Visitors Visa

[Mrs S91 0]

hey everyone,

I am in kinda of a dilemma. I applied to study in the US back in 2010 and was denied. i have now decided to stay in the UK and study starting in September 2011. I applied through ESTA as i wanna visit the states in July because i could normally travel under the waiver program and my travel was not authorized, i am assuming this is because of my passed visa denial. i just wanna know if i have to go through the process of applying for a tourist visa or if there is anyway to change to ESTA decision??

[Brother Hesekiel 2,236]

If you have applied for a visa and your application has been denied, you are not eligible to use the VWP anymore. In this case you are required to apply for a B2 visa, indeed.

I have no idea if you can appeal the ESTA process, but with a few selected top attorneys, a million dollar budget and and a decade or two available to you, it may be possible to challenge it through the court system. Nothing is unimpossible.

[Mrs S91 0]

thanks bob!

Its 6 months since my visa denial.... is this sufficient time before i apply for a visitors visa?

[karen201 0]

Is your case pending or petition filed in USA. I am under the same position. Student visa denied and I for married after to a USA national and file pending.

I have question for people who may be in the same position. I have ESTA valid until 2012 and my student visa was denied in August last year before my marriage.

My I-130 is pending and I want to know if I visit my husband in USA would I have problem or do you think I may have to apply for ESTA again as F1 visa was denied?

Please advice

[Harsh_77 718]

thanks bob!

Its 6 months since my visa denial.... is this sufficient time before i apply for a visitors visa?

Since your visa has been denied you are no longer eligible for VWP. You will have to apply for any kinda visa yod need, once a visa is denied it is assumed that you would try every resource available to you to get into US and one of the way could be VWP.

I would disagree with BOB even with million dollar budget or top lawyer and 2 decade you cannot challenge ESTA - That are the rules laid out by that country on how they want to operate and what regulation to follow or not to follow are upto that country.

At the interview you will have to prove you have strong ties and you are not looking to migrate, I am not sure why your student visa was denied, but my guess is coz you did not have strong ties to your home country and you were possible migrant.

[Harsh_77 718]

Is your case pending or petition filed in USA. I am under the same position. Student visa denied and I for married after to a USA national and file pending.

I have question for people who may be in the same position. I have ESTA valid until 2012 and my student visa was denied in August last year before my marriage.

My I-130 is pending and I want to know if I visit my husband in USA would I have problem or do you think I may have to apply for ESTA again as F1 visa was denied?

Please advice

You had ESTA before your visa was denied - your ESTA is no longer valid.

You will have to wait until you have your visa application processed now based on your marriage to USC.

Any other attempt to enter US would be considered you are circumventing the system and you do not want to wait until your visa is processed based on your marriage and hence would be denied.