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Can i travel on VWP after student visa refusal?

Cleveland, OH |

I'd like to travel to the US in January for about 80 days.
I studied in the US from 2004-06 and also had a different student visa denial back in 2006.
The purpose of my trip this January is to visit friends and old schoolmates,attend some music business seminars(i've already paid for)as well as travel a bit.
From what i've been told one becomes eniligible for VWP after a visa refusal.
However,i completed ESTA just a few weeks ago,mentioning my past visa denial on it and my ESTA was approved.
At the port of entry,i am capable to present 2 bank accounts with my savings,address while in the US,receipt of my short course payment,as well as a return ticket.
I would like to book tickets asap,but if it's going to be risky due to my past status i'd rather cancel the trip.
Any advice/info pl

Attorney Answers 4

Posted

No matter how much you want the actual assurance that you will be admitted, there is no such guarantee for any foreign national seeking admission on any non-immigrant visa.
Since your ESTA was approved, present the above documents at the point of entry and respond honestly and fully to any questions at the point of entry for a favorable decision on your entry. If anything raises a red flag you entry will be denied.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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Asker

Posted

Thanks for the answer. No assurance seeking,just collecting additional info from professionals who know more than me,so i can come to a decision whether it's worth or not travelling in the end. At this stage you're saying it's black or white,which i'm already aware of,you're not telling me something i don't know. Nonetheless,many thanks for taking the time to answer.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Thank you for marking the answer helpful.

Posted

That is your decision to make, and you'll have to live with its consequences. Just like our beloved Professore recounted in his answer to your previous (duplicate, triplicate and quadruplicate question) , I too happened to have heard of a few instances when individuals like yourself boarded flights to the U.S. on their ESTA certifications, only to be intercepted by CBP upon landing and being sent back (after spending some 17 hours on CBP's hospitality at some special quarters of the airport, with no food or water during that time, allowed to go "toilet" only twice) By the same token, I've also heard of others that had much worse denials than yours, but who were allowed back in with their ESTAs as if nothing... Which statistic will you fill? That's the question. (Am sure you'll be back soon to tell us how it went.)
BTW if you decide to be bold and adventuresome, DO NOT present anything to CBP, unless challenged or specifically asked. (Keep everything out of sight in your closed bag.)

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

Would you be boarded if ESTA is approved? Probably. Might you be refused admission at the POE, most probably.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Asker

Posted

Many thanks for your answer. There is something i don't understand and an expert could give an answer to. Since ESTA applications are approved by the CBP,why are people being refused entry at the port of entry by CBP again? It defeats the purpose of having applied,given the fact that it's CBP who authorize ESTA in the first place. If the chances of entry denial are THAT high even in the case of an approved ESTA,it's like saying go ahead and book flight tickets but you'll probably be sent back anyway. I've never attempted it myself to know first hand but according to you,i'd be most probably denied entry so what's the reason why my ESTA wasn't denied? I assume the inspection never takes place and it's some kind of an automatic application based on data? I'm just trying to have a clearer picture on that.

Posted

based on the information that you provided you should not be allowed on the plane and if you are allowed on the plane you should not be allowed in the United States. you might get lucky and get away with it but don't plan on it.

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