believer

I think he can just skip the ESTA and apply straight for B1/B2. In australia, people can renew their tourist visa by mail if their names/passport/circumstances are still the same since the last granted visa. This case, since his old B1/B2 is in his chinese passport, he still needs to attend the interview for the new tourist visa on the Australian passport.-i think.

No He never got his tourist visa denied before but his student visa back in China due to not strong ties with home-country. I dont think he has any criminal records or anything like that.

DanielMDQ

Hi Believer,

from what i've been reading, he has to say YES, because it doens't matter if he changed his name, etc, etc, they have his FINGER PRINTS, and once they put his fingers at the airport machine, the officer will see that he lied on the ESTA, because he has visa denials

it's always better to say the truth

Please, keep us updated, i'm getting the italian passport tuesday next week :S and i will apply for ESTA after being rejected a tourist visa on febreuary, i'm ****ing nervous, can't stop thinking about it lol, i don't know why i'm so obsessed about visiting the US lol

Let us know what happens
Hope this helps!

lifehouse51

The issue is it may be harder for someone at a working age to apply for B1/B2 using a passport from a Visa Waiver Country (Eg. Australia, UK, France, etc.) Quite a few people have posted about this on the forum. Early on, some people posted threads about wanting to apply for a visa because they feel more "assured" that they can get into the U.S. compared to a ESTA. However, getting a visa approved is NOT a guarantee for entry either. You can still be denied entry even if you have a B1/B2 visa for various reasons. I'd say apply for ESTA and use it if approved. If not approved, then obviously B1/B2 is the only option.

I don't think I can really provide much more useful info, but my postings at least keep this thread afloat on the top of the forum

believer

Hmm. If his ESTA is not approved then he would have no choice but an obvious reason at the interview to apply for B1/B2 with 6 month maximum stay (even he would just visit U.S for 2 weeks).

If his ESTA is approved but he still wants a visa to be on safer side, maybe he just let the interview officer know his circumstance and he wants some peace of mind at POE.

believer

Even if your ESTA is successful. You would still have one big "battle" at the Point of Entry with the form I-94W question F declaring visa denials. I imagine you would have some questioning or inspection before they let you in.?

Marocco

I don't think "wanting to be on the safe side" qualifies as a good reason to apply for a visa. On this board we have seen many posts written by people who were asked by POE officers to apply for a visa (e.g. due to their frequent trips), only to have it rejected because they were eligible for the VWP. If your friend's new visa application is denied, it will leave him in an even worse position.

DanielMDQ

Yes i know, but i THINK i could pass that interview sucessfully, well...if the officer is not a mother fuc*** like the embassy consular

I'm a student, 5 classes left to graduate, this is my final year, i'm graduating on December, it's more than obvious that i won't throw away years of effort and money paid, to go and stay illegally in the US when i'm so near to get my degree, it doens't make any sense, but this idiot at the embassy said

Daniel (me) - can you at least check my student papers (certificates, grades etc)

Embassy mother fu**** - that doens't matter, everybody can study


lol

believer

well we cant predict what would become of at POE. Hope you won't have to risk your return airfare.

lifehouse51

I mean, you do know that ESTA asks the same questions as a I-94W, right? And you do know that prior visa denial doesn't mean automatic denial to entry, right?
He can certain apply for a B1/B2, but some people on this forum tried for similar reason as your friend, and got rejected...now that put them in even worse position (Rejected for B1/B2, and may have a even harder time entering with Visa Waiver because of a recent denial).

And even if you have applied for a B1/B2, and got it approved, doesn't mean he won't have to "battle it out" at the Point of Entry. What I'm saying is that don't think an approved B1/B2 neccessarily make it less hazzle to get in. However, if his objective is to save cost (I.e. Don't wanna spend money on a round trip ticket only to be denied entry via Visa Waiver, rather know ahead of time of denial with B1/B2 application), then it makes no sense either. There are people who are denied B1/B2 but then got Visa Waiver Approved and travelled successfully with that. That means you can't guess that you'll be denied entry via Visa Waiver based on a denied B1/B2...the way to know is to try it.

That comes back to the point, wanting more assurance that he can enter the U.S. is not a strong enough reason (to me anyway) to go for B1/B2 when he can potentially be denied a visa and put him in a worse positin.

S Folinsky

Observation: It is interesting to note the differences in fact situations:

Daniel lives in Argentina. Argentina is one of the two former VWP countries. Buenos Aires is known as a particular tough consulate. Many Argentinians are eligible for Italian citizenship -- and are busy getting those passports. Salient point: Daniel still lives in Argentina.

OP's friend was denied in China. He thereafter left China and took up residence in Australia. He already obtained a B-2 visa. He is now an Australian citizen. AmCon Sydney is not like AmCon Buenos Aires or Guangzhou.

I am curious to see what the answer to Question F would be in both cases given the different "profiles" exhibited by each case.

No advice given nor intended.


Additional observation in response to some PM's [you know who you are] -- The above observations are consistent with the rubric "your mileage may vary."

Really, no advice given nor intended.

mardi

Since the answer to the question have you ever been denied a visa is Yes, it must me marked as such or when answering NO your friend may receive a lifetime ban for visiting USA.

believer

my friend just got email from u.s consulate and they said he needs to answer Yes as he has EVER got a visa denied.
He also got his ESTA approved with that Yes answer. Now not sure if he's ok with that or prefer a 5 year visa.
The consulate said yes it is possible to have two different U.S visas in one passport too.

S Folinsky

Observation: this is the first time you mention two visas at the same time. I saw nothing other than considering VW with ESTA or a B-2.

Observation: being refused admission when in possession of a visa has severe legal effects which are absent when refused admission on the visa waiver.

No advice intended nor given.

lifehouse51

Hey Believer, That's what I thought as well about two visas. The original poster asked if it would be possible to have a B1/B2 + E-3 visa on a passport. You just have to tell the border agent which status you want to be admitted under and they shouldn't cancel your first visa when you apply for a second one. However, common sense still applies: Don't try to be admitted in B1/B2 if you're still employed by your E-3 company (And why would you want that anyway, right? )

The second observation By Folinsky sounded to me that it's actually better to try entering on Visa Waiver and be denied rather than get a Tourist visa, try to enter, and be denied.

S Folinsky

Observation: The Australian gentleman successfully navigated ESTA. When we say what happens to Daniel, this might be good rough actual data to assist others.

Observation: mileage may vary, but yours truly is not all that surprised at the Australian's "yes."

No advice intended nor given.