Visa waiver program only applicable under certain conditions?

[Stu4Lee 66]

UPDATE: So today I went to my embassy to apply for the B-2 in my Belize passport. One of the first questions I was asked was if I had ever had a Visa before. To which I replied yes, I had an H1-B. When she looked for it in my passport and couldn't find it, she asked where it was. I told her it was in my other passport. She informed me I must use the same passport I have the old H1 Visa in to apply for any other Visa. I explained it was in my UK passport. I was promptly informed that I was to apply for an ESTA and enter on VWP. I told her the last time I was told by CBP to get a B-2. She objected and said she could not issue B-2 in Belize passport, it had to be issued in the UK passport, because thats the one my old H1 and F1 was in. I would still have a Visa-less Belize passport. She told me again to apply for ESTA, and use VWP. She was very frank about this lol.

Did you get any paperwork informing you of a denial ?

Seeing as you were told to apply for ESTA, very harsh if this is considered a visa denial.

[Boiler 45,525]

Did you get any paperwork informing you of a denial ?

Seeing as you were told to apply for ESTA, very harsh if this is considered a visa denial.

OP said he was denied a B2.

[Harpa Timsah 13,258]

As I read it, I don't think the OP actually applied. He said he went to apply but after a long conversation was told he couldn't apply. He was told he had to apply on the passport with his visas (UK) and told to go apply for ESTA instead. That doesn't count as a visa denial - it was merely a conversation. But it doesn't really matter - he can manage it or face the consequences. Either way, it will be managed.

Edited January 21, 2012 by Harpa Timsah

[Stu4Lee 66]

OP said he was denied a B2.

I presume you get a refusal letter or stamp with a reason for refusal? Is a passport stamped too?

I would love to see the reason given in this case, I don't think he was, but I can wait for the OP to respond.

[Boiler 45,525]

As I read it, I don't think the OP actually applied. He said he went to apply but after a long conversation was told he couldn't apply. He was told he had to apply on the passport with his visas (UK) and told to go apply for ESTA instead. That doesn't count as a visa denial - it was merely a conversation. But it doesn't really matter - he can manage it or face the consequences. Either way, it will be managed.

You normally do not get an opportunity to have a conversation.

They want your money and your application first.

Plus they are not their to provide you guidance.

[tigey 10]

You normally do not get an opportunity to have a conversation.

They want your money and your application first.

Plus they are not their to provide you guidance.

No i didnt submit the application at all. I was just having a convo with the woman in the office.

[Adriene H 89]

Off with their head.

Let them eat cake

[Boiler 45,525]

No i didnt submit the application at all. I was just having a convo with the woman in the office.

At least you did not apply for a Visa.

You are assuming this lady knows what she is talking about.

The UK equivalent is called the Misinformation Line.

Edited January 22, 2012 by Boiler

[Stu4Lee 66]

At least you did not apply for a Visa.

You are assuming this lady knows what she is talking about.

The UK equivalent is called the Misinformation Line.

Can't help but wonder if you would have posted the same, if he had been denied, just saying

[Boiler 45,525]

I would expect him to be denied a B2.

There are always exceptions.

[Harsh_77 718]

If you feel you have been treated unfairly you have two options:

Submit a Complaint

Traveler Redress Inquiry Program

Second link about Readress would not work. It is for the ppl who are put on the TSA/Customs watch list for having similar names with terrorist or had some error against their name in DHS data can pply for Readdress and if they are cleared they get a Readress number.

[Krikit 1,164]

Second link about Readress would not work. It is for the ppl who are put on the TSA/Customs watch list for having similar names with terrorist or had some error against their name in DHS data can pply for Readdress and if they are cleared they get a Readress number.

You are misinformed.

[Harsh_77 718]

You are misinformed.

Krikit.... Redress would not work for OP, OP had issue as he is dual citizen and one of the passport gives him VWP benefits so he was living in country which does not have VWP benefits but to travel to US he was using his other passport and CBP officer was not happy with that.

OP's did not have any erroneous information, once someone goes thru redress process and are cleared they get a redress number.

Your first link is correct if OP is not happy and thinks he was not treated right by CBP officer he can file a complaint, but there is nothing in the case to redress.

I am always being stopped for questioning and inspection when clearing Customs and Border Protection. What can I do about it?

•Situations where travelers believe they have been unfairly or incorrectly delayed, denied boarding or identified for additional screening at our nation's transportation hubs

•People who have been repeatedly identified for additional screening can file an inquiry to have erroneous information corrected in DHS systems you may submit a request for redress though the Department of Homeland Security's Traveler Redress Inquiry Program.

•You will be asked to provide your full name, address, date of birth, and a clear photo copy of the photo page of your passport if you have one. You will need to complete and submit U.S. Citizenship and Immigration Services (USCIS) Form G-639. After receiving your request, various law enforcement records will be searched and appropriate action taken, if warranted.

•The Redress Control Number is the record identifier for people who apply for redress through the DHS Travel Redress Inquiry Program (DHS TRIP). DHS TRIP is for travelers who have been repeatedly identified for additional screening and who want to file an inquiry to have erroneous information corrected in DHS systems.

•Airlines will modify their reservations systems to allow passengers who have a 7-digit redress number to enter it when making their reservation.

[newlyweds2010 208]

Are there unspoken rules regarding US immigration? where does it say that you have to apply for a tourist visa with the same passport on which you have an H or F visa?

In any event, the country of residence has NO RELEVANCE when it comes to WVP: my brother is a resident of a non-VWP country, but has an Italian passport. When he came to visit me, the CBP officer asked him why he was on a plane from a third country instead of from Italy. He told them that he lives and works there, and that was it. No visa required.

[Harsh_77 718]

I don’t think there is a spoken or unspoken rule about which passport to use to enter US, one with VWP privileges or not.

Same time I think its upto CBP officer if he feels the guest entering the country is misusing the privileges he does reserve a right to refuse the entry or caution the Guest.