Will I be able to get a B2 with my circumstance?

[lileepad 3]

Hi all,

I had posted a topic earlier on whether I would be able to go through ESTA as I am a New Zealand passport holder.
Long story short, I was denied for a J1 visa back in March 2013 because the consular at that time believed I wouldn't leave the country and I didn't have enough ties to leave. I was going through the J1 with a organisation called IEP and their director was able to explain my situation that my parents live in Australia and I live in NZ alone and even though my ties are minimal, my purposes of visiting USA is plainly to get Marketing experience for the year so that I when I went back home I have that differentiation point from all other new graduates.

Another factor which I believe my J1 was initially denied was the consular was bias. I grew up in New Zealand since I was 8 years old (I am now 24) and I am a New Zealand citizen however, my ethnicity is Filipino.

So anyway, 2 weeks after my first denial - I went for my second interview and was approved. I left for the USA May 2013 and left the country and moved to Australia June 2014. I did not overstay or breach the J1 at all.

I plan on now spending Christmas and New Years in USA with relatives and friends I met there while on the J1 and have found out that I can't use ESTA for a visa waiver due to the initial denial being on my record. I have to apply for a B2.

It gets complicated because how do I show I have ties to Australia? My parents live here and since arriving in June, it has actually proven hard to find a job in Marketing as it is super competitive. I plan to holiday in the USA December 23 - Jan 3rd and then after that trip Im going to try applying for jobs back in NZ and start my career again.

The only issue is obviously I would interview in Sydney, and I have to show ties. The only ties I have are my Mum and Dad. I am jobless at the moment too. I have documentation that all my personal effects have been shipped here to Australia from NZ, I have a bank account. But that's really all I have.. I have an itinerary of what I plan on doing whilst in the states and that would be Christmas with relatives and New Years with friends and hiking.

Can anyone give me insight on what else I can bring?

[Stressed Out 81]

Have you even tried to apply for an ESTA? It barely costs anything, and you only pay the full fee if it's approved. It's even cheaper to apply if it's denied. (I think with approval, like $14) It works differently for different people, but soooometimes you get lucky like we did once and can still get an ESTA approval with a denial. My husband's was only weeks old.

Anyhow, if the ESTA doesn't work it's gonna be real tough for you since you're dependent on others for financial aid for your trip. If you can't show that you can support yourself alone on a vacation to the US and that you don't have a huge list of serious ties (big, fat bank accounts, properties, stuff like an internship with an employer's vacation authorization), then your chances of getting a B-2 are quite slim. It's a very difficult visa to receive as even citizens of low-fraud countries are denied them all the time.

[lileepad 3]

Have you even tried to apply for an ESTA? It barely costs anything, and you only pay the full fee if it's approved. It's even cheaper to apply if it's denied. (I think with approval, like $14) It works differently for different people, but soooometimes you get lucky like we did once and can still get an ESTA approval with a denial. My husband's was only weeks old.

Anyhow, if the ESTA doesn't work it's gonna be real tough for you since you're dependent on others for financial aid for your trip. If you can't show that you can support yourself alone on a vacation to the US and that you don't have a huge list of serious ties (big, fat bank accounts, properties, stuff like an internship with an employer's vacation authorization), then your chances of getting a B-2 are quite slim. It's a very difficult visa to receive as even citizens of low-fraud countries are denied them all the time.

Hi there,

No, I haven't applied for ESTA as I was advised to just apply for the B2. The Director of who was helping me prior to receiving the J1 apparently called the consulate for advice regarding my case and was advised to apply for the B2 as I would get denied via ESTA. Even if I have 2K or more for a one and a half week trip, the chances are still slim?

[lileepad 3]

https://help.cbp.gov/app/answers/detail/a_id/1074/kw/contact%20number/related/1

This link says that if I am denied an ESTA, I can apply for a redress. "If you believe you were incorrectly denied ESTA authorization you may go to the DHS/TRIP Web site and file a redress request through the DHS Travel Redress Inquiry Program."

Does that mean that I can apply for ESTA and if I get denied, I can email them and explain the situation that I was denied the first time for not enough ties, then 2 weeks later had another interview and was able to prove that I would leave the country and successfully left the country after my J1 expired?

[lileepad 3]

Also given such the short time of the holiday, surely they realise that? December 23 - Jan 3rd?

[Stressed Out 81]

You could try, but successful redresses are quite rare. We tried that after we got an ESTA approval the first time, never abused the system and then ESTA was denied the second time. I tried the redress, but they only responded telling us they couldn't help and he'd have to apply for a tourist visa. We were lucky enough that his B-2 was approved the second time, but was still frustrating. I think it was only approved because I was living in Germany with him, so his ties were mostly to me as his USC spouse and as long as I could prove I wasn't going back home anytime soon, that he wouldn't have any intentions of emmigrating.

And it's not so much about how much money you have saved up in a piggy bank under your bed as it how much money you bring in each month. If you're a student or have a minimum wage job the first thing that goes through their head is "what if this person wants to illegally enter the US to find a better job". That's their job, and it's a tough one to make the 'right' decision on thousands of cases a day...they don't always deny the criminals and approve the innocent.

[Stressed Out 81]

By all means try. You have one denial and then an approved visa after that that you didn't abuse. Perhaps your chances are better than most in your situation simply because you've demonstrated good character with the approved visa you had in the past.

[lileepad 3]

You could try, but successful redresses are quite rare. We tried that after we got an ESTA approval the first time, never abused the system and then ESTA was denied the second time. I tried the redress, but they only responded telling us they couldn't help and he'd have to apply for a tourist visa. We were lucky enough that his B-2 was approved the second time, but was still frustrating. I think it was only approved because I was living in Germany with him, so his ties were mostly to me as his USC spouse and as long as I could prove I wasn't going back home anytime soon, that he wouldn't have any intentions of emmigrating.

And it's not so much about how much money you have saved up in a piggy bank under your bed as it how much money you bring in each month. If you're a student or have a minimum wage job the first thing that goes through their head is "what if this person wants to illegally enter the US to find a better job". That's their job, and it's a tough one to make the 'right' decision on thousands of cases a day...they don't always deny the criminals and approve the innocent.

Oh I see! Gosh it is so frustrating.

Would they take into account that YES I was denied, but then I got approved 2 weeks later for the same J1 Visa and have left the country successfully? Or would this be treated as a fully different case where I have to really start the process again...

Because even before I went on my J1, I had quit my job, I have a NZ student loan (which is a tie), my personal effects in Australia and my Mum and Dad in Australia. Still wasn't as much proof but was approved.. I think the director that spoke to the consul really helped otherwise I wouldn't have been able to have gone I think.

By all means try. You have one denial and then an approved visa after that that you didn't abuse. Perhaps your chances are better than most in your situation simply because you've demonstrated good character with the approved visa you had in the past.

Haha this answers it

[Stressed Out 81]

Yeah just try. I'm just not wanting you to get your hopes up is why I'm being all pessimistic. It was heart-breaking to say the least when my husband Skyped with me the first time to say he didn't get his B-2. Was so surprised the ESTA worked then. Poor guy is traumatized everytime he goes through Customs now, lol....like a dog at the vet waiting to get a vaccine.

[lileepad 3]

Yeah just try. I'm just not wanting you to get your hopes up is why I'm being all pessimistic. It was heart-breaking to say the least when my husband Skyped with me the first time to say he didn't get his B-2. Was so surprised the ESTA worked then. Poor guy is traumatized everytime he goes through Customs now, lol....like a dog at the vet waiting to get a vaccine.

Haha yes I know the feeling he has! Interviewing for visas is awful as they have show hardly any emotion and are a bit cold to you. When I found out I have to interview for a B2 as most likely the ESTA will not be approved, I had the feeling of fear and negativity that I will get denied. :/

Having an ESTA denied goes on your record too right? This is why Im kind of hesitant to apply for ESTA as I don't want another bad thing on my record.

[lileepad 3]

I just saw this on FAQs about ESTA.

"

I was previously denied a visa to the US. Can I apply for a Travel Authorization and enter on the Visa Waiver Program? No. If you have ever been denied a visa you cannot travel under the Visa Waiver Program.

So frustrating and conflicting.

[lileepad 3]

Everyone, I have just been reading some more forums and saw that some who have had their visas denied applied for ESTA later on and got approved.

I was wondering, I was denied last year in March 2013 and it is now over one year. But later in March 2013 I was approved for the same visa to come (J1)... and left the USA June 2014.

What dates would ESTA take into account? Would it be last years refusal and then approval? or would it be the month I left the country which is about 4-5 months ago?

[lileepad 3]

Yeah just try. I'm just not wanting you to get your hopes up is why I'm being all pessimistic. It was heart-breaking to say the least when my husband Skyped with me the first time to say he didn't get his B-2. Was so surprised the ESTA worked then. Poor guy is traumatized everytime he goes through Customs now, lol....like a dog at the vet waiting to get a vaccine.

Just applied for ESTA. Says my authorisation is pending. I have to wait 72 hours for an answer.

Was your husbands immediate approval?

Doesn't look good for me.

[Stressed Out 81]

Ugh when his was approved (he's had like three valid ESTA's before) they always came up positive within 15 minutes. If it's a denied ESTA then it often will be pending for a looooong time like that. When his was denied, we had applied at nighttime and waited until we went to bed, woke up to see that it had been denied. So sorry! You still have hope with getting a B-2 with your visa approval (and proper use) in your records. Wishing you the best of luck!

But still wait out the 72 hours before you do anything regarding the B-2. You could have some luck with the system tracing back an approved visa in its history, but not sure.

Edited October 25, 2014 by Stressed Out

[lileepad 3]

Ugh when his was approved (he's had like three valid ESTA's before) they always came up positive within 15 minutes. If it's a denied ESTA then it often will be pending for a looooong time like that. When his was denied, we had applied at nighttime and waited until we went to bed, woke up to see that it had been denied. So sorry! You still have hope with getting a B-2 with your visa approval (and proper use) in your records. Wishing you the best of luck!

But still wait out the 72 hours before you do anything regarding the B-2. You could have some luck with the system tracing back an approved visa in its history, but not sure.

Stressed Out, I have you to thank! Thank you so much for advising to apply for ESTA anyway. I forgot to come back on here and let you know that basically ten minutes after I posted on here "Authorization pending" ... I was approved!!!

Still not a guaranteed entry though right?

Can you please let me know based on your husbands experience what happens during point of entry? Like what questions do they ask? Do they give you a hard time?