British Expats

British Expats (https://britishexpats.com/forum/)
-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   Vwp (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/vwp-854229/)

Florin13 Mar 10th 2015 1:30 pm

Vwp
 
Hy! Last year I was in states with visa waiver program I respect the 90 days and come back on time! After 5 months I was flying back and I was turn back from the airport! They say to me that I have to apply for a visa,get one and come back! The question is that I have double citizen does matter in which ambassy I go the apply for a Visa!? And what chance I have to get one!?

Guindalf Mar 10th 2015 3:27 pm

Re: Vwp
 
Dual (not double) citizenship of where? Makes all the difference to where you apply.

Florin13 Mar 10th 2015 3:43 pm

Re: Vwp
 

Originally Posted by Guindalf (Post 11588224)
Dual (not double) citizenship of where? Makes all the difference to where you apply.

Romania and Hungary...

ian-mstm Mar 10th 2015 3:53 pm

Re: Vwp
 

Originally Posted by Florin13 (Post 11588112)
They say to me that I have to apply for a visa...

Did the CBP officer say why? As a Hungarian citizen, you are allowed to use the VWP and aren't required to get a visa unless there's a reason you can't use the VWP. Just because the officer said you need a visa, doesn't mean you must get one. They often say that... but it's not true - and the officer is allowed to lie to you.

Why were you denied entry to the US?



And what chance I have to get one!?
If you are eligible to use the VWP, you likely won't get a visa. If you apply for a visa and it is denied for any reason whatsoever (including you not needing one because you're eligible to use the VWP), then you must declare that visa denial on every subsequent visa application (including ESTA) from now on. If the visa is denied, ESTA will also be denied... and you won't be able to travel to the US at all for between 6-12 months.

Ian

Noorah101 Mar 10th 2015 3:54 pm

Re: Vwp
 
If you are a citizen of a VWP country, you don't need a B2 visa, even if the POE agent said so, UNLESS they wrote a certain code in your passport. Did they write anything in your passport?

Rene

zerlesen Mar 10th 2015 4:06 pm

Re: Vwp
 

Originally Posted by Florin13 (Post 11588112)
After 5 months I was flying back and I was turn back from the airport! They say to me that I have to apply for a visa,get one and come back!

Which airport, the one at the beginning of the trip or the one at the end? There is a big, big difference between a CBP officer refusing you entry and some idiot who works for the airline refusing to let you on the plane because they don't understand the rules.

Florin13 Mar 10th 2015 4:31 pm

Re: Vwp
 

Originally Posted by Noorah101 (Post 11588259)
If you are a citizen of a VWP country, you don't need a B2 visa, even if the POE agent said so, UNLESS they wrote a certain code in your passport. Did they write anything in your passport?

Rene

Yes they stample in my passport refused in accordance with INA section 217 and I have a statement that contain 4 pages! In last page say that visa waiver applicant is being refused per section 212(a) (7) (A) (i) (I)

crg Mar 10th 2015 4:46 pm

Re: Vwp
 

Originally Posted by Florin13 (Post 11588307)
Yes they stample in my passport refused in accordance with INA section 217 and I have a statement that contain 4 pages! In last page say that visa waiver applicant is being refused per section 212(a) (7) (A) (i) (I)

Sounds like a formal Visa Waiver Program Refusal so you do need a visa. The 7A1 means they thought you were an intending immigrant. They probably had concerns or evidence that made it appear that you were working or seeking to live/work without authorization.

I don't see why you could not apply in your country of residence.

ian-mstm Mar 10th 2015 4:56 pm

Re: Vwp
 

Originally Posted by Florin13 (Post 11588307)
In last page say that visa waiver applicant is being refused per section 212(a) (7) (A) (i) (I)

Really? 212(a)(7)(A)(i)(I)... did the officer think you were immigrating rather than just visiting?

When does your Hungarian passport expire?

Ian

Florin13 Mar 10th 2015 5:01 pm

Re: Vwp
 

Originally Posted by crg (Post 11588325)
Sounds like a formal Visa Waiver Program Refusal so you do need a visa. The 7A1 means they thought you were an intending immigrant. They probably had concerns or evidence that made it appear that you were working or seeking to live/work without authorization.

I don't see why you could not apply in your country of residence.

What chances I have to get a Visa!? The cbp oficer says to me before I go to the plane "go get a Visa and come back I stample it for you"Do you think I should Tell this at the ambassy? And you know first time when I was I respect the 90 days!

Florin13 Mar 10th 2015 5:03 pm

Re: Vwp
 

Originally Posted by ian-mstm (Post 11588335)
Really? 212(a)(7)(A)(i)(I)... did the officer think you were immigrating rather than just visiting?

When does your Hungarian passport expire?

Ian

Yes...I think so! My passport expire in september 2023

johnnybrown532 Mar 10th 2015 6:08 pm

Re: Vwp
 

Originally Posted by Florin13 (Post 11588343)
What chances I have to get a Visa!? The cbp oficer says to me before I go to the plane "go get a Visa and come back I stample it for you"Do you think I should Tell this at the ambassy? And you know first time when I was I respect the 90 days!

Probably very little chance in the short term. Wait a few years and build up ties to your home country. America will still be there.

Pulaski Mar 10th 2015 7:13 pm

Re: Vwp
 

Originally Posted by johnnybrown532 (Post 11588465)
Probably very little chance in the short term. Wait a few years and build up ties to your home country. America will still be there.

To Florin13: please ignore the above poster he does not live in the US and has demonstrated on multiple occasions that he knows very little about US immigration and visas.

If you have been told to apply for a visa, unless there is a material reason for you not to be issued a visa then there is a very good chance you will receive one. Note, insufficient ties to a country outside the US is commonly a reason to be declined for a visitor (B-2) visa, so "insufficient ties" very easily could be a reason to be denied a B-2 visa.

materialcontroller Mar 10th 2015 7:19 pm

Re: Vwp
 

Originally Posted by Pulaski (Post 11588547)
To Florin13: please ignore the above poster he does not live in the US and has demonstrated on multiple occasions that he knows very little about US immigration and visas.

If you have been told to apply for a visa, unless there is a material reason for you not to be issued a visa then there is a very good chance you will receive one. Note, insufficient ties to a country outside the US is commonly a reason to be declined for a visitor (B-2) visa.

Usually you would be correct.

However to be fair for once, johnnybrown532 hasn't really posted any gross inaccuracies this time.

crg Mar 10th 2015 9:39 pm

Re: Vwp
 
There is likely more to this story. People don't generally get stuffed back on the plane and refused without something going on. The poster has the statement and could tell us the nature of the problem that caused the refusal. Perhaps he applied for a visa and was denied as a Romanian and then failed to put that information in the ESTA application. Perhaps he had been working on the last 90 day trip.


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