Travel unauthorized ESTA plus denied visa, what now?
 

In April i applied for a b2 tourist visa to travel to the usa as I had been going back and forth for 4 years and spending a lot of time there, never overstayed my welcome though but Newark Int. Airport told me I was abusing the waiver program by coming backa nd forth so much and to apply for a visa. I was denied the visa and told to apply for esta because I had booked a trip to L.A for June. I applied for the esta and it told me "Travel unauthorized, apply for visa, etc". I applied a few times (once in April and once this month) and always denied.

Well if I reapply for a visa aren't I just going to go around in circles with this?

Re: Travel unauthorized ESTA plus denied visa, what now?
 

When you applied for the B2, did you tell them that you had been denied an ESTA?

I think there are two levels of "denial" when they don't issue you a visa. One carries more prejudice than the other. If they give you the more serious denial/refusal (I forget which is which) they have to explain the reasons and tell you whether or not a waiver is possible.

Re: Travel unauthorized ESTA plus denied visa, what now?
 

No, I applied for the B2 prior to applying for the esta because Newark told me that next time they probably wouldn't let me in without a visa.

Re: Travel unauthorized ESTA plus denied visa, what now?
 

Then I think you should reapply for the B2 and tell them that you have been denied an ESTA. If you check out otherwise, you ought to get one.

CBP have been giving people this "advice" for a while. It is bad advice IMO, because your case is typically exactly what happens - they won't give you the B2 because you can use the VWP, then you can't get an ESTA because you've been refused a visa. Maybe this wasn't such an issue before ESTA.

They gave me the same advice at Boston. I very nearly applied for the B2 but am glad I didn't!

On the bright side - once you get the B2, you should have less trouble at POE, and will typically be authorized for a 6 month stay rather than 90 days. But be aware that they do still monitor your visiting patterns and if it looks like you're spending too much time in the U.S., "trying to live there", they will revoke your B2. A good rule of thumb is to spend at least as much time outside the U.S. as you do inside, but this is not hard-and-fast.

Good luck, and please let us know how you get on.

Re: Travel unauthorized ESTA plus denied visa, what now?
 

Thanks for the advice. If I wait and apply in say 9 months time would that affect things or do I have to apply right now? I mean, the June L.A trip is gone so maybe applying in 9 months would be ok?

Re: Travel unauthorized ESTA plus denied visa, what now?
 

Do you mean apply for a B2 or for an ESTA?

if ESTA:
ESTA is so new that I don't think anyone can say at this point, but my hunch is that you'll get the same denial even if you wait 9 months. It's an automated system and I think it is denying you because you answered "yes" to "F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled?". This doesn't mean you should reapply and say no to that question, that's probably a bad idea.

if B2:
If you qualify, it shouldn't matter whether you apply now or in 9 months. If I were you I would apply soon so that in the case of another denial, you have more time to figure out what's up and consult an attorney if you have to.

Maybe if you're very lucky and explain that you have tickets booked for June, and ask if they have any appointment cancellations that you can take, you might be able to get an interview and a B2 in time for your trip. You probably shouldn't get your hopes up too much but it's worth a shot in my opinion.

Re: Travel unauthorized ESTA plus denied visa, what now?
 

Thanks for both, I meant B2.

The only problem I have here though is when I applied the first time I was able to stay at a friends in NY, this time I won't be able to put an address so would I put the hotels address where it asks you where you plan on staying?

Re: Travel unauthorized ESTA plus denied visa, what now?
 

Yes, a hotel address is fine. It even looks good and touristy.

Re: Travel unauthorized ESTA plus denied visa, what now?
 

How much time have you spent in the USA during the last four years?

Re: Travel unauthorized ESTA plus denied visa, what now?
 

I would say around half that time spent in usa in total.

Re: Travel unauthorized ESTA plus denied visa, what now?
 

I go along with the advice to apply now. That way you know the result before you make anymore plans and if it is refused you have time in hand to try and overcome that.

Nothing to be gained by waiting as far as I can see.

Cannot see it will be refused as now you cannot use the VWP (ESTA denial) so that overcomes their grounds for the previous visa refusal.

Re: Travel unauthorized ESTA plus denied visa, what now?
 

Alright thanks, I guess here we go again..

Re: Travel unauthorized ESTA plus denied visa, what now?
 

Unless you have a very good reason for wanting to travel to the USA again, I think your chances of getting a visa are not good. If you're a financially independent retiree you might have a chance. If you're of working age, it will be very difficult.

Re: Travel unauthorized ESTA plus denied visa, what now?
 

Really? That really doesn't seem very fair to me. Is that how they operate? - Once you go back and forth a lot you're screwed? How can they get away with doing that to people with no criminal background and who are clearly coming back everytime?

Re: Travel unauthorized ESTA plus denied visa, what now?
 

They are American...this is their Country;)