UK Friend denied entry into US on Visa Waiver

[seanyb719 1]

Hey all - My friend is in a bit of a pickle really. She's a UK citizen and been traveling around Canada for a few months by motorbike. She has no job since she has spent the last year or so traveling the world. North America is basically the last for her to see literally.

Anyway she was planning to visit me in Seattle before biking down the coast to Mexico and has been refused entry. As you can imagine they were very rude and literally accused her of being a criminal and wanting to work in the the US blah blah. Held for 5 hours in questioning!

Ok here are her mistakes...

1) No return flight to UK

2) No job in England

Therefore no proof of returning to the UK. Her reasoning being that she really didnt know when she was going to return etc.. and didnt realise this was a requirement for the US. Obviously Canada have no such issues.

So from Customs point of view we can both understand why she was refused. She asked if she could be given a chance to prove her case a little more but that was refused and now she has been told she is banned from the visa waiver program for life? Is this right? Surely there is something she can do considering she was probably guilty of a little naivety and thats all? The problem she has now is that she as her profession nest year she was wanting to join a sailing group

Would love you hear your thoughts on this. Thank you in advance.

Sean.

[Boiler 45,525]

The first thought was how would she arrange motor insurance.

She did not need a flight but did need to show onward travel plans.

Did they allow her to withdraw her application to enter or something else?

She could update ESTA and see. Might be an idea to wait awhile.

[seanyb719 1]

The first thought was how would she arrange motor insurance.

She did not need a flight but did need to show onward travel plans.

Did they allow her to withdraw her application to enter or something else?

She could update ESTA and see. Might be an idea to wait awhile.

sorry i am not sure how she went about being insured so cannot answer that. However that was never mentioned so I assume that was not an issue. I don't believe she was given the opportunity to withdraw an application. She was simply told they were not satisfied with her reasons for entering (which we completely understand) and that she is now banned from using the VWP. Once thing I forgot to mention is that she had not done an ESTA application on trying to enter. However that also didnt seem a problem. She could have done that there and then since you get an instant answer. She has however tried to do it now and it comes up and being refused.

I hope this helps with your questions? Thanks!

[Boiler 45,525]

Was anything put in her passport?

As far as visiting is concerned her only option would be to apply for a B2 visa when she gets back.

[seanyb719 1]

Was anything put in her passport?

As far as visiting is concerned her only option would be to apply for a B2 visa when she gets back.

well i thought she'd be able to do that. i was just wondering if they could overturn the VWP ban. It just seems silly to me. It's not as if she has gone there and overstayed. She simply wanted to travel down through CA to mexico as part of her traveling and didnt have the requirements. Surely just being refused is enough?

[Boiler 45,525]

Assuming she was not deported, just refused entry, she could give ESTA a while and see if she gets a better response, still may have an issue with the prior refusal.

[seanyb719 1]

Assuming she was not deported, just refused entry, she could give ESTA a while and see if she gets a better response, still may have an issue with the prior refusal.

no she def wasn't deported. just went back into Canada where she still is now. Ok thanks for your help.

[NigeriaorBust 4,087]

Deporting doesn't mean you were sent to your home country just out of the US. She will always have to answer yes to questions about being refused entry.

[Rebecca Jo 1,962]

Was she on the motorbike? You don't need ESTA if you are not flying.

What did they stamp in her passport?

Something does not sound right.

[TracyTN 237]

Sounds quasi right to me - in the sense that they suspect everyone of having immigrant intent and she really had nothing to prove otherwise.

[Harsh_77 718]

This is my 2 cents, I believe is they have put a ban on VWP for her, as they think she would be overstaying her visa and would try to find some work here, as she has no links back in home country.

She was not able to give a strong reason to return back to home, which automatically raises the flag.

So now every time she wants to enter US, she will have to get B2, which means they want to go over her situation at that given time and point in her life.

If she can provide enough reasons at that time she has no intent of immigration, then she will be able to get B2 without problem, but they don’t want her to use the free entry (VWP).

I don’t think there is anything that you can do to overturn that decision.

[seanyb719 1]

This is my 2 cents, I believe is they have put a ban on VWP for her, as they think she would be overstaying her visa and would try to find some work here, as she has no links back in home country.

She was not able to give a strong reason to return back to home, which automatically raises the flag.

So now every time she wants to enter US, she will have to get B2, which means they want to go over her situation at that given time and point in her life.

If she can provide enough reasons at that time she has no intent of immigration, then she will be able to get B2 without problem, but they don’t want her to use the free entry (VWP).

I don’t think there is anything that you can do to overturn that decision.

I completely agree with you all. She did not give enough evidence and therefore we both understand why she was not allowed in. It's just a shame she was just silly and way too honest her situation. I.e. it was her that brought the whole issue up saying she was traveling the world etc just to be nice and chatty etc. She'll learn to just answer questions she is asked for the future lol. I'm not sure why the US border control or any person with legal authority over here are so rude though. A little politeness and professionalism goes a long way especially when this is the first impression on a country. (Those of you from the UK will understand this) I was just hoping since she really had no intention of staying (i.e. wrongly accused) that there may be something she can do about the VWP when she goes back to the UK and explains her situation a little better. I actually found out the only reason she was going to the US or actually had time was because Canada had given her a 2 week extension to her Visa to allow her to sort her bike out or something. She would have to return to the UK from Canada though to show she had left which was exactly what her intentions were.

That will also explain why she didn't apply for the ESTA in the first place. She had been allowed entry into Alaska a few times a few weeks back without it no problem so I was also a little baffled there.

Thank you all for you help! I'm going to called the Border Control to see what they say today as well.

Sean.

[Krikit 1,164]

You may find these links helpful:

CBP FAQ - Previously Denied Entry

CBP FAQ - Denied Entry

[Harsh_77 718]

Sean - I would not say the UK border patrol ppl are friendly either. I have traveled around multiple countries and I have never once came across friendly border patrol folks, including my home country....lol

Its their job to look anyone and everyone with suspicion and look into small information that might not catch your or my eyes, even if your friend would had only answered the question asked.... would not had guaranteed her an entry.

I dont know if there is any formal process to be reinstated to VWP, but going for B2 visa is no harm at all.

[seanyb719 1]

Sean - I would not say the UK border patrol ppl are friendly either. I have traveled around multiple countries and I have never once came across friendly border patrol folks, including my home country....lol

Its their job to look anyone and everyone with suspicion and look into small information that might not catch your or my eyes, even if your friend would had only answered the question asked.... would not had guaranteed her an entry.

I dont know if there is any formal process to be reinstated to VWP, but going for B2 visa is no harm at all.

no harsh... there is a distinct difference with how people are dealt with in the UK. They are given respect and not automatically treated as criminals. I have no issue with them doing their job but there is a professional and civil way of doing things. I've traveled the world and I have only had a problem with the way the US treat people. This is just the customs guys by the way.. I find americans to be very friendly and much more approachable than us Brits to be honest. Anyway that doesn't matter.. like you said they are doing their job and I guess it's just a cultural difference. By the way I think I already said I actually completely understand why she wasn't allowed to enter. She was a little naive and ignorant as to requirements entering the country.

Thanks for your input anyway. Much appreciated.