Vwp
Mar 10th 2015, 9:56 pm
#16
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Joined: Mar 2015
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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.
Mar 10th 2015, 10:22 pm
#17
Account Closed
Joined: Mar 2004
Posts: 2
Re: Vwp
The outcome is 50/50. Chance of any given outcome depends.
How long was your previous visit, how long were you going for this time and for what purpose.
How long was your previous visit, how long were you going for this time and for what purpose.
Mar 11th 2015, 12:42 pm
#20
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,446
Re: Vwp
To expand on crg's comment, it is a common, but mistaken, belief that if you have a visa application rejected that you can no longer use the VWP. That is not correct. People can and do use the VWP after having a visa application rejected, though it requires a wait of 6-12 months after the visa application is rejected, or sometimes longer, before ESTA is approved.
Last edited by Pulaski; Mar 11th 2015 at 12:54 pm.
Mar 11th 2015, 1:19 pm
#21
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Re: Vwp
To expand on crg's comment, it is a common, but mistaken, belief that if you have a visa application rejected that you can no longer use the VWP. That is not correct. People can and do use the VWP after having a visa application rejected, though it requires a wait of 6-12 months after the visa application is rejected, or sometimes longer, before ESTA is approved.
Mar 11th 2015, 3:02 pm
#23
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Vwp
Someone with a denied ESTA can apply for ESTA again, but a VWP refusal is requires a visa to overcome.
Mar 11th 2015, 3:38 pm
#24
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,446
Re: Vwp
Interesting. So a VWP refusal at a PoE is "worse" than a visa application denial.
Mar 11th 2015, 4:02 pm
#25
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Vwp
Per 8 USC 1187 a visa is required to overcome the VWP refusal:
(g) Visa application sole method to dispute denial of waiver based on a ground of inadmissibility
In the case of an alien denied a waiver under the program by reason of a ground of inadmissibility described in section 1182 (a) of this title that is discovered at the time of the alien’s application for the waiver or through the use of an automated electronic database required under subsection (a)(9) of this section, the alien may apply for a visa at an appropriate consular office outside the United States. There shall be no other means of administrative or judicial review of such a denial, and no court or person otherwise shall have jurisdiction to consider any claim attacking the validity of such a denial.
Mar 11th 2015, 4:50 pm
#26
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Joined: Mar 2015
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Re: Vwp
Yes, if the formal refusal is completed. The passport notation he described indicates it was. He now has an alien file as a violator but was not ordered removed. It's unheard of for a VWP traveler to be sent back from an airport with VWP eligibility intact. Sometimes the eligibility is left intact at land crossings such as when the passport is expired, is missing an e-chip or something minor.
Per 8 USC 1187 a visa is required to overcome the VWP refusal:
(g) Visa application sole method to dispute denial of waiver based on a ground of inadmissibility
In the case of an alien denied a waiver under the program by reason of a ground of inadmissibility described in section 1182 (a) of this title that is discovered at the time of the alien’s application for the waiver or through the use of an automated electronic database required under subsection (a)(9) of this section, the alien may apply for a visa at an appropriate consular office outside the United States. There shall be no other means of administrative or judicial review of such a denial, and no court or person otherwise shall have jurisdiction to consider any claim attacking the validity of such a denial.
Per 8 USC 1187 a visa is required to overcome the VWP refusal:
(g) Visa application sole method to dispute denial of waiver based on a ground of inadmissibility
In the case of an alien denied a waiver under the program by reason of a ground of inadmissibility described in section 1182 (a) of this title that is discovered at the time of the alien’s application for the waiver or through the use of an automated electronic database required under subsection (a)(9) of this section, the alien may apply for a visa at an appropriate consular office outside the United States. There shall be no other means of administrative or judicial review of such a denial, and no court or person otherwise shall have jurisdiction to consider any claim attacking the validity of such a denial.
Mar 11th 2015, 5:41 pm
#27
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Vwp
There are too may variables to consider. It could come down to whether or not the Consular Official was intimate with their spouse the night before the interview or not. It will cost the visa fee to find out. Just don't lie to them or they can slap a lifetime bar on you for fraud or misrepresentation.
Mar 12th 2015, 12:13 pm
#30
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Joined: Mar 2015
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Re: Vwp
The hungarian Citizen can travel from 26 january 2015 free in Canada without a Visa,needs to have good ties and a medical exam! If my Esta Visa status is not approved to travel in USA,they will let me travel in Canada!?