amvc

I've recently been searching for some light in an issue my boyfriend is having and I ran into this website and I'm hoping someone here can help me.

This is his situation:
He has applied twice for B2 Visa on the Us Embassy in London and has gotten denied. The reason is insufficient documents "ties" but what other documents he can bring?
He brought to the last interview the police report declaring he has no record, a letter from his Dr. stating he's healthy to travel, bank statements, letter from his job, document that he rents, utility bills, evidence that he owns a car, a letter from his Dad stating he has to come back and take care of him, copy of the hotel he's going to stay and he still got denied.

Can he apply for VWP even if he has two previous visa denials?
He only wants to travel to Puerto Rico for two weeks and thought to get a Visa to do it the right way but got denied twice now.
is there any chance of using VWP?

Noorah101

If he's eligible to use the VWP, the "right way" was already to use the VWP. Not sure why he felt he needed a B-2 for only a 2-week vacation.

Yes, he can still apply online for ESTA approval. He must declare the 2 previous denials. Some people still get approved for VWP travel after having B-2 denied, some people don't. He won't know until he fills out the ESTA form.

If ESTA is denied, he probably won't be visiting the USA anytime soon.

Rene

amvc

The reason he used the B2 Visa route was because he was previously arrested 7 years ago but being that it was awhile ago it was erased and he no longers has a record. The police report states it. That's why he tried to apply for a tourist Visa.
The question is, on the ESTA application should he answer he was arrested even though he has no record of it?

Noorah101

I am not exactly sure how the question is written on the application. Does it ask about ANY arrests, or does it ask about CIMT arrests? Was his crime a CIMT?

Rene

Duncan Roberts

What does the actual question say? Hint: Read it carefully. Then, how does his arrest apply to it?

amvc

I'm not sure how is the question phrased on the application either but his arrest I'm not sure if it was CIMT.

He got in a fight when he was 19 years old and got arrested for 3months and some community service if I'm not mistaken.

Does it apply as CIMT?

amvc

I'm trying to acces the US CBP website to read carefully on it but is under maintence so I'm going have to wait but thanks for the reply!

Its been really helpful.

amvc

My boyfriend has been previously been denied two B2 Visas for unsufficient ties to his country(even though he has more than enough documents to support this but they still deny him the visa) does this gets in the way of getting into the VWP?

The trip is only for 2 weeks.

I've read in these forums that some of them get approved and some of them don't through ESTA and manage to travel to the US.

With this said he should declared he had 2 visa denials and when, right?

The question I'm most confused about is he was arrested 7 years ago and wasn't a CIMT so he went to get a police report and it shows that he doesn't have a record anymore. Doesn't exist. He's clean.

How do I answer the following ESTA question?

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

Should I say yes he was arrested even though it was awhile ago(No CIMT) and no longer on the system? or say no because its doesn't count anymore?

I'm so confused!
Any help with be gratefully appreciated!!!

meauxna

The part about it not being on his record anymore? Forget that.

Focus on the question: Have you been arrested for a CIMT -OR- etc etc
you have to break it down into the several questions it actually is.

Then you have to know if it was a CIMT or not.

It's on the system. Maybe not where you see it, but it happened. It counts.


Wait, why did you repost this question? It's the same as your other thread. VWP and ESTA are the same thing, for all intents/purposes. You need the ESTA approval to travel under the VWP.

amvc

Oh okay I didn't know. I didn't mean to repost but thanks for replying!

amvc

If a person gets to travel on the VWP successfully with previous tourist visa denials can this affect their chances if they want to get a tourist visa again?
Would the US Embassy deny the person on the tourist visa because they already got through the port of entry once using VWP even though they were denied before the same visa?

& also if the person with previous visa tourist denials gets denied entry trying to travel under VWP what would be the consequences of this? Would the person be banned entry for life, for how many years? If so?

I hope someone can help! :/

crg

Did you disclose the denials on the ESTA and/or prior VWP entries? Why was the visa denied?

meauxna

amvc, it really helps if you keep your questions together in the one thread. I have merged them.

amvc

Yes the visa denials were declared and the reason for the denial was for insufficient information, strong ties.

Because he brought substantial evidence of strong ties(Police report saying there's no record, the Dr's letter saying his healthy to travel, the letter from his job expecting him back, rent agreement, evidence that he owns a car, bank statements, all the utility bills, a copy of the hotel website including its address and numbers where he would be staying, a letter from his father saying he must come back to take care of him father and his family. He brought a picture of his family even so they denied him because of not enough strong ties?

It seems a lil' bit unfair when he has all the right documents indicating he must return back.

At the interview they asked him about his brothers and him not having contact with them and not knowing how to answer the interviewer's question he got denied and told he must bring more strong ties.

The trip will be for only 2 weeks, there's no intent for inmigation or anything.
He's doing it for tourism purposes and visiting his gf (Me)

Could it be because he mentioned he's doing it for tourism purposes and visiting his gf he got denied?

What more evidence he would need? Plus the tourist visa its for at least 6months and the trip would be just two weeks, 15 days at most.

That's why I'm wondering if he could travel on the VWP with all the evidence to back him up at the port of entry and if he would get denied what are the consequences of this and trying for a tourist visa again?

amvc

Oh ok I understand. Won't happen again. I apologize.