mcallisterra

Hi there (just signed up).

My situation is a little complicated so I thought maybe some of you could chime in on what you think I can expect.

I am a UK citizen and have been in the US for the past 8 years on E2 visas, but when I came back to London to renew it in June 09, it was denied. It wasn't denied for anything bad or anything I really did wrong, it was down to how much (or more to the point how little) I earned at my job, so they thought I wasn't working there full time (I was).

So I have been back in England for the past few months gearing up to move to the Bahamas to start my new job. Now I'm looking at flights, and direct flights to the Bahamas from London are about 3x what they are if I could connect in Miami first.

I applied, and was approved ESTA authorization even after ticking 'yes' to 'have you been denied a visa'. So my question is, will I run into any problems entering on the VWP and getting on my connecting flight from Miami, considering I will only be in Miami airport for about 2 hours?

The thing that worries me is that I have read a lot that people who have ever been denied a Visa cannot enter on the VWP again, but I am not sure how they will react if all I want to do is stay in the airport for 2 hours and get on a connecting flight right back out to the Bahamas.

Thanks in advance.

avanutria

Hello,

I'm not sure, but I think it will help that you are going to the Bahamas for a job rather than a holiday. You can bring proof that you are expected by your employer to arrive there by a certain date.

ian-mstm

You're not actually entering the US on the VWP. You're "transiting" the US. AFAIK, you don't need ESTA approval for that.

Ian

crg

He's entering. There are no more transit lounges. Nobody is going to take his hand and walk him to his connecting flight. He could decide not to take the connection. There is no more TWOV program. He is seeking admission. He requires an ESTA approval.

Of course, the fact that he appears to be entering for the purpose of immediate and continuous transit is a good thing. If they believe he will take the next flight then they won't be as concerned about him resuming his residence and employment.

Rete

I was under the impression that you could still use the VWP even if you had been refused a visa.

crg

It depends on the circumstances for the visa denial and what ESTA says.

BritishGuy36

Indeed, sometimes visas are denied because the VWP is more appropriate and available to the applicant.

Folinskyinla

Hi:

Who knows? Any particular reason you think you would be sent back to the UK rather than allowed to continue on to the Bahamas?

mcallisterra

Thats interesting to know about the 'transit lounge' or lack thereof. I wasn't sure how the whole system worked really.

So basically the best I can hope for is that proof I will be leaving immediately (departing flight ticket in 2 hours, letter from employer, perhaps my Bahamian work permit) will convince them I'm not going to leave the airport. That makes sense.

Has anyone done a similar thing? Any guesses as to what they will say or do?

Oh and my last visa was not denied because a VWP would be more appropriate. It was denied because, for some reason, they decided I hadn't made enough money working for the company I was working for, and therefor decided the company didn't need me enough for me to be working in the States I guess. I didn't do anything bad or wrong.

Thanks for all the replies anyway guys, and keep 'em coming if you have any idea as to what I might encounter. It would be a drag to get turned right back around to England when I actually WANT to be leaving in a few hours haha.

mcallisterra

No, not at all. I'm just not sure how the system of flying into, then immediately leaving the US works.

Folinskyinla

Hi:

You go through an immigration inspection, pick up your bags and then check them on the outbound flight. BTW, I've done this in Canada. And as a US citizen returning VIA Canada, I went through Canadian customs/immigration, went upstairs to the departure level and then cleared US customs/immigration at pre-flight inspection facility.

crg

I wouldn't be too worried about your travel plans. From what you describe about your current situation, they would probably allow you visit the US on the VWP. You disclosed the denial. They approved your ESTA. You have a work permit for the Bahamas, and you're seeking entry for the purpose of transiting.

I suspect that you will visit the US considering that the Bahamas is so close to the US.

BTW: If you seek to visit the US from the Bahamas on a commercial aircraft, you will likely be inspected by the US authorities before departing the Bahamas.

mcallisterra

Yes this is what I was thinking, but your post definitely eased my mind a lot

Thank you!

mcallisterra

Bit of a follow up, two pronged question to my original post here:

As the time nears Christmas, and since I am still not in the Bahamas yet (waiting on my work permit still), I am starting to wonder if I might be able to be in the US for slightly more time than just jumping on a connecting flight.

Given that I have an approved ESTA in which I admitted my E2 denial, I (will) have a Bahamian work permit and a letter stating that I will be starting work in late January, do you think they would allow me in on the Visa Waiver Program to spend a few weeks with friends and family in the States over the Christmas/New Year period?

Lets say I arrive in Miami a few days before Christmas, and I have a plane ticket booked from Florida to Nassau around the 20th January, do you think they would still let me enter under the VWP even though it is for longer than just catching a connecting flight?

My second question: I have read that if you are in fact denied entry, they make sure you purchase a plane ticket back to where you boarded initially. Are you required to go back to the departure location, or, in my situation, could I simply go straight to Nassau and say 'oh well' to trying to stop by the US for a little Christmas break? It would seem to me to be completely illogical to send me OVER Nassau and all the way back to London when I have a ticket showing I planned on leaving the US to get to Nassau in the end anyway.

Thanks.

scrubbedexpat099

The Airline that brings you in is usually responsible for your departure.