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After 214b tourist visa refusal can I still go on holiday in the US with my ESTA?

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  • After 214b tourist visa refusal can I still go on holiday in the US with my ESTA?

    Hi

    Hope someone may be able to advise me.

    I am a UK national and in December last year I applied for a 6 month tourist visa to visit my girlfriend (a US citizen) in the states. The visa was refused as, at the time, I was prepared to leave my employment to travel. I had naively believed that owning a house / having a mortgage, and having extensive family in the UK would demonstrate strong enough ties to the UK. I subsequently discovered that my employer would have granted me a sabbatical which I assume would have been okay.

    I now wish to travel the the States on holiday for 2 weeks and I was wondering if I can travel on my existing esta under the visa waiver program even though I have had the visa refusal? And could I be turned away by immigration if I do travel? It seems almost impossible to obtain this information from anywhere, it costs a fortune to call the US consulate in London, and they may not be able to provide the information anyway.

    I have not done anything wrong and have nothing on my record which would prevent me from traveling other than having misunderstood the visa requirements and been naive in my original application. It seems crazy that a decent, honest person now does not know if they can visit the US for a vacation?

    I hope someone can help.

    Dan

  • #2
    If your tourist visa has been rejected, you can not enter the U.S. under Visa Waiver Program.

    Check out the eligibility requirements at https://www.immihelp.com/visa-waiver-program/
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      You can't use the VWP ever again. It's shit, I know.

      Do you still have an American girlfriend in the US? Are you now unemployed? If the answer is no to both, then you can still apply for a B1/B2 visa with a good chance of approval.

      Try applying for an ESTA and see what it says.

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      • #4
        So does this mean I can never go to the states on holiday?

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        • #5
          No, of course you can. You just need to apply for a visa. If you have sufficient ties to the US, you will likely be issued a 10-year visa. You can then stay for 6 months at a time, usually.

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          • #6
            Originally posted by cafeconleche View Post
            No, of course you can. You just need to apply for a visa. If you have sufficient ties to the US, you will likely be issued a 10-year visa. You can then stay for 6 months at a time, usually.
            I assume you mean sufficient ties to the UK?

            I just found this on the US embassy website by the way:

            HAVE YOU BEEN REFUSED A VISA UNDER SECTION 214(B) OR 221(G)?
            Travelers who have been refused a visa under the provisions of Section 221(g) or 214(b) of the Immigration and Nationality Act are not prohibited from traveling visa free under the Visa Waiver Program. However, they will be questioned by an immigration official at the U. S. port of entry regarding the refusal by the Embassy or Consulate.

            Therefore, they should ensure that they carry evidence of their intention to depart the United States at the end of the visit. This is generally satisfied by furnishing evidence of strong social and economic ties to the traveler's place of permanent residence. There is no set form that this should take as each person's circumstances differ. If the immigration officer is not satisfied that the traveler meets the qualifications for nonimmigrant status, the traveler will be denied entry.

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            • #7
              Hello, I am in the same position as you. Can you please tell me where you found that information, on the embassy website. I have been denied a student visa because of 214b and I already have an ESTA. I do not know if I can travel on it or not.







              Originally posted by daniel74 View Post
              Hi

              Hope someone may be able to advise me.

              I am a UK national and in December last year I applied for a 6 month tourist visa to visit my girlfriend (a US citizen) in the states. The visa was refused as, at the time, I was prepared to leave my employment to travel. I had naively believed that owning a house / having a mortgage, and having extensive family in the UK would demonstrate strong enough ties to the UK. I subsequently discovered that my employer would have granted me a sabbatical which I assume would have been okay.

              I now wish to travel the the States on holiday for 2 weeks and I was wondering if I can travel on my existing esta under the visa waiver program even though I have had the visa refusal? And could I be turned away by immigration if I do travel? It seems almost impossible to obtain this information from anywhere, it costs a fortune to call the US consulate in London, and they may not be able to provide the information anyway.

              I have not done anything wrong and have nothing on my record which would prevent me from traveling other than having misunderstood the visa requirements and been naive in my original application. It seems crazy that a decent, honest person now does not know if they can visit the US for a vacation?

              I hope someone can help.

              Dan

              Comment


              • #8
                what if you have been granted an approval

                Originally posted by immihelp View Post
                If your tourist visa has been rejected, you can not enter the U.S. under Visa Waiver Program.

                Check out the eligibility requirements at https://www.immihelp.com/visa-waiver-program/
                Hi a follow up question,

                What if you applied for an ESTA and got the visa and went back to america and came back. Then you applied for the multiple visa and they denied you with a 214b. Is my ESTA still valid since I have already travelled to the united states?

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