Denied ESTA & B2-What Next?

[JamesJ247 0]

My case is as follows; I have been in the US working under the H2b Scheme for the past 18 months or so(November 2009-May 2011)-this was my time out from the real world-I left my last position on May 30th 2011 as i didn´t like the job-this was an extension to my last visa(I was in Chicago). On June 11th 2011, I went in to the customs office at Minneapolis airport(I was visiting friends) to ask about the ability to travel on my visa at which point I was detained and handed over to ICE, I was held in custody until June 28th 2011 when I was granted a voluntary departure by an immigration judge. I departed the US on July 7th 2011 bound for London.

Later that month (July 22nd 2011) I applied for a B2 visa(My ESTA had been denied) in London (am a UK Citizen) as I am ineligible for the VWP to which I denied as I didn’t hold a job and have sufficient ties-realistically I haven’t lived in London for a number of years and I only applied there that´s where my last visa was granted (October 2010).

I hold residency in Spain, which is where I live now and also where my first visa was granted in 2009-I´ve lived in Spain since 2006.

My situation is that I now work for a global investment company and I am expected to travel to the US to meet clients-my first trip with the company would be in December then again in January 2012 and probably more throughout the year. These are multi-million $ deals for the company and would be more than just an embarrassing situation if I couldn’t make it.

We have an office in the US and also the US arm is registered LLC.

I started work the company on August 18th 2011 and foreign travel is part of the role.

Ive already tried applying for another ESTA but that was also refused.

I need to apply for a B1 but would also like the B2 part as I would like the option at another time to vacation there or travel through the US, something I cant do at the moment.

Please could you let me know your thoughts/suggestions on this matter.

[newlyweds2010 208]

I would say that your best bet is to prove that you have strong enough ties to Spain (through your job, assets, family, etc.). The ESTA will always be denied because one of the conditions is that you have never been denied a visa - which you have. Frankly I don't see any other ways around it. Do you know for sure that the previous visa denial was only based on the lack of ties? In any event, you are employed by the European company, not the US LLC, right? because the B visa would be for business only, not employment. if they see that your employer is a US company, they will hammer you.

[MalaysianGirl 26]

I concur with newlyweds2010. Try applying for the B1 visa with very very good proofs of strong ties to Spain.

[Harsh_77 718]

If you are applying for B1, then you would be required to show proof that your company requires you to travel and show ehough supporting evidence for the same.

[JamesJ247 0]

I would say that your best bet is to prove that you have strong enough ties to Spain (through your job, assets, family, etc.). The ESTA will always be denied because one of the conditions is that you have never been denied a visa - which you have. Frankly I don't see any other ways around it. Do you know for sure that the previous visa denial was only based on the lack of ties? In any event, you are employed by the European company, not the US LLC, right? because the B visa would be for business only, not employment. if they see that your employer is a US company, they will hammer you.

Yes my previous visa denied due INA 214b-lack of ties but this was in London and i only went there as that´s where my last visa was approved. The company i work for is headquartered in Spain and is European, although we have a US division in Florida under a LLC-I´m guessing that i should make no reference to that?

My ties to Spain are my job, the house i rent under contract and the fact that i´ve been here since 2006(with the exception of time spent in the US) . No family here, they are all in the UK. I´m guessing that i wouldn't need to show proof of funds as my company are paying and one my directors is also coming with me.

The only thing I´m doing in the US is meeting clients from Australia in Florida and then Going to LA for more meetings.

Also both my expired visas were stamped with "Cancelled With Out Prejudice" does this mean anything?

[Rebecca Jo 1,962]

I find it hard to believe that the global investment company that is sending you out on multi-million dollar deals doesn't have an attorney to sort this out for you.

[Boiler 46,013]

I was thinking the same, especially as you are on such a tight schedule and have such a difficult case.

Definitely see what they can do to help.

[Kathryn41 3,205]

I agree with Rebecca Jo - your company's lawyer should be assisting you with this.

Cancelled Without Prejudice means that there has been no finding of fraud against you and this cancellation should not impact on any future visas for which you are eligible.