17nic17

Hello,

Ive read so much on here about ESTA and I have also read practically every webpage there is on getting ESTA after a visa denial.

I have had 2 b2 visa denials under 214(b) and I am biding my time until I can apply for ESTA again.
On the denial letters it said that it does not prohibit me from using vwp.
Also on the London embassy website it says again that 214(B) does not prohibit use of vwp.

But other websites and indeed other countries embassy websites state that a visa denial means you cant use vwp again ever and need to apply for a visa. So Im slightly confused.

Why do some embassy websites say one thing and others another?
Surely it doesnt matter which country you are from because everyone would be trying to visit the same country? a visa denial is a visa denial no matter where you are from right?

I just dont understand why some embassies say you are ok to use vwp after a visa denial while others say you cant? (assuming ESTA is approved of course)
Perhaps somebody knows the answer to this?

civilservant

It does not prohibit you from using the VWP if you are otherwise elligable - but it must be declared on ESTA.

The embassy is not obliged to give you correct information, so anything you read must be taken with a large pinch of salt (including this post )

ian-mstm

True... but remember that ESTA gets you on the plane to the US to then ask permission to enter on the VWP. It is not the VWP itself. If you were to enter the US from Canada at a land border, you would likely have the opportunity to speak to a US immigration officer at the border. If the officer lets you in, then your previous visa denials have not, in fact, stopped you from using the VWP. If you fly to the US though, you must complete ESTA first... and the online application doesn't give you the opportunity to speak to an officer.


Never forget... web sites do not necessarily reflect the actual law.

Ian

jeffreyhy

Because visa information on embassy web sites is not written or maintained by immigration attornies who know the actual law.

Regards, JEff

Marocco

US embassies are run by the State Department, which has nothing to do with the VWP.

Noorah101

That should actually read "does not prohibit application of ESTA". You cannot use the VWP until you have an approved ESTA. If you have a B-2 visa denial, you have to re-do ESTA (if you had a previously approved one) and declare the visa denial. A declared visa denial may or may not result in a denied ESTA. So, after a B-2 denial, you CAN apply for ESTA, it's just that it probably won't get approved, until some time passes after the B-2 denial.

Don't be confused. Only read the website which deals with your embassy, and even then, don't rely on the information being 100% correct. It doesn't help you to read other countries' websites, because those definitely won't apply to you.

Because they are maintained by different people and agencies.

Yep. Because the websites are maintained indpendently, and they are free to post basically whatever they want on there. It doesn't mean it's true or that it's the law.

Rene

G304

Hi 17nic17,
I am from Italy and I am exactly in the same situation as you: b2 visa refused twice, now waiting before re-applying for esta.
Can you tell me how your story ended up? Did you get esta approved? After how long did you apply from visa denial?
Ciao!

crg

Also, there are ways to admit people without a visa other than under VWP. There are other waivers and paroles so someone with an ESTA denial allowed to enter may have been stopped from using the VWP.

I'm pretty sure that people with ESTA denials aren't supposed to just role up and ask to enter at the landborder. The instructions provided for people with ESTA denials is to obtain a visa before commencing travel.

Going to the border to ask to enter once told to get a visa could complicate future visa/ESTA applications.

Pulaski

She's not posted in almost three months, so it could be a long time before she sees your post, if ever.

ian-mstm

That's because most folks won't think to go to Canada first and then try to cross at a land border... and people have reported success in taking that course of action.


Getting hit by a bus crossing the road could do much the same vis-à-vis future visa/ESTA applications!

I'm not saying I disagree with you... and there is certainly an element of risk involved, but I think it's fairly low. I think the benefit outweighs the risk.

Ian

G304

Yea I know..but wanted to try the same!
Anyone else can help me?

Also I am thinking to travel to Canada. But I fear that my previous visa denial could result in a denied entry if I try to get to the U.S. by land.
That would only make things worse.

Another problem is that without visa and without esta is not even possible to travel to other countries with flight connections through U.S. airports..

1988presence

hey G304, i am in similar situation as you...

I was denied b2 visa twice, last time was 2 years ago. i recently applied for ESTA - mentioning both denials - and surprised to receive Travel approval.

I have now purchased my tickets for less than 2 weeks holiday... I have small freak out moments when i imagine being sent back.. I really hope not, as i am looking forward to having a great time... I will just have to pack my letter of employment, return tickets, details of accomodation, plus esta approval letter and hope that is enough...

...do anyone know what else i should carry along?... cheers

civilservant

The documents you mention seen pretty good although you wont need the ESTA approval. When you say 'letter of emplyment' ensure that it includes a date on which you are expected to be back at work.

Enjoy your holiday

G304

Ciao!
I am happy to hear that..although 2 years are really a long time to wait
Btw, would you mind to tell me about your experience when you come back from your vacation?
Maybe you will not go through secondary inspection, since 2 years have already passed.. but who knows...
However.. have a great holiday and let me know if you can!

1988presence

yeah sure,... i hope it all goes well..

i waited two years because the visa denial got me shook, and i kind of gave up on ever visiting the us. how long ago was your last denial?