samrabbit

I've been to the USA from Britain three times this year - to visit freinds and network my artwork having the odd business meetings here n' there.

I was pulled aside at philidelphia immigration asking why I was coming out so many times a year and for so many weeks.

In the end I had to prove that I had earnings going into a British account.

I was advised to get a O-1 or a B-1 visa.
I applied for a B-1 visa and went to London's embassey for the USA.
They denied me - saying that because I'm staying with freinds and not in a hotel - it's not a business trip and an ESTA (Which I already have) is something I can travel with anyways - so didn't need the VISA.

I'm now worried I've caused an un-necessary stain on myself as being told I don't need a visa - the record says 'denied'.

Will I get into the USA if I go in Jan on my Visa Waiver ESTA again or not?

What should I do!?!

Please help/advise.

Noorah101

There is absolutely NO way of knowing in advance if you'll get in or not. It's up to the POE officer.

You'll need to update ESTA anyway, now that you have a visa denial. First step would be to do another ESTA, declaring your denied visa, and see what it gives you. If it gives you an OK, then travel on the VWP and hope for the best. With a denied visa, you will most likely be taken to secondary every time you enter the USA from now on (if you get to go on the VWP).

Rule of thumb is to spend more time outside the USA than inside.

Rene

BritishGuy36

Be careful what you do in the US when on the VWP as anything that can be construed as 'work' is not allowed. There's a fine (and not always stationary) line between 'business meetings' and 'work'.

If you'd have asked on here before you applied for the B visa you'd have been advised that your chances were very low, and not to bother. But now that you've been denied, yes, the simple fact is that you now face secondary on probably most if not all entries into the US for the rest of your life, due to the denied visa.

The more often you attempt to enter, the harder it will get.

Ray

Well that would be daft ... give it 6 months since your last visit
show a good gap

pejpm1

I'm not expert, but it certainly sounds like its the amount of time that could be the problem rather than number of visits. back in 05/06 I did around 7-8 visits in less than 1 year and never had any problems, but thats because it was always for 3-4 days (in fact on one occasion it was only 2 days!)...if you are spending weeks at a time then it could look bad. I'm sure plenty of people try and 'live' here by going home every few months and trying to get back in. not saying you are doing that, but I imagine thats what it might look like to them.

douces

how long you stay when you visit each time

AdobePinon

True dat. I have seen one guy turned away for admitting to selling his art in the US ("conducting a business on US territory").

rxfleming

My own experiences. I am a UK Citizen.

Have been in the USA on WT Visa Waiver 12 times between now and 2008. In 2009, I've been in and out the country 7 times, with 4 of those trips since August 2009. All via PHL or IAD. Before that, I have made about 5 trips between 2006-2007. So 17 trips in total in the past 3 years.

Most trips have lasted for 7-10 days. I visit my friends who live in NYC/Chicago/Wisconsin/Virginia.

I had never been questioned up until my trip in October 2009, when I was referreed to Secondary Inspection, who searched my bags and asked me questions related to my studies back home. I was let in after a simple few questions. Never had any questions related to my finances.

I have returned since October, just a few weeks ago on the 1st December, and stayed for 10 days. I entered this time through EWR. I was let in without any problems.

I will be returning again in January 2010, for 12 days, to visit my friends and my girlfriend (who i will be flying to the USA with) before I start up my studies again.

Take from my experience what you will - as long as you tell the truth, and have nothing to hide, then you will be fine. Fingers crossed