NotXav

Hi all! First off I'm new to the forums, glad to meet you all and I'm glad I stumbled upon this because immigration is one of the most taxing things I've ever had to deal with.

My problem:
I have previously traveled to the US and was approved entry for 8 days in December 2010 on an ESTA. I planned on going back for longer the following summer, so I applied for a B2 Tourist Visa in March 2011, for which I was denied.

I've read conflicting things on the internet about how I am not allowed to travel on this ESTA any longer due to the fact I've been denied for a B2, however some places have said I can still travel but prepare to be quizzed a lot upon arrival. It is even more confusing due to the fact that you cannot update the 'have you been previously denied a visa' question.

I'm wondering if I am indeed not allowed to travel on this ESTA anymore, the chances I will be approved having been denied a visa, and the time I should wait before re-applying for the ESTA? Just wanting to know what the best course of action is really.

Thanks for any and all help!

Noorah101

You CAN travel on ESTA again, but not the same approval you already have. You have to re-do ESTA and this time declare the B2 denial.

Your chances of getting ESTA approved after a B2 denial are probably 50/50 right now, since it's been fairly recent. The longer you wait before applying for ESTA again, the more your chances of approval seem to increase. Of course your ESTA approval could also be denied.

Why were you only admitted for 8 days before? I think that's highly unusual. It's usually the 90 days or nothing.

Rene

NotXav

If I applied for another ESTA now and was declined, would that mean my chances were slimmed down again, say from the 50/50 you mentioned to something narrower? Or do you mean the longer I wait before applying after the B2 Visa application?

Also, how long do you suggest is a good time to wait before re-applying?

And I was admitted for 90, but I stayed for 8 because that's how long I wanted to stay lol. I should've been clearer, sorry.

crg

When do you want to go back to the US? If you have no plans, wait until you do before completing the new ESTA application.

NotXav

Was hoping early July, but I don't want to jeopardise anything so I am willing to wait. I am a student on my gap year so I can go at any point, however I wanted to go sooner rather than later.

crg

I don't think your chances with ESTA are terrible. Other people have been successful, but we don't know what criteria are used to make the decision.

S Folinsky

As an aside, the concept of a "gap year" by that name is British and not common in the US. I've seen British students on "gap year" obtain F-1 student visas for "study abroad." The "study abroad" year is recognized in the US and is often quite organized. And sometimes, the course of study in those programs might include what would ordinarily be considered employment.