View Full Version : B2 Holiday visa denial
Help!!!! Please could someone confirm for me that if you are denied a B2 holiday visa, you are therefore not allowed to use the Visa Waiver form??? I read that on another website and am now concerned. Would love to hear if anyone knows anything about this....
floridadreamvilla.co.uk
06-12-2003, 13:03
I think they are right - I'm sure there is a question on the green visa waiver form that asks "Have you ever been denied a VISA".
florida4sun
06-12-2003, 17:57
All depends on what grounds you were denied a visa. If was was because you could not justify why a visa waiver would not do then you should OK.
You really need to contact the US embassey for better reply.
Martin
But who would want to debate the point with an immigration official at Orlando International after a long flight??
Try this page http://www.usembassy.org.uk/cons_web/visa/niv/vwp.htm and read the paragraph about half way down headed Important and follow the link in that paragraph.
Well I have already bought my ticket, so I thought I may as well try and see if they are in a good mood on Xmas Day??????? Thanks for your advice guys, will have to just cross my fingers I suppose!!!
In that case, all we can say is good luck! Having to work on Christmas day though probably wouldn't put me in a good mood but thankfully I don't work for US Immigration...
hgoodfellas
07-12-2003, 06:05
quote:Originally posted by Shamu
Well I have already bought my ticket, so I thought I may as well try and see if they are in a good mood on Xmas Day??????? Thanks for your advice guys, will have to just cross my fingers I suppose!!!
I really don't think it is such a good idea to come to this country Christmas day or not without proper papers. I think INS officers will be a little touchy due to September 11th.[?] But, Good Luck to you and let us know what happens.
steph_goodrum
07-12-2003, 14:08
I'v just checked the back of the visa waiver form and question F asks "have you ever been denied a US visa, refused entry into the US or had a visa cancelled" If you answer yes to any of the questions then you should apply to the US embassy BEFORE you travel.
If it was a fairly recent refusal (ie in the last few years since the advent of computerised records I think it would be very unwise to even attempt to go without trying to get a visa first , as soon as you arrive and your passport is swiped the chances are it will pull up your details and could lead to a very expensive Christmas day, not to mention boring if they decide to put you into a holding room and then on the next plane back.
chrizzy100
07-12-2003, 20:00
quote:Originally posted by Shamu
Help!!!! Please could someone confirm for me that if you are denied a B2 holiday visa, you are therefore not allowed to use the Visa Waiver form??? I read that on another website and am now concerned. Would love to hear if anyone knows anything about this....
Did they give you a reason....??
Did it say anywhere on the info they give you to just use the Visa Waiver....if not phone ask why you were denied it....and if it was because they thought you did not need it...ask for that in writing.....The INS loves everything in hard copy....
I was denied the visa on the grounds that I do nt have any reason to come back to this country (UK). I told them that my boyfriend was over there working until June and that's why I wanted the 6 month visa so we could return together. My main problem was that I don't own property here nor a job. I went to the US in June for three months, then returned after a week for 7 weeks. I was going to re-enter on a visa waiver when my american mate told me to go for a holday visa for 6 months...it sounded perfect. Now, I have been told that because I went for that visa and was refused, I may not get in on a visa waiver on Xmas Day, as I have the 214b stamped in my passport. I tried to do things properly and now feel like a common criminal. My concern is that they refuse me when I only want to stay there for as long as the waiver and just went for the B2 on the off chance. I am originally from Australia and they have a year visa for people who want to work etc and the same for the UK, so I thought that the B2 was a similar visa, yet you are not able to work. Wondering if anyone else has had a similar situation. I understand that the US are strict, but sep 11th affected the world and your average joe blogg gets penalised!!!!
steph_goodrum
08-12-2003, 01:01
ShamuI think you will find it extremely difficult to get in on Christmas Day if there is evidence on your passport, as soon as they look at the form, if you have answered no to being denied a visa they will see otherwise from your passport and that will probably be enough for them to send you home, if you are showing a pattern of spending more time in the US than anywhere else the flags get raised.
Our friend was refused entry under the vias waiver as he had a ticket for 3 months and they felt he might look for work whilst he was there because he had all his important papers with him, mainly because his mother and nan had died in the weeks before Christmas leaving him with no family in the UK (he has relatives in Atlanta and was going to spend 3 months with them because he had also been made redundant so figured it would be a good time to go before he looked for a new job whne he got back. He rented out his flat on a 3 month lease to somebody he knew but did not want to leave all his documents lying around. He was questioned for 3 hours (this was before 9/11 btw) and told he was being refused entry (they do not have to even give you a reason) and was brought home the next day. When he applied for a visa the next year it was turned down at first but was granted the following year but he said it is not an experience he would wish to repeat.
If you have spent 19 weeks there since June they may well be suspicious. I'm not trying to be negative but just because it is Christmas doesn't meant the rules won't be applied, in fact they will most likely be even more aware that somebody of a religion that does not celebrate Christmas may well try and inflict some sort of damage on that day or that a terrorist may think it would be a good day to try and enter the country as immigration officials may be off guard because of the holiday.
I know what you are saying Steph and it makes sense, but it is so frustrating. All I am wanting to do is spend the holidays with my boyfriend (it's our anniversary on New Year's Eve). At the moment my ticket is for three months,I wonder if it would be worth changing it to return for three weeks. You see, this is what happens...now I am being dishonest by trying to make myself look better when I don't even want to live in America!!! We are wanting to move to Australia when he finishes out there anyway in June....how on earth can I make them understand???????
Courtney
steph_goodrum
08-12-2003, 03:39
I'm afraid I don't know what the answer would be Courtney, other than to phone the Embassy and ask for advice. Presumably from what you said the refusal was fairly recent so they may say there are no grounds for changing the status. They may even think that you are going to get married to your fiance whilst you are there and then claim spousal dependancy under his visa. Unfortunately there will always be someone who has tried it and as you say it is always the innocent ones and those who are honest who seem to be penalised because of it.
I do hope you manage to get it sorted as it is understandably going to ruin your holidays otherwise.
hgoodfellas
08-12-2003, 08:21
Shamu,
I do wish you LUCK. Maybe if you go to the Embassy in person and explain your situation, at least then you will know that someone has heard you. But if all else fails maybe your boyfriend can come to you, at least for New Years Eve. I really didn't realize it is so hard to get a visa to this country. You hear on the news how all of these terrorist can come here un-noticed. But of course good, honest people like yourself they deny entry to. Keep your head up and try every possible way to come legally...you don't want to get here and have to go back, that would be to traumatic.
Thanks for your support guys, yes I really wonder how people are getting in there unnoticed. I just rang the embassy and she told me that you are only allowed a 6 months quota stay for every year anyway, which I wasn't aware of. I have been there 5 months since June already so am more likely not to be allowed in, even if I hadn't been denied a B2 visa. I am not surprised people overstay their welcome....I believe that if they allowed people in any old time (obviously without any terror threat) like most countries do, they would see less people not going home. At he moment my boyfriend is on a B1 visa for business but he is in the process of getting an L1, but whilst that is going ahead he is not allowed to leave the country...so unfortunately he cannot come back here for New Year's Eve, unless his visa comes through by then...it's already been 5 months!!!! So, I guess that's it, I am trying to be positive but it's getting hard.
[msnscared]
Courtney
steph_goodrum
08-12-2003, 16:18
At least you know now Courtney rather than find out on the day which would be even worse (not to mention expensive). It is hard when you cannot see each other through no fault of your own but as you say even if you hadn't applied for the visa you could well be refused anyway as you would be over your time limit, and hopefully at least you can then get your money back and save it for another trip. We'll keep our fingers crossed that your boyfriends visa comes through in time for you.