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-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   Will I get in? (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/will-i-get-519157/)

mrburgess187 Mar 4th 2008 6:45 pm

Will I get in?
 
I am going to Boston, Chicago & Los Angeles on March 15th with my Mum for 9 days, I am then going to stay with friends for 4 weeks in Los Angeles before returning back to England. Our flights are booked.

However, I recently applied for a B1/B2 visa and was denied it due to a lack of commitment to the UK. Now I am worried because I have to check yes on the waiver they won't let me in.

I was on a J1 from May 06-07 and have been back on 2 VWP the last half of 07.

Thanks

Symon

fatbrit Mar 4th 2008 7:00 pm

Re: Will I get in?
 
Probably not.

Ray Mar 4th 2008 7:02 pm

Re: Will I get in?
 

I was on a J1 from May 06-07 and have been back on 2 VWP the last half of 07.
Why apply for the B-2 ??
how long were your 2 stay on the VW??

Lilyella Mar 4th 2008 7:10 pm

Re: Will I get in?
 
Do you have anything to show proving ties to the UK? Letter from an employer, rent/mortgage statement, college start date? It's likely that when you try to enter the US you'll be asked for evidence that you're going to leave. If you don't have anything, it may be touch and go.

mrburgess187 Mar 4th 2008 7:10 pm

Re: Will I get in?
 

Originally Posted by fatbrit (Post 6017001)
Probably not.

thanks

mrburgess187 Mar 4th 2008 7:12 pm

Re: Will I get in?
 

Originally Posted by Ray (Post 6017009)
Why apply for the B-2 ??
how long were your 2 stay on the VW??

I applied for it because I went and came back to the U.S within 2 weeks back in September and Immigrattion advised me to apply for one, she said your british and you'll have no problem getting one and it'll make it easier for you. i was on the vwp for 10 weeks and 12 weeks, returned dec 17th and leave march 15th

Ray Mar 4th 2008 7:13 pm

Re: Will I get in?
 

Originally Posted by mrburgess187 (Post 6017059)
I applied for it because I went and came back to the U.S within 2 weeks back in September and Immigrattion advised me to apply for one, she said your british and you'll have no problem getting one and it'll make it easier for you. i was on the vwp for 10 weeks and 12 weeks, returned dec 17th and leave march 15th

OOh.... pushing the limits a bit ....
Hardly normal tourist use .....

Is it a women or a job ...

fatbrit Mar 4th 2008 7:14 pm

Re: Will I get in?
 

Originally Posted by mrburgess187 (Post 6017049)
thanks

You have red flags all over the place.

mrburgess187 Mar 4th 2008 7:15 pm

Re: Will I get in?
 

Originally Posted by Lilyella (Post 6017047)
Do you have anything to show proving ties to the UK? Letter from an employer, rent/mortgage statement, college start date? It's likely that when you try to enter the US you'll be asked for evidence that you're going to leave. If you don't have anything, it may be touch and go.

I can get a letter from my employer. not going to college, did that a few years back. have no house although looking to buy. I have debts uptp 17k, I also have investments in the UK too. I have a car, car insurance.

I don't know what to show? Debt could be good or bad. hey ive 17k, i am running to the usa so i don't have to pay it OR i have 17k of bebt tieing me to the uk?

mrburgess187 Mar 4th 2008 7:16 pm

Re: Will I get in?
 

Originally Posted by Ray (Post 6017062)
OOh.... pushing the limits a bit ....
Hardly normal tourist use .....

Is it a women or a job ...

neither. I told them what i was doing, i did some travelling then partying and researching ideas for a business to start in the uk.

I am now writing a tv show aimed at students. That was the idea I had when over there.

I lived on credit cards (which I have proof of). I would never work, its illegal. I just had a lot of fun!

mrburgess187 Mar 4th 2008 7:17 pm

Re: Will I get in?
 

Originally Posted by Ray (Post 6017062)
OOh.... pushing the limits a bit ....
Hardly normal tourist use .....

Is it a women or a job ...

there were a few woman though...

Ray Mar 4th 2008 7:18 pm

Re: Will I get in?
 

Originally Posted by mrburgess187 (Post 6017078)
neither. I told them what i was doing, i did some travelling then partying and researching ideas for a business to start in the uk.

I am now writing a tv show aimed at students. That was the idea I had when over there.

I lived on credit cards (which I have proof of). I would never work, its illegal. I just had a lot of fun!

Good luck to you ...you may be lucky

Lilyella Mar 4th 2008 7:20 pm

Re: Will I get in?
 
I would take evidence of all you've got except the debt stuff, I don't know that it would help and as you say, it might hurt! But proof of a job, a car and investments in the UK will all help, although there are of course no guarantees...and don't show anything unless you're asked.

fatbrit Mar 4th 2008 7:21 pm

Re: Will I get in?
 

Originally Posted by mrburgess187 (Post 6017078)
neither. I told them what i was doing, i did some travelling then partying and researching ideas for a business to start in the uk.

I am now writing a tv show aimed at students. That was the idea I had when over there.

I lived on credit cards (which I have proof of). I would never work, its illegal. I just had a lot of fun!

You're certainly in for a trip to secondary. You should plan what you're going to do when they say no. Because it's more than a possibility.

mrburgess187 Mar 4th 2008 7:22 pm

Re: Will I get in?
 

Originally Posted by Ray (Post 6017086)
Good luck to you ...you may be lucky

Have you heard about a lot of people being denied on here Ray? Any advice from yourself?

mrburgess187 Mar 4th 2008 7:23 pm

Re: Will I get in?
 

Originally Posted by Lilyella (Post 6017097)
I would take evidence of all you've got except the debt stuff, I don't know that it would help and as you say, it might hurt! But proof of a job, a car and investments in the UK will all help, although there are of course no guarantees...and don't show anything unless you're asked.

Thanks Yilella, I will

Ray Mar 4th 2008 7:25 pm

Re: Will I get in?
 

Originally Posted by mrburgess187 (Post 6017111)
Have you heard about a lot of people being denied on here Ray? Any advice from yourself?

It does happen ...you have to remember that the average American
get 2 or 3 week vacation time .. It can be difficult for them to understand
how people can get away so long ...

mrburgess187 Mar 4th 2008 7:25 pm

Re: Will I get in?
 

Originally Posted by fatbrit (Post 6017106)
You're certainly in for a trip to secondary. You should plan what you're going to do when they say no. Because it's more than a possibility.

Do u know of many people this has happened to fatbrit? What are the rules?

They told me I should be in my country more than theres. I was there for 3 months and have been back for 3 months. What do they judge it on. Will they such my luggage? Will they interview my mum?

mrburgess187 Mar 4th 2008 7:28 pm

Re: Will I get in?
 

Originally Posted by Ray (Post 6017123)
It does happen ...you have to remember that the average American
get 2 or 3 week vacation time .. It can be difficult for them to understand
how people can get away so long ...

No i totally understand that. But what if I am not employed though? I am also doing further research for my student show too. (I do have a job just taking a leave of absence)

ian-mstm Mar 4th 2008 7:40 pm

Re: Will I get in?
 

Originally Posted by mrburgess187 (Post 6017126)
They told me I should be in my country more than theres.

That is the general rule.



I was there for 3 months and have been back for 3 months.
So far, so good.



What do they judge it on.
We would tell you... if we knew! There doesn't seem to be any rhyme or reason to it. The officer will let you in for as long as he sees fit... or not. A lot depends on whether the person had a fight with his spouse that morning, whether he ate a good breakfast, whether he got schtupped the night before, whether he's tired... got a headache... a back ache... there really isn't any way to know for sure. It is completely subjective.



Will they such my luggage? Will they interview my mum?
Yes to both... they have that right, and the only way to avoid either with absolute certainty is to not travel.

Ian

Manc Mar 4th 2008 8:05 pm

Re: Will I get in?
 
Why did you apply for a B visa?

fatbrit Mar 4th 2008 9:23 pm

Re: Will I get in?
 

Originally Posted by mrburgess187 (Post 6017126)
Do u know of many people this has happened to fatbrit? What are the rules?

They told me I should be in my country more than theres. I was there for 3 months and have been back for 3 months. What do they judge it on. Will they such my luggage? Will they interview my mum?

You have no rights whatsoever (except that we did learn some while back that in one circuit (not Boston) there's a right to sue them for damages if they decide to beat you up). It's all at the whim of the POE officer, or more likely his/her supervisor. Be incredibly polite, take evidence of ties to UK.....and that's about it. Neither funny handshakes nor secret code words have been shown to work.

Folinskyinla Mar 4th 2008 10:00 pm

Re: Will I get in?
 

Originally Posted by mrburgess187 (Post 6016948)
I am going to Boston, Chicago & Los Angeles on March 15th with my Mum for 9 days, I am then going to stay with friends for 4 weeks in Los Angeles before returning back to England. Our flights are booked.

However, I recently applied for a B1/B2 visa and was denied it due to a lack of commitment to the UK. Now I am worried because I have to check yes on the waiver they won't let me in.

I was on a J1 from May 06-07 and have been back on 2 VWP the last half of 07.

Thanks

Symon

Hi:

You will have no problem whatsover entering the United States IF the CBP inspector at the Port of Entry admits you. If not, then you go home on the next flight, no harm, no foul except being out the plane fare.

meauxna Mar 4th 2008 10:30 pm

Re: Will I get in?
 

Originally Posted by Ray (Post 6017123)
.. It can be difficult for them to understand
how people can get away so long ...

Or why someone would live on credit cards for 6+ months (are you MAD, man?!)


Originally Posted by mrburgess187 (Post 6017126)
They told me I should be in my country more than theres. I was there for 3 months and have been back for 3 months.

You were NOT 'here' for 3 months, you were here for 6 months, and that was on top of a year long J-1 exchange. You will piss them off if you take that kind of logic.

scrubbedexpat099 Mar 5th 2008 12:18 am

Re: Will I get in?
 
I can never work out if it is a deliberate ploy by the POE to tell people to apply for a B. Do they realise that most will be refused? I have seen too many posts not to believe that this happens frequently. And it makes little difference even if you get one as to whether you will be admitted.

I would make sure that I had in my luggage a letter from my Employer noting the date of my return and a few recent pay slips.

But however you look at it, it is a gamble. I cancelled my Car Insurance from the US, had forgotten to do it, and I had plans to get my Brother to sell my car, luckily I sold it just before I moved.

As a matter of interest, how do you buy a property with a minus assets of GBP17,000.

scatty Mar 5th 2008 6:25 am

Re: Will I get in?
 
There is no guarantee that you will get in, but that applies to all that try and enter the USA. The final determination to allow entry rests solely with the officer at the POE

If you come on the VWP you must tick the YES box that states have you ever been denied a visa, you may well be taken for secondary questioning so should takes proof of strong social, emotional , family and financial ties with your home country

Deedee13 Mar 5th 2008 10:45 am

Re: Will I get in?
 

Originally Posted by scatty (Post 6019215)
There is no guarantee that you will get in, but that applies to all that try and enter the USA. The final determination to allow entry rests solely with the officer at the POE

If you come on the VWP you must tick the YES box that states have you ever been denied a visa, you may well be taken for secondary questioning so should takes proof of strong social, emotional , family and financial ties with your home country

i am curious why for such a short visit u applied for a B visa in the first place..... can u elaborate

augigi Mar 6th 2008 12:23 am

Re: Will I get in?
 
A lot of people seem to think having a B visa in hand gives them more right of entry than the VWP.

mrburgess187 Mar 6th 2008 2:42 am

Re: Will I get in?
 

Originally Posted by Manc (Post 6017313)
Why did you apply for a B visa?

Because the last time I went though the Officer, some nice lady who to be fair was really quite friendly said if I plan on coming a lot or staying for a while then I should get one. She said it was obvious I wansn't trying to stay and being british helped a lot.

So I did and now I feel an Idiot. I think they do it on purpose

mrburgess187 Mar 6th 2008 2:47 am

Re: Will I get in?
 

Originally Posted by meauxna (Post 6018076)
Or why someone would live on credit cards for 6+ months (are you MAD, man?!)



You were NOT 'here' for 3 months, you were here for 6 months, and that was on top of a year long J-1 exchange. You will piss them off if you take that kind of logic.

Not mad, just figured I live once and I have plans, that debt will be cleared before long!

What can I say, I had a good time. At the end of the day, I am helping them boost their economy!

mrburgess187 Mar 6th 2008 2:49 am

Re: Will I get in?
 

Originally Posted by augigi (Post 6023565)
A lot of people seem to think having a B visa in hand gives them more right of entry than the VWP.

I wouldn't say that but for me looking at it, the Embassey spends more time reviewing you and your documents so their voice is effectivly louder than theirs. Thats why I am worried, I know I am not applying for a B2 but I am trying to gain entry. We'll see.

EVERYONE HERE WILL BE THE FIRST TO KNOW IF I DO AND WHAT HAPPENED!

THANK YOU EVERYONE ON YOUR ADVICE AND HELP. I AM LEAVING MARCH 15TH SO PLEASE, FINGERS CROSSED

crg Mar 7th 2008 6:59 am

Re: Will I get in?
 

Originally Posted by Folinskyinla (Post 6017932)
Hi:

You will have no problem whatsover entering the United States IF the CBP inspector at the Port of Entry admits you. If not, then you go home on the next flight, no harm, no foul except being out the plane fare.

What happens if the next flight isn't for a couple of days? Where does he go then? I wouldn't call a night or two in a detention center no harm/no foul.

crg Mar 7th 2008 7:06 am

Re: Will I get in?
 

Originally Posted by augigi (Post 6023565)
A lot of people seem to think having a B visa in hand gives them more right of entry than the VWP.

A visa does give someone more rights than the VWP because signing the VWP form waives a lot of rights. For example, if you were to seek entry under the VWP and they accused you of having a criminal record that you didn't have, they can still just remove you from the US. If you had a visa, you could go before an immigration judge and be allowed the opportunity to prove that the record wasn't yours.

Also, you have more rights once admitted to the US. If you entered under VWP and they decide to remove you, they can just lock you up, and order you removed with a 10 year bar without any review of their decision. If you had entered with a visa, you would usually be entitled to a hearing and most likely could post bond.

Deedee13 Mar 8th 2008 2:02 am

Re: Will I get in?
 

Originally Posted by crg14624 (Post 6029441)
What happens if the next flight isn't for a couple of days? Where does he go then? I wouldn't call a night or two in a detention center no harm/no foul.

there is always a flight! Not necessarily with the carier u came on!!! The planes coming in are the ones going straight back out again! So no worries there about staying in secondary for days on end.

A wierd observation tho, I have seen more and more being denied entry on the planes going back the past couple of months.

scrubbedexpat099 Mar 8th 2008 2:56 pm

Re: Will I get in?
 
I have seen posts from those stuck overnight, unsual for it to be days on end.

Last time I flew, we could not land due to weather and got sent back to Denver, took us 2 days to get another flight, Holiday season, all booked.

lostinspain Mar 8th 2008 3:12 pm

Re: Will I get in?
 

Originally Posted by Boiler (Post 6034520)
I have seen posts from those stuck overnight, unsual for it to be days on end.

Last time I flew, we could not land due to weather and got sent back to Denver, took us 2 days to get another flight, Holiday season, all booked.

Just wondered if your visa denial is stamped in your passport? I had a friend who applied for F1 visa after being in the US for 2 yrs on some other type of visa and they didn't give him F1 but didn't stamp his passport. They told him (and gave him a letter) if he brings more evidence of ties with the UK they will look at it again. He didn't have a problem getting back to the US on WV for holiday this Christmas. But he didn't say his visa was refused as he said someone told him that his visa was not refused since his passport was not stamped. I AM NOT SURE THAT IS CORRECT.

Another thing is, he went from Dublin as Dblin has POE so if they refuse him at least he didn't have to fly back.

I hope this helps somewhat.

I wish I was in the US as tired of being in Spain.

scrubbedexpat099 Mar 8th 2008 6:17 pm

Re: Will I get in?
 
They scan you passport, never had an Immigration Officer check for stamps.

Sounds like he was refused.

crg Mar 8th 2008 7:14 pm

Re: Will I get in?
 
I think he's talking about the consular officer placing the "application received" stamp in the passport. I believe they stopped doing that a couple years ago.

lostinspain Mar 8th 2008 7:14 pm

Re: Will I get in?
 

Originally Posted by Boiler (Post 6035364)
They scan you passport, never had an Immigration Officer check for stamps.

Sounds like he was refused.

I just rang him as I think this is important for people who were refused visa in the past and he told me that he said "no" when completing the form for VW as someone adviced him that this is what he should do. In his letter from the Embassy it says something along the lines "we can't give you F1 visa at this time as not enough ties with the UK, but if you bring more evidence we will look at it again but can't promise anything" or something like that. But he had no problem entering US on VW for 3 months hols.

Thinking about it, "not enough ties..." He had a child studying in the UK and the wife also who was working at the time. he was just on 1 yr transfer in the USA and decided he wants to do a masters but left US when his L1a was not renewed. Not enough ties? What more did they want? Strange.

Oh yes, they said he was long enough in the US (just over a yr!!!!) to establish ties with the US, so he couldn't reenter probably this soon after leaving. Very complicated to get into USA I know.

crg Mar 8th 2008 7:54 pm

Re: Will I get in?
 

Originally Posted by Deedee13 (Post 6032976)
there is always a flight! Not necessarily with the carier u came on!!! The planes coming in are the ones going straight back out again! So no worries there about staying in secondary for days on end.

A wierd observation tho, I have seen more and more being denied entry on the planes going back the past couple of months.

I remember a person who arrived on a Wed and the next flight back wasn't until Saturday.


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