B2 Application from British Student; Sufficient Home Ties?

[Fr8dog 312]

When it comes to "the ways of the consulate", he is the authority. I would take his advise over that of most of us (including myself )

[caliliving 606]

Speaking to hfm181818, they seem to think a visa withdrawal, which would be a 'denial' in the sense that a 221g is a denial, does not have the same automatic ~6 month ESTA revocation that a 214(b) would. Does this correlate with what you've seen?

Hmm.. see if you can withdraw at POE? like i know people that withdraw their application.. i guess if they note that it isnt going well you can ask??

if not, bring EVERYTHING your itinerary, every place you paid for and try as much as you can to give the IO that information before they deny you...show you paid for EVERYTHING up front (flights, trains, planes, hotels ect...)

also, please come back and update everyone! do you know when the interview is?

[Boiler 45,947]

I have seen people post who were refused a B and were OK with ESTA when it was updated.

[caliliving 606]

I have seen people post who were refused a B and were OK with ESTA when it was updated.

that is good then for the OP...

[Nich-Nick 3,354]

Could I cancel my B2 application/interview and still enter on the VWP? Would a subsequent status of "denial" from my application withdrawal make my presence under the VWP illegal? I can certainly handle a subsequent 6 month loss of VWP eligibilty; I won't be in North America again for a good while.

Why don't you contact the embassy to request to withdraw your visa application because your summer plans have changed and you will not require a visa after all? People withdraw fiancé petitions or visa applications when they marry instead. People that are at entry to the U.S. on VWP (who are not going to be allowed in) are sometimes allowed to withdraw their request to enter rather than being denied. The embassy can respond to you rather than you guessing you can't withdraw once you apply. This is between you and Toronto, so ask before you assume anything based on opinions.

Not possible.

Speaking to hfm181818, they seem to think a visa withdrawal, which would be a 'denial' in the sense that a 221g is a denial, does not have the same automatic ~6 month ESTA revocation that a 214(b) would. Does this correlate with what you've seen?

Curious about this discussion and all the opinions offered, I used the Toronto contact form on the weekend and asked the question myself.

Question: If someone applies for a B1/B2, can she withdraw the application prior to interview? Or will it go down as a denial.

Today I received the following reply:

Dear Ms.------------------:

Thank you for contacting the U.S. Consulate General in Toronto

If an applicant is unable to attend the interview it will not be considered as a denial.

Regards,

Nonimmigrant Visa Unit

U.S. Consulate General

Toronto, Canada

[TengueFengue 0]

Hi everyone,

A couple of things to update you on. Thanks for doing that Nich-Nick, I appreciate it. I have also contacted the consulate regarding the withdrawal of my application. In addition to this, I have contacted the CBP regarding a Visa application withdrawal and how they look at it.

To the consulate I emailed the question:

I have applied for a B2 visa which I no longer require due to a change in travel plans. What is the protocol regarding the withdrawal of a Visa application?

To which they responded with a link on how to cancel my appointment, which I am already aware how to do. https://ais.usvisa-info.com/en-CA/niv/information/faqs#reschedule_cancel_appt

It is unclear as to what occurs after the cancellation of an appointment. Neither the response I got nor Nich-Nick's appear to provide a direct answer.

To the CBP INFO Center I emailed:

I am a citizen from a Visa Waiver Program country and I have applied for a B2 visa that I believe I no longer need, as my travel plans have changed. If I withdraw my application, assuming I receive a 221g status, and I update my ESTA with this information, am I likely to be approved or denied?

To which they replied:

The ESTA will probably be approved if you meet the requirements for the visa waiver program. Also, you do not need an ESTA if you cross the US/Canada border by land or ferry.

I will almost certainly be entering the US by land, from Canada.

So this is hopeful, but I am still deeply confused as to what the best course of action is. At this stage, I have experienced so much stress that I am perfectly happy to travel for a ~3 month period. Heck, I'd be chuffed to get in for half an hour. I can either go ahead with the B2 'withdrawal' and update my ESTA, hoping for the best. Or I can go ahead with the withdrawal, not update my ESTA, and enter via land, assuming I'd have to fill in an I-94 at the border. If turned away at the border, I lose my VWP privileges forever, as far as I'm aware. But I'll be able to present my case and evidence directly to the CBP officers there. If, on the other hand, I update my ESTA and it's denied, I can't really find out why, and then I have to apply for a visa. The withdrawal option puts things in the hands of the CBP, which I have had variable but generally pleasant interactions with. I have no experience of the Toronto consulate, so I don't know what to expect there either, but I have definitely been put off by the tirade of insta-denial posts I've seen knocking about.

I suppose, one question is, would the withdrawal definitely be denied under 221g? Can they deny it in any other way that may make a CBP officer suspicious?

[Nich-Nick 3,354]

Is your ESTA expired? What needs updating?

No interview means no denial, right? Cancel the interview.

Edited March 31, 2016 by Nich-Nick

[Boiler 45,947]

It is true that you do not need ESTA entering by land, they seemingly expect to see it, well from comments I have seen.

Also a big plus in being able to discuss your case, assume additional screening.

Is your ESTA expired? What needs updating?

No interview means no denial, right? Cancel the interview.

Wrong, this has been discussed.

[Nich-Nick 3,354]

Wrong, this has been discussed.

The reply from Toronto consulate said it would not be considered a denial, so I am kinda wondering why he is wrong. I lost the plot somewhere. ???????

[TengueFengue 0]

Whether or not it is a denial appears to be a matter of semantics.

The important thing is, I still think you have to answer "Yes" to the question about whether or not you have been denied a visa.

The response from the Toronto consulate is ambiguous. "Unable to attend the interview" is not the same as seeking a withdrawal of an application. I am still unclear as to what follows the cancellation of the interview.

Edited March 31, 2016 by TengueFengue

[TengueFengue 0]

It is true that you do not need ESTA entering by land, they seemingly expect to see it, well from comments I have seen.

Also a big plus in being able to discuss your case, assume additional screening.

Wrong, this has been discussed.

The second time I entered the US was with two British friends at Niagara falls for a day trip to the American side. One of them didn't have an ESTA and it took them a while to sort out the I94.

I am happy to be screened additionally if I have the opportunity to present my case.

[Nich-Nick 3,354]

Whether or not it is a denial appears to be a matter of semantics.

The important thing is, I still think you have to answer "Yes" to the question about whether or not you have been denied a visa.

.

Whatever you choose to do. To me "If an applicant is unable to attend the interview it will not be considered as a denial" means you have no denial to report.

[TengueFengue 0]

UPDATE:

I cancelled my interview appointment and entered on the VWP without any problems or mention of the visa stuff.

[caliliving 606]

UPDATE:

I cancelled my interview appointment and entered on the VWP without any problems or mention of the visa stuff.

wahoo!!!! congrats and enjoy your time in the USA!!!

UPDATE:

I cancelled my interview appointment and entered on the VWP without any problems or mention of the visa stuff.

wahoo!!!! congrats and enjoy your time in the USA!!!

[TBoneTX 45,953]

Thanks for the update.