keaki80

My son, who is 25, lost his passport in 2010. He got another passport and came over last March via Canada. At the US border he was questioned for ages. He was asked all about why he was refused an ESTA, (he wasn't) how long he had lived in Libya, (he hadn't ever)! that in 2006 he had overstayed his 90days, (he had forgotten to send back the green slip so it had seemed he had overstayed the 90 days - however he had been back and forth umpteen times since 2006) and eventually was told that they didn't even have to let him in.
They did - and he was told he had to go to the Embassy when he got back home and apply for a visa.
When he got back and eventually got around to doing that, he initially spent a lot of time on the phone to the Embassy explaining the situation and they said it wasn't necessary for him to have a visa, but he made an appointment to go there anyway.
However, he then did a quick rethink and realised he might not get his passport back before he was booked to return - going to New York - in June, so he cancelled the appointment with the Embassy.
He then applied for an ESTA with his new passport details, got it approved, took the chance, flew into JFK and got through there with no problems at all.

My husband and I are both worriers - and told him OK, it worked that time, but he should really go for the visa.. but he doesn't want to. He feels as he got in through JFK with no problems, (where one would imagine would be one of the strictest airports in the country) that it was just this local land border crossing that were just being picky.

He wants to come and visit again in Spring and it brings up this problem again. I'm sure it will be easier to fly into Vancouver again, so we still have to deal with the land border crossing. There are several, so the one that is reknown for being the strictest, pickiest, whatever - we can avoid.. but it still worries me and I would like everyone's opinion here.

Should he go for the visa?
Should he take his chances?

I really would appreciate your advice, then I can tell him if it is just me being a natural born worrier or not.

Thanks.

AmerLisa

Since you're in Washington, isn't it easier for him to fly into Seattle? Maybe easier?

ian-mstm

He probably shouldn't. If he applies for a visa and it's denied, he'll need to declare that visa denial on every subsequent visa application - including ESTA (which he'll need to update). Since there are only two possibilities when applying for a visa (approved or denied), if the interviewing officer says he doesn't need a visa and to use ESTA, that will still count as a visa denial which must then be declared... because the visa clearly was not approved, and there's only two possible outcomes. A visa denial will almost always result in an ESTA denial if the ESTA application (which must be redone after a denial) is within 6 months or so of the visa denial.

My suggestion - he should not apply for a visa until he is actually refused entry to the US.

Ian

keaki80

Thanks for the two suggestions!

Coming in to Vancouver always works best for my visitors as they prefer to leave from Gatwick - and for us we have Nexus so can be at the airport in less than an hour! SeaTac is quite a haul and visitors often arrive around 5, so it's always busy. But it's a thought.

And thanks, Ian, for your input. I'm sure your advice is what my son would prefer to hear.