Visa Denial on Record - ESTA Visa Waiver Approved

[lileepad 3]

Hi all,

Im travelling to the Dallas this Thursday on a Visa waiver (Im a New Zealand citizen). My ESTA Visa waiver was approved but I heard its really the customs officers that approve to let you in or not.

My question is - last year I was denied for a J1 because of not enough ties to bring me back home, but then 2 weeks after my denial, I went for my 2nd interview for a J1 and was approved.

I left USA when my visa expired last year in June. Now I am coming back for a 2 week vacation to visit my boyfriend for valentines.
Does anyone know if I will be detained for questioning or what the process is because I have that previous record denial (even though I was approved 2 weeks later) ??? Will they give me a hard time when I tell them I am visiting my boyfriend ?

All I need is a return ticket to prove I am leaving the country right? Anything else?

[Ketsuban 1,034]

Hi all,

Im travelling to the Dallas this Thursday on a Visa waiver (Im a New Zealand citizen). My ESTA Visa waiver was approved but I heard its really the customs officers that approve to let you in or not.

My question is - last year I was denied for a J1 because of not enough ties to bring me back home, but then 2 weeks after my denial, I went for my 2nd interview for a J1 and was approved.

I left USA when my visa expired last year in June. Now I am coming back for a 2 week vacation to visit my boyfriend for valentines.

Does anyone know if I will be detained for questioning or what the process is because I have that previous record denial (even though I was approved 2 weeks later) ??? Will they give me a hard time when I tell them I am visiting my boyfriend ?

All I need is a return ticket to prove I am leaving the country right? Anything else?

Did you indicate in the ESTA application that you'd been denied a visa before?

Whether you get pulled aside and questioned is impossible to determine before it actually happens. VWP visitors get cherry-picked sometimes, but 99% of them just breeze through. It's just one of those risks you take every time you cross the border into the US. Even permanent residents can get denied entry, you know but for differing reasons of course.

I've never been asked for proof of returning on my VWP visits but it's wise to take some stuff like lease/mortgage agreements, letters from employers etc. One of my British friends was asked for a letter of employment when he came over to do a solo roadtrip throughout the States.

Edited January 31, 2015 by Ketsuban

[lileepad 3]

Did you indicate in the ESTA application that you'd been denied a visa before?

Whether you get pulled aside and questioned is impossible to determine before it actually happens. VWP visitors get cherry-picked sometimes, but 99% of them just breeze through. It's just one of those risks you take every time you cross the border into the US. Even permanent residents can get denied entry, you know but for differing reasons of course.

I've never been asked for proof of returning on my VWP visits but it's wise to take some stuff like lease/mortgage agreements, letters from employers etc. One of my British friends was asked for a letter of employment when he came over to do a solo roadtrip throughout the States.

Thanks for your response!

Yes, I indicated I had been a visa previously but was approved for the waiver. I thought I would be denied the waiver as well but surprisingly it was ok. I think maybe it shows on the visa that I successfully complied with my visa and left in time.

My port of entry is Dallas and not LAX... so I'm hoping they are a little more nicer than LAX

[Hypnos 6,576]

Provided you obtained a fresh ESTA after your J-1 denial (whether after the second J-1, the one that was approved, is of no consequence) and correctly answered "Yes" to the question that asked if you had ever been denied a US visa then you should be ok.

As for Dallas, it's been a long time since I flew internationally, but as a major hub for the country - and immigrants particularly - they weren't completely terrible the last time I went through.

As stated above, you'll probably just be waved through.

[lileepad 3]

Provided you obtained a fresh ESTA after your J-1 denial (whether after the second J-1, the one that was approved, is of no consequence) and correctly answered "Yes" to the question that asked if you had ever been denied a US visa then you should be ok.

As for Dallas, it's been a long time since I flew internationally, but as a major hub for the country - and immigrants particularly - they weren't completely terrible the last time I went through.

As stated above, you'll probably just be waved through.

Thanks for your insight!

I was more worried about them asking me the purpose of my trip and when I inform them that its to visit my boyfriend; whether that will be a major factor in a denial for entry. Just being a worry wart.

[Hypnos 6,576]

I know what you mean. I had similar thoughts when I entered on a B-2 (after two entries on the VWP), way back when.

The conversation went something like...

"What is the purpose of your visit?"

"To see a friend".

"Girlfriend?"

"Yes".

"You understand you can't work on a B-2 visa?"

"Yes".

And that was pretty much that.

[lileepad 3]

I know what you mean. I had similar thoughts when I entered on a B-2 (after two entries on the VWP), way back when.

The conversation went something like...

"What is the purpose of your visit?"

"To see a friend".

"Girlfriend?"

"Yes".

"You understand you can't work on a B-2 visa?"

"Yes".

And that was pretty much that.

Haha, that made me chuckle! Thats mate! Really appreciate it, I'm feeling a little bit more of ease! Have they ever asked you for proof of funds as well on VWP?

I suppose a return ticket should really suffice for proof that I intend to leave the country after 2 weeks.

[Hypnos 6,576]

No they didn't, though again this was quite a few years ago, pre-9/11. They are much more vigilant now, but even so, if they took the time to interrogate everyone trying to enter on the VWP then there'd be a queue out to the ocean.

It's highly unlikely you'll have any problems; just answer their questions honestly, concisely, and do not volunteer un-asked-for information.

[lileepad 3]

No they didn't, though again this was quite a few years ago, pre-9/11. They are much more vigilant now, but even so, if they took the time to interrogate everyone trying to enter on the VWP then there'd be a queue out to the ocean.

It's highly unlikely you'll have any problems; just answer their questions honestly, concisely, and do not volunteer un-asked-for information.

Perfect, thanks so much Hypnos! Oh and I see you're from the UK! If you follow Rugby - may the best team win this year

[Hypnos 6,576]

I loath rugby with the intensity of a thousand suns.

Cricket on the other hand...

[StrawberryKiss 170]

My port of entry is Dallas and not LAX... so I'm hoping they are a little more nicer than LAX

Oh the people in Dallas are nice, just went through it as my POE 4 weeks ago If you're traveling with ESTA, you can also go to one of the self-scan kiosks where you can enter your ESTA # and scan your passport yourself. I didn't get to use it myself since I was immigrating with my CR-1 visa, but they looked very neat Good luck!

[lileepad 3]

Oh the people in Dallas are nice, just went through it as my POE 4 weeks ago If you're traveling with ESTA, you can also go to one of the self-scan kiosks where you can enter your ESTA # and scan your passport yourself. I didn't get to use it myself since I was immigrating with my CR-1 visa, but they looked very neat Good luck!

Hey StrawberryKiss! Thanks so much for that info! Super helpful and even more relaxed now!

[StrawberryKiss 170]

Hey StrawberryKiss! Thanks so much for that info! Super helpful and even more relaxed now!

You're very welcome

[JayJayH 546]

Yep, should not be a problem. A previous visa denial does not automatically mean your ESTA will be denied.

On this site, it seems like as long as the visa denial was indicated in the initial ESTA application, no one has had any trouble.