_pie

Hi all,

A few years ago I was denied access to the States. I was drunk-tired (as in, so tired I couldn't really understand what was going on.) I answered my questions wrongly and ended up on a flight back home. I was going to explore a few States, but while I was there go for a meeting with a client (I believe this is allowed.) I looked kind of scruffy too, so they didn't believe I had the money in my bank to suffice - I offered to show them many times. The way my client phrased it was that I was going to do some work for them - not my opinion of what was going to happen. Then I was taken to a cold cell and two immigration officers played good cop/bad cop until I agreed so I could get the next flight home (20 mins, or 24 hours was my choice.)

Is there any way to reset my visa waiver status? Even by paying a fine or such. So I can go back out there. Does my denial ever run out: Will I be able to use it again?

Secondly; If I want to book a holiday visa to the status and can't due to my status… is there any way I can do it through someone rather than travel 8 hours, lose 3 days and amass a large bill?

Thanks for any and all help.

Duncan Roberts

Have you applied for ESTA? If so, you could try it and see if you get it. Likely it will be denied and you will not be able to use the VWP. Then you could apply for a B2 visa and try your luck. Your chances could be anything but don't be surprised if that is denied as well. Tough as it might be, US immigration isn't there to convenience you. You do it there way or you go to another country. You can't pay a fine and make things go away, you can't get round the interview requirement and the officials involved really don't care if you do or don't ever get to enter the country again

civilservant

You say you agreed to leave the country - was this a formal removal? Do you have any annotations in your passport?

scrubbedexpat099

Travelers who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP are not eligible to travel visa free under the Visa Waiver Program;

DavidLemon

I dont think he agreed to leave the country, i think that he agreed he was going to be working. The officers had drawn the conclusion that he was not over strictly as a tourist, and from the sounds of it, the statement from the OPs potential employer in the US concurred.

Im assuming that the OP tried in vain even after the employer spilled the beans to fight the decision, hence the cells and further questioning. However eventually gave in to the inevitable thus being able to get on an earlier flight rather than spend the rest of the night in the blink.

scrubbedexpat099

Are cells ever described as warm?

crg

I wouldn't suggest traveling over again with a prior visa waiver refusal regardless of what ESTA says because people with prior VWP refusals are clearly ineligible. There is a possibility for an inadvertent ESTA approval followed by another holding cell upon arrival.

This OP likely needs a visa. It would be helpful to know what passport notations, if any, were made at the last incident along with how long ago that was.

_pie

I received a copy of the incident. (Something I need to take whenever I apply for a visa now.) There's nothing in my Physical passport to say this though - I presume it's all on their computer though.

DavidLemon got it exactly. (Boston airport too.)

It was around 2 and a half years ago now. I've been keeping my distance due to the time it'd take to get a visa sorted.

Thanks all for your replies, means a lot to me that a bunch of strangers are trying to help out

I'm a professional, and one who will likely succeed when I apply for an entrepreneur visa eventually (once I pool the money or get an investor) but I was hoping there was more I could do now.

Eric S

My understanding is that there are two things that can happen when they don't let you in:

1. They allow you to withdraw your application for entry. In this case, I believe it doesn't count as being denied entry. It's like you never even tried.

2. They really refuse you entry. This does count as being denied entry.

I think, in case number 1, you're still allowed to use the VWP. In case number 2, you are not.

Please someone correct me if I'm wrong.

- Eric S.

crg

I have never heard of a VWP traveler being sent back after arriving at an airport airport without being VWP refused. VWP applicants have waived their right to review of the officer's decision or the judges decision as to admissibility so there are no proceedings for them to withdraw from.

If he sought entry under VWP at an airport and was sent back, he's been VWP refused and needs a visa.

Eric S

Thanks, I wasn't sure. I was pretty sure that there was the ability to withdraw the application was there, and I know of at least one person who that happened to. But it may only be an option for people with a visa, and not for those using VWP.

- Eric S.

Eric S

Just did a little searching of this forum and ran across this post from Mr Folinsky, an immigration attorney and frequent poster.

http://britishexpats.com/forum/showp...8&postcount=15

It seems that you can withdraw an application at the POE, but only if you have a B-2, not with the VWP. So, no real help for the OP.

- Eric S.

crg

As a side note, the opportunity to withdraw is something that the government can offer, but is not required to offer. Believe it or not, it's considered granting an immigration benefit.

jeffreyhy

I note that the post you reference does not say that a person using the VWP cannot be offered the opportunity to withdraw the application to enter. The post discusses the ramifications if a B-2 visa holder is offered the opportunity, but that does not necessarily mean that a VWP applicant cannot be offered the opportunity.

That being said, I believe it's true that a VWP applicant cannot be offered the opportunity to withdraw the application. We just have to find some other reference to support that belief.

Regards, JEff