ESTA denied

[Cocobongo 58]

Hi everyone,

 

I have a friend from France that tried to apply for the B2 while having the ESTA to be able to spend more than 3 months in the U.S. However, when he went to Paris for his interview he got his application denied by the consular officer. He waited about 6 months to start the process of this time applying for the ESTA since the previous one was canceled due to his denial on the B2. This time his ESTA was refused couple of hours after submitting his application online. He told me that he will re apply for the B2, he has strong ties with France such as kids and work, he never overstayed in the USA or created any kind of troubles.

Did this situation happened to anyone? Tips and advices would be strongly appreciated.

 

Thank you

[ineedadisplayname 503]

21 minutes ago, Cocobongo said:

Hi everyone,

 

I have a friend from France that tried to apply for the B2 while having the ESTA to be able to spend more than 3 months in the U.S. However, when he went to Paris for his interview he got his application denied by the consular officer. He waited about 6 months to start the process of this time applying for the ESTA since the previous one was canceled due to his denial on the B2. This time his ESTA was refused couple of hours after submitting his application online. He told me that he will re apply for the B2, he has strong ties with France such as kids and work, he never overstayed in the USA or created any kind of troubles.

Did this situation happened to anyone? Tips and advices would be strongly appreciated.

 

Thank you

His ESTA was gone at the moment he applied for the tourist visa. It is not like oh I tried the tourist visa, didnt work I am going back to ESTA.

 

Kids and work are not that strong ties in his case if he wanted to stay more than 3 months. You can quit your job any time even from a different country.... Who is going to take care of the kids while he is on a 6 month vacation in the US?

 

What was the reason of the B1 denial? If nothing changed in his situation most likely he will be refused again.

Edited July 17, 2019 by ineedadisplayname

[Unlockable 7,315]

11 minutes ago, Cocobongo said:

Hi everyone,

 

I have a friend from France that tried to apply for the B2 while having the ESTA to be able to spend more than 3 months in the U.S. However, when he went to Paris for his interview he got his application denied by the consular officer. He waited about 6 months to start the process of this time applying for the ESTA since the previous one was canceled due to his denial on the B2. This time his ESTA was refused couple of hours after submitting his application online. He told me that he will re apply for the B2, he has strong ties with France such as kids and work, he never overstayed in the USA or created any kind of troubles.

Did this situation happened to anyone? Tips and advices would be strongly appreciated.

 

Thank you

Yes it happens. And I wish he (or you) would have found this site before he applied. We would have advised you and him that applying for a B2 when he has ESTA is a very bad idea. It is common for immigration to deny B2s to people who have ESTA. It is like a person is given an inch but is now asking for a mile. The ESTA is a extremely valuable privilege to have as your friend will now know more than ever. To be able to come here for 90 days without a visa is already an advantage. Asking for more is only going to raise red flags. Basically, the argument is...what needs to be done here that can't be done in 90 days? And if a person needs to be away from their home for more than 3 months, how strong are those home ties they claim to have.

 

The biggest mistake people make is that they believe that just because they haven't broken any laws of overstayed they won't be denied. This is furthest from the truth. It doesn't matter if he never overstayed or broke any immigration rules. The truth is that the law (and yes it is actually a US immigration law) states that every nonimmigrant applicant must be treated as having immigrant intent. And by asking for more time here, he increased the suspicions of him having immigrant intend.

 

Unfortunately, this is a very hard lesson that your friend have just learned. He is free to apply for a B2 again but it will be an uphill battle. He needs to have serious justification why he needs to be in the US for more than 90 days when he had the privilege to accomplish what he needed to do with an ESTA. The ESTA is gone and he won't be eligible for ESTA in the near or possibly distant future. 

[geowrian 22,338]

This is to be expected IMO. Applying for a tourist visa carries the risk of a denial resulting in not qualifying for an ESTA, at least for a time.

 

He can apply for a tourist visa again anytime. However, unless his circumstances have changed, the expectation is the result will remain the same.

 

2 minutes ago, Unlockable said:

And if a person needs to be away from their home for more than 3 months, how strong are those home ties they claim to have.

^This. How does one have strong ties + can be on vacation for 3+ months? This is a hard argument to make.

In the case noted here, kids and work are noted as ties. Can the kids be left behind for 3+ months? Work?

Edited July 17, 2019 by geowrian

[USS_Voyager 1,972]

24 minutes ago, Cocobongo said:

However, when he went to Paris for his interview he got his application denied by the consular officer.

The key it why it was denied.

[yuna628 9,712]

People that come from VWP eligible countries should use that ability carefully and strongly consider never overstepping the use of it in favor of a tourist visa because of the high risk of denial and loss of the previous privileges. ESTA is nothing more than a pre-background check clearance - it gets you on the plane. But applying for a visa overrides this, especially if denial is resulted. The US government position is that 90 days is more than generous, and why should a person from a VWP country require any more except in very narrow and specific circumstances? A B2 is very difficult to obtain if the person was eligible for VWP to begin with.

 

A friend of mine for example could no longer use the VWP after her ESTA was denied due to rule changes regarding a country she was required to be in for work purposes. In this case she was able to obtain a B2, as she had no other option to visit the US, but she still had to prove very strong ties, and her want to visit was only for couple weeks, not months. What was the reason for your friend's denial? Is there something else in their background that may result in a denial? Kids and work are not necessarily strong ties. How does his kids get supported? How can he leave his job for a long amount of time?

[Boiler 46,059]

Try next year for the VWP, a B2 sounds somewhat unlikely.

[JFH 12,191]

They are assuming, as they are obliged to do, that he has immigration intent. I wish I could take more than 3 months off work for traveling and still keep my job, home, car, etc. Why would he leave his family behind for so long? 

[SalishSea 18,125]

Just to give a different perspective, my husband is from a VWP country, and applied for (and received) a B-2 visa...

 

 

[Naomi1984 12]

3 hours ago, Jorgedig said:

Just to give a different perspective, my husband is from a VWP country, and applied for (and received) a B-2 visa...

 

 

I'm also from a VWP country and was approved for the B-2 visa. It all comes down to your ties to your home country.

[Zoeeeeeee 797]

I also had an ESTA and applied for and received a B2 visa in 2017. I took a letter with me from my work’s HR department, confirming I had a 7 month career break authorised and that my job would be kept for me when I returned...proof of return flights purchased for both me and my dog (I didn’t use forums then, so didn’t know of the risks of buying your flight before getting your visa)...and a bank statement to show that I could support myself whilst there, without needing to work. 

 

The HR letter was obviously a very important inclusion as it demonstrated that I still had strong ties to my country and explained how it was viable for me to leave the country for 6 months (and my bank statement supported that). 

 

It was during that long trip that I met my future husband - I then came home for us to start the K1 process.

[SusieQQQ 11,587]

As with many countries overall, most people from VWP countries who apply for B visas get them.  Of course the people who post on VJ are the refusals not the successes so it looks much harder than it actually is. Clearly OP’s friend, like many B denials, was simply unable to convince the CO of ties to home. And of course it is often hard to do that when wanting to visit for so long. 

[RLA 324]

6 hours ago, Naomi1984 said:

I'm also from a VWP country and was approved for the B-2 visa. It all comes down to your ties to your home country.

I think most COs will also want to hear a plausible reason why you don't just do ESTA.  If  your reason is that you want to stay longer than 90 days it would help to document your travel plans including itineraries, reservations etc.