B2 Visa denied, want to use ESTA

[Harsh_77 718]

I got denied a F-1 visa in October 2010. In February I did a new ESTA. I was honest and marked 'yes' at the question 'have you ever been denied a visa....'. I guess it took a few hours until I got my result but I was approved!! I flew in May 2011 to the states, had to go to secondary inspection for questioning. They asked the normal questions and they asked me about the denied visa, had to fill out extra letters to see, if I'm honest again with the denied-visa-question and I was. I also flew in August 2011 to the states, had to go to secondary inspection again but this time for travelling on a pending K-1 petition! I got in both times and had no real trouble

Yes as per your post you waited 7 months.... thats exactly what is adviced to OP that she needs to wait.

There is nothing that can be done at this point that she could get he an entry next week.

[Boiler 45,979]

You are much more likely to get ESTA approved after 6 months than a B2.

I have had a visit to secondary, not nice, and from what I have read being held pending your return is a lot worse.

[Sabine&Mike 2]

Oh thats great news ... i am gonna apply for another B2 visa in a couple of months. This time go more prepared to my interview. The first time round i really was not prepared because i truly didnt think the interview with be so hard considering im from the UK. But that was me being naive i guess

I would try ESTA first before applying for another B2 visa. It is more likly to get the ESTA approved than a B-visa. Usually you don't need a visa to go to the states, because of the VWP. Even you have a lot of ties, there is still the question...why does she need a visa, if she can use the ESTA! That's just my thought!

Yes as per your post you waited 7 months.... thats exactly what is adviced to OP that she needs to wait.

There is nothing that can be done at this point that she could get he an entry next week.

I waited 4 month to do the ESTA and yes, 7 month for the entry to the states.

Unfortunately, that is true

[Mia.Gaga 1]

I would try ESTA first before applying for another B2 visa. It is more likly to get the ESTA approved than a B-visa. Usually you don't need a visa to go to the states, because of the VWP. Even you have a lot of ties, there is still the question...why does she need a visa, if she can use the ESTA! That's just my thought!

I waited 4 month to do the ESTA and yes, 7 month for the entry to the states.

Unfortunately, that is true

Hi Sabine and Mike ... called the US embasy today and asked for advice, explained my sitation and they said best thing to do is come back for another interview with a letter from my employer. They said i can no way use the ESTA.

[Sabine&Mike 2]

Hi Sabine and Mike ... called the US embasy today and asked for advice, explained my sitation and they said best thing to do is come back for another interview with a letter from my employer. They said i can no way use the ESTA.

When my fiance calles the Department of State to ask what we or I could do, he got told the same thing!

I'm not telling you, what you have to do or which way to go I was just trying to help a little with my story

I wish you good luck with the next appointment and I really hope you will get the visa crossing fingers

[Mia.Gaga 1]

When my fiance calles the Department of State to ask what we or I could do, he got told the same thing!

I'm not telling you, what you have to do or which way to go I was just trying to help a little with my story

I wish you good luck with the next appointment and I really hope you will get the visa crossing fingers

Of course, and thank you for your advice. I will let you know how it goes I need to keep positive. But I know how mean the embassy can be

[Mia.Gaga 1]

Of course, and thank you for your advice. I will let you know how it goes I need to keep positive. But I know how mean the embassy can be

I got my visa!!!! ))

[GandK 168]

I got my visa!!!! ))

Hey, great for you! congratulations!

So much worrying for nothing huh? I knew you just have to be well-prepared with documents to show when dealing with immigration, there wouldn't be any problem

[Mia.Gaga 1]

Hey, great for you! congratulations!

So much worrying for nothing huh? I knew you just have to be well-prepared with documents to show when dealing with immigration, there wouldn't be any problem

Thank you ?

[zefaster 0]

I live in Brazil and run my own business in the Southern city of Curitiba. I am 36 years old, married for 10 years and father of two.

Since I travel quite often (usually at least once a year) to the US, both for business and tourism, and Brazil is not part of the VWP, I have had a B1/B2 visa for a long time (more than 20 years), constantly renewed.

The last time I had it renewed had been in 2008, when I got a five-year term.

My wife's family has been planning a Florida vacation for Christmas and New Year since February, and, noting that my visa was due in August, I contacted the US Consulate General in Sao Paulo for the renewal procedure.

They run a CSC Visa Information Service, so for simple procedure such as mine one does not need to visit the Consulate. It is a very straightforward process, in that you schedule an appointment online, pay the fees, deliver the passport and documents physically after a short trip (an hour flight from my city) and, usually after a week, have the passport sent by courier to your home. That is what was supposed to happen to me.

I visited the CSC on Aug 8th. The window guy received the passport, stamped my documents and said "Have a nice trip. In a few days the passport will be returned to you".

A week later I did receive my passport back in a package. But without the visa. Along with it, there was a plain letter saying "RECALL. Please schedule an interview at the Consulate for continuation of the visa issuing process.", and a phone number.

New schedule. Aug 30th at the consulate. Another plane ticket. There I went again to Sao Paulo.

This time, an American Consular Officer, not a Brazilian guy like in the CSC. Things are really supposed to be different and more "official" at the Consulate, I thought. She barely spoke any Portuguese, so I told her no problem for doing the interview in English.

She was relieved and, upon checking my case on the system, stated to me: "You have a small problem. Someone has a common name with you, and this raised a red flag in our system. This will need Administrative Processing. Sorry for that. I can see here it is not you, obviously, but there are rules and we must comply with them".

Then, she gave me a leaflet printed on a yellow form, saying 221(g), and requiring additional information for my case - specifically, travel history for the past 10 years, family history, work history and school transcripts.

She returned my passport and told me that this process is simple, but could take some time. In the folder, it also states that my visa is denied while the administrative process is on.

I rushed back home and sent all the documents to the Consulate, as requested. They sent me a confirmation email of this, and nothing more.

Checking my case on the CEAC status tracker, the last update is Aug 30th - the day I visited the Consulate.

In the mean time, I got my Italian citizenship process in place (I am a direct descendant of Italians, so I have double citizenship - Brazilian and Italian) and had an Italian passport issued a few days ago.

I am wondering if I should (and could) try to register at ESTA for travel with the Visa Waiver Program.

Would it work? Am I subject to any problems upon arriving at the US? Both my wife and two daughter still don't have the Italian passport, just the Brazilian, because their citizenship processes are still under way, but they all have valid B2 visas for the US.

If not, is there anything I could do to speed up my case?

I am really becoming very disappointed with this situation and would like to hear what are my possibilities after all...

Thanks to all and best wishes!

Jose

[zefaster 0]

Just updating to myself, anyway. This could be useful for others. ESTA was denied. I am stuck. No reply at all from the Consulate after 60 days. Just waiting, and will have to cancel my trip soon. Best of luck to all.

[aaron2020 11,651]

Just updating to myself, anyway. This could be useful for others. ESTA was denied. I am stuck. No reply at all from the Consulate after 60 days. Just waiting, and will have to cancel my trip soon. Best of luck to all.

Of course ESTA was denied. You were recently denied a visa. It doesn't matter if you switch passports because you have dual citizenship. A recent denial for a visa will mean you cannot use ESTA. This is well known. Switching passports does not give you a clean slate.

[zefaster 0]

I would really like to know why my slate is not clean... what is my fault in having a common name (if this is true at all...)

Administrative processing is a nightmare. Only those who have fallen into it know.

Apart from that, there are other cases around in which people had visas denied for far more serious reasons and got their travel authorized after applying for ESTA on another citizenship.

But I got denied as the rules say. Bad for me. Unlucky me.

Regards

[Asia 2,499]

after applying for ESTA on another citizenship.

But the thing is that ESTA is for a person, not for citizenship (well apart from the fact that you have to be a citizen of VWP country to be able to apply for ESTA).

[Boiler 45,979]

ESTA is usually denied, not always.

And I do not know why some are and some are not.

I am going to guess in this case the same reason you were put in AP.