US Visit Visa after ILR - Denied before

HI All,

I have a question for you and i hope from this immigration board i will get some guidance. Currently i am Citizen of Pakistan holding ILR and living in the UK for over 10 years. i am due for my British Citizenship in 4 months. I applied for US Visitor Visa in 2012 which was denied stating their generic refusal form Secton 214b. When i applied i was married and my wife was Canadian citizen. They refused me after this question "are you married?? >> yes, is your wife british?? >> no she is canadian" i am refusing your visa etc. That time my visa was Post Study Work.

I am engaged now to a afghan national who is currently doing MS in US i need to go their to attend her graduation ceremony. I am wondering if i should apply for US visitor visa?? Having ILR will increase my chances?? or should i wait for my British Passport as i do not want to be refused ESTA, but i have already been refused so whenever i apply for US visa or ESTA regardless of if i apply now or not i have to fill in that i have been refused visa.

what will be best action to do??

Thank you all for taking time and replying to my question.

This should answer your question, as you have been refused a visa previously it's unlikely that a future esta application will be successful. So in essence you will most likely require a US visa irrespective of which passport you hold.
https://help.cbp.gov/app/answers/detail ... on-benefit

Thanks for your reply, so i believe i am better off applying for Visit visa as it doesnt matter anymore once denied it will always cause problem and one cant do anything about it.

Yes, that would appear to be the case, based on what they have published.

Dear All,

I went ahead and applied for Visitor Visa for US, Interview was successful and consular said "i go ahead and approve your visa". After the interview i was waiting for the passport to arrive but instead i receive two emails.

1
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ADMINISTRATIVE PROCESSING

Your visa application has been refused under Section 221(g) of the Immigration and Nationality Act, pending additional administrative processing. Section 221(g) prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the Immigration and Nationality Act or related regulations. Additional administrative processing cannot be waived and we cannot issue a visa until the processing is complete. This review may take approximately 60 days to complete. In some cases, however, processing time is six months or longer. For U.S. immigration law purposes, including ESTA (see https://esta.cbp.dhs.gov) , this decision constitutes a denial of a visa.

The Embassy will contact you by email with the outcome of the administrative processing. You are not required to schedule another visa interview. If your passport is requested, you will need to sign into your account at https://ais.usvisa-info.com/en-gb to arrange for delivery. Your application will take between 7-10 business days (excluding return delivery) to process once it has been received by the Embassy. Once processing is complete, your passport will be delivered to you by our courier service. That service will send you an email with a tracking number which you can use by signing into your account at https://ais.usvisa-info.com/en-gb . Your passport will be delivered to your chosen delivery location.

2
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Dear Mr xxxxxxxxxxxxxxxxxxxx,

Thank you very much for your interest in a non-immigrant visa for travel to the United States. Some additional information is required at this time in order to continue the processing of your recent application. You must reply within seven days of receiving this e-mail. We request that you please reply to this e-mail as thoroughly and specifically as possible with regard to the following items:


Your complete travel history for the last 10-15 years, in chronological order.
The full names of any siblings, children, and/or former spouses/partners *not* already provided in your initial application.
Your residence address history for the last 10-15 years, in chronological order.
All prior passport numbers and country/countries of issuance.
All prior occupation(s), plus a brief description if necessary, for the last 10-15 years.

Your timely reply will help expedite a final determination
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I am unable to understand what is this for, first he said visa approved then these emails, not to mention on first email it says "your visa has been refused under 221(g).

So what is this administrative processing for?? Certainly i will be providing the information requested, but i am unable to understand if it has been refused or undergoing administrative processing. During this process they will keep my passport with them??? and what kind of processing is this?

Thank you all for your support

It appears that your previous refusal has been flagged up.

Yes, it's most probably due to your previous visa refusal. From what I've read a decision made on the day of an interview may be overturned by a supervisor if there is just cause, and then submitted for administrative review, which is the most likely scenario based in what you have shared.

You should be prepared for a delay in the overall visa processing time, and will find a lot around this topic if you do a quick Google search.

cs95tdg wrote:Yes, it's most probably due to your previous visa refusal. From what I've read a decision made on the day of an interview may be overturned by a supervisor if there is just cause, and then submitted for administrative review, which is the most likely scenario based in what you have shared.

You should be prepared for a delay in the overall visa processing time, and will find a lot around this topic if you do a quick Google search.

Thanks for you reply,

Does it mean visa has been denied?? what happens next after i have provided the requested information? what do they do with that information.
Is it possible that my name may have conflicting with someone with the similar name in their database which caused administrative processing.

At the time of interview VO did not talk about my previous rejection.

naazz wrote:

cs95tdg wrote:Yes, it's most probably due to your previous visa refusal. From what I've read a decision made on the day of an interview may be overturned by a supervisor if there is just cause, and then submitted for administrative review, which is the most likely scenario based in what you have shared.

You should be prepared for a delay in the overall visa processing time, and will find a lot around this topic if you do a quick Google search.

Thanks for you reply,

Does it mean visa has been denied?? what happens next after i have provided the requested information? what do they do with that information.
Is it possible that my name may have conflicting with someone with the similar name in their database which caused administrative processing.

At the time of interview VO did not talk about my previous rejection.

I can't really answer the questions you have raised as only the US consulate visa processing officers would know the reasons for their decision. From what I understand your visa application has been refused, but has been submitted for administrative processing. Meaning they would review your application again with the additional documentation they have requested from you. So it's not necessarily their final decision. Have a read through... http://travel.state.gov/content/visas/e ... nials.html