Denied F1, Approved ESTA

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Old Dec 8th 2012, 11:04 pm
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Default Denied F1, Approved ESTA

Hi I am new here and thought I'd try to get some new advice from what I've already looked up about my situation.

I was denied a F1 visa on the 3rd Dec and re-applied for an ESTA on the 5th Dec (when it said Pending I did research and that it could be denied, my very first 1 was done straight away and in september 2011). Now I have a 214(b) and I can not exactly remember what the person said why I was denied because when she said denied I tuned out and was disappointed, then left for home. I'm a very shy guy and speak quietly. It might be because of that I am not sure. It kind of sounded like not qualified well enough. Although I know since I was so nervous and speak quietly, (she asked twice to speak up), my answers did not have much reasoning in them. I was not asked to show any evidence/documents that I had for funding because she asked about my employment and I said unemployed for about 2 yrs which is not a good sign. My father was helping me with the financial side of it. I didn't mention it because I thought it might come up in the next question and so on but it never did. I just basically stumped my answers and did not show strong ties back to UK, as I thought I might of been asked it. Doing so much research now I should of been clearer at the interview and clarified my answers.

Although now I still would like to visit the US to see my girlfriend for new year celebrations (I did not mention my gf in the interview, the Univ told me not to). I am so nervous about getting to the border and being so anxious what they will ask me, I might flunk it by accident. Yet I have been doing research that you could be accepted because there is a post on this forum from 2009 that someone was denied 3 times a visa, 1 an F1 and 2 a visitor visa. He already been in the US to school and tried to carry on studying and thats when they denied him the visa. He comes from sweden. In the post he described that telling the truth and taking a lot of documents will help you, also he wrote out his interview questions.

My question is what kind of documents will I need to show strong ties in the UK? Although from that guys interview he was not asked to show any, apart from return ticket and I20.

Last edited by forseti; Dec 8th 2012 at 11:06 pm.
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Old Dec 9th 2012, 12:53 am
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Default Re: Denied F1, Approved ESTA

How did you get an ESTA on the 5th December if you, on the 3rd December, were denied an F1 visa?

Did you admit to being denied a visa on the ESTA?

..... or am I mis-understanding something here?
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Old Dec 9th 2012, 1:01 am
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Default Re: Denied F1, Approved ESTA

I did answer YES for denied a visa and I put where and when
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Old Dec 9th 2012, 1:25 am
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Default Re: Denied F1, Approved ESTA

What strong ties can you show them?

You don't have a job to go back to, sounds like you live with your parents and they were financing you for your studies.

Sounds like you were denied for not having strong ties to the UK.

Where were you going to study in the US? or were you really going to be with the girlfriend.
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Old Dec 9th 2012, 1:41 am
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Default Re: Denied F1, Approved ESTA

Originally Posted by forseti
I did answer YES for denied a visa and I put where and when
So, just to clarify... you were denied an F-1 visa, but you were subsequently approved for ESTA and you declared the visa denial. Is that right? If so, don't worry... enjoy your holiday. You've not done anything wrong.

As for proof of ties, don't confuse what the ConOff might have wanted for the visa with what the CBP officer might want for the VWP. The purposes are different, therefore the requirements are different.

When you arrive in the US, be confident and speak clearly to the officer. Be truthful when you answer his questions, but do not volunteer information not specifically asked for. You'll be fine.

Ian
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Old Dec 9th 2012, 8:47 pm
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Default Re: Denied F1, Approved ESTA

Originally Posted by SanDiegogirl
How did you get an ESTA on the 5th December if you, on the 3rd December, were denied an F1 visa?

Did you admit to being denied a visa on the ESTA?

..... or am I mis-understanding something here?
it is not a fast and steady rule that says if you are denied a visa then you are automatically denied ESTA.
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Old Dec 10th 2012, 2:57 pm
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Default Re: Denied F1, Approved ESTA

You will be granted or denied entry based on how the CBP officer who inspects you 'sizes you up' during your brief conversation. If you are sent to a secondary inspection, and if at the secondary inspection you are asked to document your non-immigrant intent, a decision has already been made to deny entry. They are not asking for the documents to see if you can be admitted, they are looking to find something they can point to justifying denial of entry.

People way over play this documents thing.

Regards, JEff


Originally Posted by forseti
My question is what kind of documents will I need to show strong ties in the UK? Although from that guys interview he was not asked to show any, apart from return ticket and I20.
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Old Dec 10th 2012, 9:22 pm
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Default Re: Denied F1, Approved ESTA

Thanks for the advice from everyone. Jeff, now you have me very worried because I will be coming back to the UK and how is it best to show that I will be? Just being truthful I guess?

Last edited by forseti; Dec 10th 2012 at 10:09 pm.
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Old Dec 11th 2012, 10:19 am
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Default Re: Denied F1, Approved ESTA

jeffreyhy, I was taken to secondary on the VWP and they asked for proof of non-immigrant intention (ties to my country), which I supplied, and after 2-3 hours, they let me in. I told the truth, had a solid record of following their immigration law as a student and then as a tourist, so I was let in. And I've read many other stories like mine on this forum.
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Old Dec 11th 2012, 3:25 pm
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Default Re: Denied F1, Approved ESTA

Do you think you can share what kind of proof is good to take?
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Old Dec 11th 2012, 4:08 pm
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Default Re: Denied F1, Approved ESTA

Originally Posted by forseti
Do you think you can share what kind of proof is good to take?
If you are going on vacation then an itinerary of what you are doing and where you are staying is good.

Return Ticket is a must

Do you have major financial commitments back home such as Mortgage or Car?

What about a job? You could ask your employer to write a letter to state you are employed and expected back at a certain date

None of the above are great on their own merits, but a culmination of all and more if you can think of them can help in proving non-immigrant intent.

All documentation needs to be on official paper. Having letters on college rule might not benefit you at all. Offering someone a number to call is pointless also as there is no proof that the person at the end of the line is not your mate from down the boozer.

In essence try to find as much documentation that you can muster to demonstrate that you absolutely must return to the UK, and that residing in the US is not a goal of yours.

Good Luck
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Old Dec 11th 2012, 4:36 pm
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Default Re: Denied F1, Approved ESTA

I showed them property in my name in my country, a couple of work contracts, and a return ticket. I think it counted in my favor that I have a long track record of always obeying their immigration laws, and they checked that in front of me right before they told me I was good to go. Hopefully, you can show that too.
Also, they checked the address that I was going to be staying in as they went through my luggage just before being let out of the airport, and it all checked out, of course.
Always tell the truth.
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Old Dec 19th 2012, 3:06 pm
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Default Re: Denied F1, Approved ESTA

I have a bank account. Been getting help with anxiety and I play football/soccer for help with confidence. I live with my grandma, she relies on me most the time. What do you think I could get to show official documents for my ties in UK?
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Old Dec 19th 2012, 3:19 pm
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Default Re: Denied F1, Approved ESTA

Originally Posted by forseti
I have a bank account. Been getting help with anxiety and I play football/soccer for help with confidence. I live with my grandma, she relies on me most the time. What do you think I could get to show official documents for my ties in UK?
forseti, your bank account is not a tie, though you might be able to show your most recent bank statement if it details payments to your grandmother's utility bills, rent, and so forth (it will be more obvious if it shows the name of the utility company, landlord, and so forth). Your doctor might be able to give you a note saying you are getting an ongoing course of treatment, though if your doctor is a psychiatrist, it might be best if the note also says they judge you fit for travel for the time when you are visiting. Do you get carer's allowance for your grandmother also? If so, you might be able to show that as evidence that you are relied upon by your grandmother, though you risk not getting the benefit if you are away too long (check the rules on this). You will of course have your return ticket. None of these things are very persuasive on their own, but they're better than nothing.

Above all, don't let your anxiety start telling you fearful and untrue things. Odds are that if you have an approved ESTA and a return ticket you'll be fine.
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