eriken

Hi.
I have been looking through the site, but still cannot find any conclusion on this matter.

Was claimed to be inadmissable in Philly, as a immigrant without an immigrant visa. (nonsense) I took anyway the option of withdrawing my app.
Tried to get a new Visa in Oslo (I am norwegian), they would not overturn Philly.
Seems to be at least 2 different opinion here regarding if i can travel on VWP or not.. ?

I had btw a B1-B2 from 2005, been going to Florida for 180 or less days every year. (semiretired) in addition to this I did a aprox 30 days trip in 2007 and 2008 (Route 66). So my total in those years was around 210-220 days.

have a great day.

eriken

ian-mstm

All visitors to the US are assumed to have immigrant intent unless they can prove otherwise. It might be nonsense to you, but the officer believed you couldn't prove otherwise.


Was anything written in your passport about this? Numbers? Letters?


Ouch... that sucks!


Did Oslo actually deny the visa or did they simply not bother with your application since you could probably use the VWP?

Generally, if you're turned away on the VWP that does not constitute a formal removal and you remain eligible to use the VWP. If ESTA is approved, I guess you lose nothing but the airfare if you're again turned away. I suggest entering someplace other than Philadelphia! Is there an airport near you that pre-clears US immigration before you get on the plane? I know several airports in Ireland do this, but not sure about Norway or the surrounding countries.

Ian

Ian

eriken

Hi, and thanks for quick reply.

They did deny me a new visa. Also there was some stuff written in my old passport, but I dont have that any longer. It was falling apart, and was told by the embassy to get a new one.

But I do believe it is the same as I can see in the transcript of the sworn statement I have. Says: inadmissable bla bla section 212 (a) (7) (a) (i) (r) of the INA... bla bla.
As for someone who have been in Florida for 8 years pretty much every winter, never overstayed, never out of status. It is kind of a chock to be frogmarched to the gate, not to mention the 3 hour grilling.

some of the questions are also not kind... like the one :have you applied for the GC lottery ? answering yes (truthfully) gets you basically neck deep.
didnt help with having a house and a AC girlfriend there either.

Its kind of getting arrested for murder because you own a gun..

eriken

Duncan Roberts

With that kind of stuff going against you, you need some major proof of very strong ties to your home country. I'm pretty surprised that you're as surprised as you are about what happened.

Noorah101

You have to admit, you DO have immigrant intent, eventually....what with hoping to win a green card, owning a home, and having a USC girlfriend.

Why not just marry your girlfriend and immigrate to the USA, as it seems you want to do?

Rene

eriken

Hi

Lol. Of course looking back with that kind of goggles on, I am not surprised.
But there have been no change in my status for the last 6-7 years, and during secondary some years back I was allways believed.
I have no intension of "immigrating illegaly" Think I have proven that for the last 6 years.. ? Another one..who want to live in Florida during summer if one can avoid it ? GC would be nice, but basically to aviod this mess.

Anyway, the question with visa cancelled, and what then about ESTA still is unanswered.

eriken

Noorah101

You've evidently proven it to the POE officers satisfaction for the past 6 years, but not anymore. Your circumstances don't need to change for a POE officer to question your motives.

Ian answered this one.

Rene

meauxna

Except that for the last two years, you spent more than half the year in the US instead of your home country.
Your circumstances appear very much to be changing.

You already have. You don't think of it that way, but CBP did (and it looks like DOS agreed). Even if it is 'only' for half the year, you can't 'live' in the US with a visitor visa/VWP.

Being a Permanent Resident (green card) means that you must spend MORE time + ties in the US; it may not be the solution you think it is.

You did not have a visa canceled, you were denied a visa. You need to update your ESTA registration with that information and checkmark that box on the I-94W if you travel to the US with the VWP again.

eriken

Hi

My B1/B2 page in the passport was stamped with big "CANCELLED" over it..
still not cancelled ?? c'mon..
and yes, was also denied visa when I tried to get a new one.

eriken

eriken

Thanks.

Seems there is no argument over the "fact"?? that pretty much everybody thinks I can travel under VWP ( esta was aproved(2 days wait before it came back, yes dotted all the "cancelled,denied etc etc" ))

However since I have so many "ties" to the US, it will be a 50/50 chance of returning to EU with the same flight..That sucks big time..

The thing with "you can't 'live' in the US with a visitor visa/VWP."
Then they will pretty much empty Florida..

have a good day guys and Merry xmas to you all.

ps. working on a E2 application, hopefully it will pass...
eriken

scrubbedexpat099

I would be more concerned about the IRS.

Or have you filed in the US?

GF seems the obvious route.

crg

Erm..... It's very easy to get denied entry when seeking entry under the VWP since you waive any right to a review. I wouldn't travel again without a visa, but that's just me.

eriken

Seems like the same is true when you travel with a B visa..
VWP will be the last resort....
Thanks guys.

Bladerunner

Sorry to hear about your problems. Perhaps you should write to the US Embassy in Oslo and ask what they advise. Good luck.

Philly almost turned me away once, when I tried to enter on the VWP in 06. Two hours of grilling from humourless, sometimes aggressive officials. They eventually let me in but at one point I was sure I was going home.

scrubbedexpat099

It would be the Consulate, but they are not there to solve your problems.

He could apply for another B2, no reason to believe the outcome would be different.

Or has been said try a VWP entry, at least he has that option. There are ways to mitigate your risk, give it awhile before trying, keep the visit short etc etc.