will be granted? What are the chances of it simply being denied again in the future?

Any input is appreciated.

materialcontroller

The six months is a guideline estimate. In reality the timescale varies from one person to another, and from one application to another. You could apply for an ESTA this weekend and it might be approved. Or you could wait for 12 months and it might not be. There is no absolute, "hard and fast" rule on this.

Duncan Roberts

Theoretically it may never be approved and every visa application you submit may be denied. That's very unlikely but it's theoretically possible that you could be essentially banned from the US for life by never being able to get a travel document. It pays to plan ahead.