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“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted (edited)
3 hours ago, JamieCheeks said:

If they deny B2, why does that mean he can't get an ESTA? Seems like such a gamble! 

The ESTA is a privilege given to select countries in the world to have their citizens visit the US without having to go through the process of a obtaining a visa. The foreigner is "given" 90 days to stay in the US. To be eligible, the traveler must have a clean record (no criminal activity) and good travel history (never overstayed). Another eligibility is that the traveler must not have been denied a previous visa. It doesn't necessarily have to be a B2 visa that was denied for a foreigner to be ineligible for an ESTA. Think of it like this...if you can't qualify for a visa where they do more background checks, research your evidence, and give interviews, why would you qualify for something that waives all of that?

 

The biggest reason we have seen people wanting a B2 over an ESTA is so they can stay longer. But this is also the biggest risk in the eyes of immigration. Because, and this might be a surprise to you, the US do not want foreigners staying too long in the US on visitor visas. This has led to some foreigners abusing the visitor visa in the past. Staying in the US for months at a time is them practically living here, which is not permitted. It can also lead to the foreigner possibly working while here because staying anywhere for months without income is very difficult. To add to this, it can also be argued that a person can do the same thing they want to do in 90 days than they can in 6 months. It is not a necessity to have 6 months for a visit, it is simply a desire. The average vacation time for Americans is 2 weeks. 
 

But the simplest answer to your question is that US government set the rules. If they say a person can not get an ESTA if they were previous denied a visa, then it is what it is. Remember, the US government is under no obligation to give any foreigner visitation.
 


 

Quote

Also is it up to the visa person at the US consulate interview to allow the 6 months or up to the guy at the airport?

It is up to the CBP officer every time the traveler enters the US. Yes, every time.
 

When the foreigner comes to the US and enters customs, they meet with the Customs and Border Patrol (CBP) officer. This officer will review the foreigners documents, travel history, ask a few questions, then decide (if) and for how long the foreigner can stay in the US. They can deny a foreigner entry and they can determine how long (or how short) the foreigner can stay. 
 

So it is very possible that a CBP can give a visitor only 2 weeks to visit the Us when the foreigner wanted 2 months. Doesn't happen often, but we have seen it. 

Edited by Unlockable

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

  • millefleur changed the title to Kiwi Partner B2 and CR1 (merged)
Filed: Citizen (apr) Country: Russia
Timeline
Posted
9 hours ago, Unlockable said:

So it is very possible that a CBP can give a visitor only 2 weeks to visit the Us when the foreigner wanted 2 months. Doesn't happen often, but we have seen it. 

They can also just flat out deny you entry at the border if they have good reason to suspect overstay. Even successfully securing a B visa doesn't guarantee entry into the US. Everything bout the B process is stressful, which is why it just doesn't seem worth it to risk it when an applicant already has the privilege of ESTA.

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17-Jan-2017: Case number received

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