Refused entry and returning...

Old Jun 22nd 2010, 2:54 pm
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Default Refused entry and returning...

First of all, thanks for all the comments n this site, they are so helpful!

I just wanted some advise.. After being refused entry 16 years ago to the US, (for travelling with a little money and returning 3 months later. The officers asumed that I was planning on working, this wasn't the case), I was returned to England on the next plane. In hindsight, I was only a teenager and it must have looked dodgy!

Years Later, 2007 infact 15 years after I was refused, I applied for a B1/B2 visa and was sucsessful. I traveled for my holiday and on arrival was met by hostile officers who once again turned me to be questioned again. Obviously, I was very nervous and was lucky to have a friendly officer who allowed me in for my holiday and so I enjoyed two weeks in the states.

My question now is that with the whole ESTA thing, it seems to have made matters complicated. I am planning a short holiday in November, I still have my B1/B2 visa, do I need to apply for an ESTA. Everytime, I ask the officials, they complicate matters and I wanted to know YES OR NO! What forms will I need to apply on the plane and is an ESTA 100% not for me with a still valid Visa. I am British.

I'm also hoping that after being allowed my holiday in 2007, returning again won't be too much of a problem.

I would appreciate and be very grateful for any advice or tips,

Many thanks in advance!

Neil
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Old Jun 22nd 2010, 3:23 pm
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Default Re: Refused entry and returning...

Hi and welcome to BE.
If you have a valid visa you can use that. You do not fill in the ESTA, that is only for people wanting to enter on the vwp (visa waiver program)
You will fill in a white form on the plane, not the green form, because you have a visa
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Old Jun 22nd 2010, 5:57 pm
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Default Re: Refused entry and returning...

I agree
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Old Jun 22nd 2010, 6:02 pm
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Default Re: Refused entry and returning...

As above, don't file ESTA. Use your visa. You still might be taken to secondary screening, so you may wish to allow extra time if you have a connecting flight.
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Old Jun 22nd 2010, 10:35 pm
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Default Re: Refused entry and returning...

Hi all, new to this but I do have some experience in this matter.
I checked in on the VWP (Visa Waiver Programme) and I hadn't filled out the form online before I travelled. I had to do it at the airport in the internet cafe. Be aware, they will not check you in for your flight under the VWP unless you have the ESTA form reference number. I travelled on the 3rd March 2010 and wasn't asked for it, but when I travelled on 24th April 2010 I was. The white form on the plane does not work on its own... Unless American Airlines were just being picky! It's worth doing, it takes 10 mins and is free.
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Old Jun 22nd 2010, 10:51 pm
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Default Re: Refused entry and returning...

Originally Posted by RuggedRascal
... but I do have some experience in this matter.
Experience with what? Travelling on the VWP?


The white form on the plane does not work on its own...
Umm... the white form has nothing whatsoever to do with the VWP.


It's worth doing, it takes 10 mins and is free.
What do you mean "it's worth doing"? If you're referring to ESTA, it's mandatory for the VWP.

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Old Jun 23rd 2010, 8:43 am
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Default Re: Refused entry and returning...

So unlike RuggedRascal, with my VISA, applying for an ESTA does not apply to me at all. I was worried as no doubt after filling it in, I would be denied anyway.

With travelling under my VISA, this then, means that I will not be travelling under the VWP and would be expected to complete a white form on the plane.

I prey I don't get refused again, it seems these things depend on what officer you get and what kind of mood that he is in!
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Old Jun 23rd 2010, 11:52 am
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Default Re: Refused entry and returning...

Originally Posted by Fever
With travelling under my VISA, this then, means that I will not be travelling under the VWP and would be expected to complete a white form on the plane.
Yes.


I prey I don't get refused again
I think you mean "pray"... "prey" means something totally different. That said, you might get refused again... a visa is not a guarantee of entry. All it does is give you permission to knock on the door and ask permission to enter.


... it seems these things depend on what officer you get and what kind of mood that he is in!
Yup - that's true whether you arrive on the VWP or have a valid visa. At any rate, you can't win if you don't play the game.

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Old Jun 24th 2010, 5:57 pm
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Default Re: Refused entry and returning...

Originally Posted by Fever
I prey I don't get refused again, it seems these things depend on what officer you get and what kind of mood that he is in!
A friend was an immigration attorney for Microsoft and gave me some advice after I nearly got turned away at SeaTac.

She said if they threaten to turn you away then take that person's badge number and speak to their superior. Keep going up through the chain till you hit the top (might not take long!). Then call an immigration attorney to either advise you over the phone or come to the airport.

BTW to give you some idea of how randomly arbitrary they can be, the person who tried to refuse entry was doing so because my Advance Parole was issued in Connecticut, and I was entering the country in Seattle therefore he claimed my documents were invalid.
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Old Jun 24th 2010, 11:22 pm
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Default Re: Refused entry and returning...

Originally Posted by kins
Then call an immigration attorney to either advise you over the phone or come to the airport.
Aside from asking to speak to a superior, that information is flawed.

Immigration attorneys can't just march into a port of entry and represent someone who is being inspected. The border guards could allow an attorney to come into an inspection, but they are absolutely not required to and almost never do.

Secondly, the person being inspected by immigration authorities is not entitled to even make a phone call to anyone, let alone an immigration attorney.

It's a bad idea to tell people they have a right to call people and have attorney represent them during inspections because it's just not true.

Last edited by crg; Jun 25th 2010 at 12:35 am.
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Old Jun 24th 2010, 11:38 pm
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Default Re: Refused entry and returning...

Originally Posted by crg
Immigration attorneys can't just march into a port of entry and represent someone who is being inspected. The border guards could allow an attorney to come into an inspection, but they are absolutely not required to and almost never do.

Secondly, the person being inspected by immigration authorities is not entitled to even make a phone call to anyone, let alone an immigration attorney.
Are you an immigration attorney or an immigration official? If so then what do you suggest people in that situation do?

In my case the immigration official was entirely wrong, my paperwork was valid.
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Old Jun 25th 2010, 12:34 am
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Default Re: Refused entry and returning...

Originally Posted by kins
Are you an immigration attorney or an immigration official? If so then what do you suggest people in that situation do?

In my case the immigration official was entirely wrong, my paperwork was valid.
A the moment, I don't even live in the US. I agree that the official was off base but the guy in the booth is rarely the one who makes the decision about who can come in and who cannot. I'd just roll with it. They would have figured it out and apparently did. Someone higher in rank would have to approve the action before they sent you back anway.

How was your situation resolved?
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Old Jun 25th 2010, 1:08 am
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Default Re: Refused entry and returning...

Originally Posted by kins
Are you an immigration attorney or an immigration official? If so then what do you suggest people in that situation do?

In my case the immigration official was entirely wrong, my paperwork was valid.
Your situation has happened to me with my AP docs. twice in the last 12 months. Both times, I kept calm, smiled and was "lucky" to have immigration officials who admitted that they weren't sure, when I queried their logic about my docs, and called their superiors who sorted it out.
Not sure what I'd have done if they'd tried to deny me entry.
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Old Jun 25th 2010, 2:53 am
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Default Re: Refused entry and returning...

The official repeatedly told me that I couldn't come into the country. I repeatedly told him that I had done everything by the book and that my documents were valid.

He asked why I was flying into Seattle when all my docs were issued in Connecticut. I said truthfully that I had just moved from Connecticut to Seattle.

He asked why I hadn't got my AP doc reissued in Seattle. I said because a) it took the INS (as it was then) months to move a file from one office to another and b) because there was no need to because the doc was completely valid as it was.

Eventually I think I bored him into letting me into the country...
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Old Jun 25th 2010, 3:21 am
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Default Re: Refused entry and returning...

Originally Posted by kins
He asked why I hadn't got my AP doc reissued in Seattle. I said because a) it took the INS (as it was then) months to move a file from one office to another and b) because there was no need to because the doc was completely valid as it was.
Bad luck. It sounds like you had the immigration officer from hell. I can't think how he came to that logic as Immigration is a Federal matter not a local State one. Where you had the AP issued shouldn't have mattered only that is was genuine and valid.
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