dcasanova1

Hi
I am posting this on behalf of a friend. She is cuban and applied for a

tourist visa when she was a permanent resident of Spain. She wanted to
visit relatives in Spain. The visa was denied because they thought she
wanted to emigrate. That was three years ago. In the meantime she
became Spanish and now could visit the US without a visa. When she
fills out the immigration form, does she have to say she was refused a
visa before? Will she run into somekind of trouble? How should she
proceed?
Thanks

Ray

Apply for a B-2 visa at the Embassy before travelling...

scrubbedexpat099

I very rarely disagree with Ray, but being refused a visa is not in itself a bar from using the VWP.

Ray

Any yes on the visa waiver form can be a problem
http://www.hartnup.net/travel/r66/pics/dcp00469.jpg

scrubbedexpat099

It's a bit of a Catch 22, you are still eligible for VWP so you would have trouble getting a B as you would have to justify the need, basically the potential extra 90 days.

I got the T Shirt, no obvious solution, well ex Permanent Residency etc etc.

Chances are you will have a trip to Secondary, but then you probably would on a B as well.

As long as you can justify your non immigrant intent, b ut that goes for any entry.

Frank

    > It's a bit of a Catch 22, you are still eligible for VWP so you would
    > have trouble getting a B as you would have to justify the need,
    > basically the potential extra 90 days.
My opinion on the OP problem would be to call the embassy and ask if she
should apply for a visa or not.

- If they say yes then she can turn up at the embassy to apply for a B-2 and
if they say she doesn't need one then you can at least tell them she phoned
to check yadiyada

- If they say no then she can just turn up at POE. If there is trouble at
POE she can say the embassy told her she should just use VWP; yadiyada

In any case she should bring extra documentation of ties, non-immigrant
intent etc. Now I know the above "phone call" approach doesn't gaurantee
much of anything, but it puts you in a better position for an "discussion"
that might arise and only costs a phone call + few minutes. Might also put
her mind at rest.

-F

crg

I agree that it's not an automatic bar. However, the form says that they want anyone who must answer "yes" to a question on the I-94W to check with the consulate prior to travel. They can technically refuse someone's entry on the VWP for any little thing without review. Misrepresenting something, even a non material fact, on the form could hurt credibility and trigger a refusal.

I often have the opinion that people with drunk driving, mischief etc can still use the VWP, but those people can answer "no" to everything. This person must say yes.

dcasanova1

Thanks a lot to all those who bothered to reply, I will transmit the
information to my friend. Thanks again.

scrubbedexpat099

The official info:

Refused a Visa

While travelers who have been refused a visa under the provisions of Section 221(g) or 214(b) of the Immigration and Nationality Act are not ineligible to travel visa under the Visa Waiver Program, they will be questioned by an immigration official at the U. S. port of entry regarding the refusal by the Embassy or Consulate.

The traveler should carry with him or her evidence of his or her intention to depart the United States at the end of the visit. This is generally satisfied by furnishing evidence of strong social and economic ties to the traveler's 's place of permanent residence. There is no set form that this should take as each person's circumstances differ.

If the immigration officer is not satisfied that the traveler meets the qualifications for nonimmigrant status, the traveler will be denied entry.

There is a certain illogicality in applying for a B because you have been refused a B, but then I do accept that utilising logic can be misleading.

Elvira

Truer words were never spoken! Logic and USCIS = a contradiction in terms

crg

We're also assuming that the refusal was only for 221(g) or 214(b). It would be nice to know if the person has any past immigration or criminal violations. The type of passport is important as well. Spain has a problem with machine readable passports that aren't ICAO compliant, and their new docs may not have an integrated photo yet.

scrubbedexpat099

There is another thread running and Kevin mentioned there might be an isssue with dual Cuban citizenship.

Not something that occurred to me, and I always assumed you would use the one most favourable to the situation in any given situation without issues.

I had heard about the French having issues, did not realise the Spanish had as well.

1577 Ar23

"Elvira" <member35233@british_expats.com> wrote in message
news:[email protected] m...
    > Truer words were never spoken! Logic and USCIS = a contradiction
    > in terms ;)

How did USCIS come into the picture?
USCIS do not refuse entry into the US to anybody at the POE. USCIS do not
issue visa or do the inspection for anybody at the POE.