deng890

As far as immigration laws are concerned, they don't need a conviction or even an arrest....simple suspicion is more than enough to ding you. Right or wrong, your name popped up somewhere on the system and caught their attention.

As you've correctly observed, it's up to you to meet the burden of proving that you're indeed squeeky clean. Although things like a clean criminal record and shot gun licenses can help, the embassy at this point is more concerned about any potential propensity you may have to commit any future transgressions. Character references are a step in the right direction, but that alone probably isn't enough. Perhaps also consider severing all ties with this well club?

If you're serious and determined about getting a visa then a consultation and guidance from an experienced immigration attorney is probably your best bet in overcoming this issue.

Dreameline

So... I sought advice from an immigration lawyer & sent off an 8 page letter, with around 60 supporting documents (via DX), just before Christmas. My CRB check came through too late to include with the main pack, but I sent that, via Special Delivery, on Tuesday. I explained the line of questioning to my lawyer & she helped with the documentation pack; this included a full explanation of how I know any bikers, the extent of my "association" & details of any communications from the past year; medical evidence to show that I can't take illegal drugs or drink; explanations as to how my job, hobbies & charity work would be jeapordised if I got a criminal record; plus all the "usual" stuff to show that I don't intend to try & stay there & can support myself etc. The lawyer said I have a good case.
Today, I received an e-mail, from the embassy, stating that I have to go back for a second interview! I've requested an appointment for next week & asked that they let me know what, if any, issues/queries they may have, in advance, so that I can prepare. Is this common? Does anyone know what I should expect?

yasserabbass

Name: Yasser Abbass

I am very interested to know what finally occured regarding this as I am too in the same boat.

I have been to the US before in 2006 prior to the scheme that is now in use and most recently went in March of this year (by road from Canada) however as I was not aware that the Visa Waiver Scheme was not applicable if entering the US by a land border crossing, when applying via the ESTA Visa Waiver Scheme, I got a ''Travel Not Authorised' response. After panicing (as I was flying to Canada a few days later) I read that the Visa Waiver was not required as I was crossing the border by land and continued my journey.

When crossing the Canadian/US border, I was detained for several hours with all the checks and finger print scans being done and continued into my journey to the USA which was only scheduled for one day. I certainly did not mind that the checks were being done as I had nothing to hide and co-operated. All of the documentation regarding my schedule and flight information from the UK were copied by the US border control officer and when I enquired as to what the concern was, I was informed that my name flagged up on their system thus the checks needed to be made. I did ask if such an issue would not occur in the future and was assured that my details were saved to the system so that a repeat of the occurance could be avoided.

I recently applied for the ESTA Visa Waiver Program as my wife and I have a trip to New York booked in September and yet again I got the 'Travel Not Authorised' response. This time, as I am flying directly to New York, I am having to go to the US Embassy and apply for a Non-Immigrant (Tourist) Visa, DS-160.

The fee for the Visa Waiver itself is $14 however where in my case, should you be denied travel authorisation, you are not given any reason as to why this occured. Surely a reason should be listed, typical US.

In my case, I hoped that the system the US use was able to identify my passport details and biometric scans from my entry in March 2012 so that the travel authorisation was passed however unfortunately that does not prove to be the case. Now, I am having to take a days leave from work and pay an additional $160 to make a visa application/interview at the US Embassy in London and provide even further evidence that my trip is genuine and that I am a genuine visitor to the USA.

It upsets me that the system being used is flawed as it clearly is not being updated with the information obtained in March 2012, there is no explanation as to why authorisation is not approved and furthermore I am having to spend more money in order to obtain a visa for a country which a majority of UK Citizens do not need to apply for as they simply get a visa waiver (something I was denied).

Reading more and more into this situation however I do not think that this situation applies to me only as it would seem that many other British Nationals who are muslim have suffered the same fate. I am all for countries making sure the wrong people do not enter their countries however it would seem that the Visa Waiver Program which the US use targets certain types of people based puerly on their names (religion) which is wrong.

Regardless, I am having to make the application for a Visa, but would like to know how long the process was for you (if you did go eventually) and what additional documentation you took with you. I plan to take my birth certificate, previous expired passport (showing my last US stamp), land registry statement showing I own a home here in the UK, bank and savings statements, Flight booking, hotel booking, letter from sister-in-law who lives in NEw York to confirm we will also stay with her for a few days whilst there. What else can I show them to prove I am a genuine visitor?

ian-mstm

ESTA is required when flying to the US. ESTA is not required when crossing the Canadian/US border by land. The VWP rules are still applicable.


They lied to you... they are allowed to lie to you.


You will need either an approved ESTA or an approved B-2 visa.


You need to demonstrate that you need to return to the UK. Your list of items doesn't demonstrate the need to return... they demonstrate only that you can return and that you should return. A letter from your employer indicating that you are expected back on a specific date would help.

Ian

Noorah101

My layman's opinion is that someone with the same (or similar) name to yours got put on a watch list. Now your name gets flagged and does not authorize you for ESTA, and that also explains the grilling you got at the land border crossing.

Just so you know, so you won't get shocked if it happens, you could be put on Administrative Processing (AP) even AFTER your visitor visa interview. This means that your name has matched someone on the watch list, and DHS needs to do some manual labor to make sure you are NOT that person. AP could take anywhere from a few weeks to a few months to a year or more.

Rene

One Life

Hi Yasser,
Is there an update on your situation?

Rene, I read a thread here in which someone wrote that anyone with a denied ESTA could not cross by land either, and needed a visa. But Yasser had a denied ESTA and was successful in crossing the border. So, which one is it?

Thanks!

yasserabbass

I can confirm..

I was denied an ESTA (Which was not needed for land crossings in the USA).

I was then given entry (after a 4 hour wait where a lot of investigations were done) to the USA.

I have just returned from New York (seperate trip) by plane. I applied for another ESTA in June and that too was denied. I appealed online (there is a way for this) and mentioned my situation in March (giving my application number etc) and this was accepted. My ESTA was then given and I had no issues going to the USA at all.

Thanks.

One Life

Thanks, Yasser, and glad it all worked out for you. It was probably your name that they had to "clear". You appealed online the denied ESTA, meaning through Redress, right?

Now my question is this: with a Visa denied (214(b) and an ESTA denied (and I'd inform them of such), can I try to cross by land if I take all my docs proving ties, etc?
I mean, if I went through Vancouver, even if I were denied entry into the US, I could still go back to Vancouver and enjoy some vacation there as plan B.

yasserabbass

Yes that sounds like a plan.

To be honest, they go on about how it all depends on the officer at the time. I am greatful that I had a decent officer at the Vancouver border.

Just take all your documentation showing you plans in the USA etc and in Canada.

and Good luck

lisa67

At the land border you still have to fill out a form that has the same questions on it as the ESTA, which will include "have you ever been denied entry into the USA"......good luck!

ian-mstm

Sure you can try! However, as lisa67 already mentioned, you must complete an I-94W at a land crossing - and it has the exact same questions as on ESTA... y'know, the pesky one about having ever been denied a visa. You should assume that the CBP officer at the border will have access to your prior ESTA and visa denials.


For many people, Vancouver would be Plan A! But yes, staying in Canada can always be the backup plan!

Ian

Steve_

No-one has really mentioned the main point, which is why does associating with a biker gang automatically make you suspect?

I have a pet peeve about this one because there was a Canadian member of the Hell's Angels who was murdered in the UK and everyone in the press here and elsewhere went on at length how this guy must have been up to no good, etc. and it turned out that he had zero convictions, zero run-ins with the law and he was just randomly targeted by another biker gang. His interest was purely in motorbikes: http://www.guardian.co.uk/uk/2008/no...-angels-murder

Just because you're a member of a biker "gang" does not ipso facto mean you are a criminal. They might be up to no good in the US and Canada on a more regular basis, but in Europe I think there is a large degree of hyperbole, it's just people pretending they are bad asses in many cases.

crg

I would not encourage someone who has been denied a visa and an ESTA to seek entry at a land border under the VWP just because one person reports being allowed in. It seems like some people are being nonchalant about suggesting this but they aren't the one who could be arrested. Although a person seeking to enter by land doesn't need to apply for an ESTA first, people with a denied ESTA must have a visa before seeking entry at any air, land, or sea port of entry.

One Life

Thanks crg.

That's exactly my doubt: if one was denied a visa and ESTA, some people -like you- say one can´t cross by land either, while others say one still can.
Yasser was successful, but I don´t know if this was an exception, and everyone else in the same situation is turned away.

crg

Everything on their official site refers people with ESTA denials to a consulate to apply for a visa. Nothing on their site instructs such travelers to simply reroute through Canada or Mexico.

http://www.cbp.gov/xp/cgov/travel/id...ml#ESTADenials

Q: What should a traveler do if he or she is not approved for travel through ESTA?
A: If an ESTA application is denied and the traveler wishes to continue with the trip, the traveler will be required to apply for a nonimmigrant visa at a U.S. Embassy or Consulate. For more about visa application procedures.

I don't know what happened with the other guy but it is not uncommon for strange reports about things that happen at the border.