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VWP after student visa denial in 2006?

New York, NY |

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 please?

Attorney Answers 4

Posted

Many people get the ESTA approval, but are denied entry.

You can take your chances, or apply for a B-1/B-2 and be more comfortable on arrival.

The decision is yours.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Asker

Posted

Thanks for the answer. Most of the US embassy sites worldwide make it sort of clear that once denied a visa ,forget VWP travel. They also say that once you're denied ESTA you should appy for a visa,so it's basically the other way around. At the same time,isn't it a bigger risk for an ESTA approved traveler to apply for a B1/B2 tourist visa? That's like showing that 90 days of stay are not enough for my trip,which can raise suspicions and i would definitely understand that. I'm definitely not interested in staying in the country for more than 90 days and i know that in case a B2 visa is denied then chances are totally blown regarding the VWP. Many thanks again!

F. J. Capriotti III

F. J. Capriotti III

Posted

I don't quite understand your comment. VWP and ESTA are the same thing. Prior to there being an online, electronic, application, people traveled on VWP by getting a green I-94W on the airplane. As for raising suspicions .... I think you're over-engineering things. The decision to travel is yours and yours alone ... try to avoid using information you glean off an internet blog to make important decisions. if you want solid information, pay an attorney for a consultation ... many use Skype.

Asker

Posted

Since the ESTA inspections are made by CBP,an ESTA approval is quite 'vague' in a way,meaning,i'm approved by CBP to travel but at the same time i might be denied entry at the border by CBP again. I'm not expecting a certain answer,just info/advice that would make me decide if it's worth travelling or not. Thanks for the help Mr Capriotti.

F. J. Capriotti III

F. J. Capriotti III

Posted

Getting registered with ESTA isn't really an 'approval'. More accurately, it is not a denial. By actually obtaining a B-1/B-2 at the US Consul, making sure that you fully disclose the visa denials (you still haven't given us enough information to adequately understand what happened) ... especially if they were at the same place where you apply for the B ... gives you more assurance that you were fully 'inspected' prior to getting on the airplane. And, absent something significant coming up, gives you a greater likelihood of getting admitted by CBP. Take care.

Posted

That is your decision to make, and you'll have to live with its consequences. Just like the Professore recounted, 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

Thanks for the answer. What do you mean by bold and adventuresome,me making the decision to fly to the US? I suppose you mean i shouldn't present any of my documents if i'm not asked? Many thanks for your reply again!

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Yes! And yes again! Bon voyage! Let us know how it went.. Don't forget to designate a "Best Answer" to your question.

Posted

Do not duplicate your postings. Read the issued opinion.

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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Posted

Different Visa Waiver Countries have varying degrees of successful admission rates to the U.S.

Which country are you from?

If you have time to wait for a request for a B-2 Visa to be processed before the seminars then it sounds like you are a strong candidate for a B-2. This application requires a description of your plans and travel itinerary and can be valid for up to 6 months. The receipts from the business seminars as well as letters from your friends can be submitted as strong support.

Please advise if I can be of further assistance.

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Posted

Thanks for your reply mr Wynn! I'm from Greece.At this stage i don't want to apply for a B2 visa for various reasons,first and most important being that i'm not interested in staying in the country for more than 90 days. Also,a B2 denial is followed by permanent ineligibility for VWP and $160 wasted. Since CBP have the last word and since my ESTA was approved by CBP,simple logic says i should just rely on that and present myself at the port of entry with my ESTA. I know B2 denials are quite frequent for people who qualify for VWP. I emailed DHS about it and waiting for a reply,i'm not expecting any 100% solid answer,just collecting advice/info so i can decide if it's worth travelling or not..if i don't get any i'll cancel the trip. I assume it's also obviously a bit more of a hassle cause my length of stay would be around 80 days and not 2 weeks ?

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