ESTA

Jan07 wrote: ↑

Mon May 22, 2023 10:35 pm

Good Evening, I’m slightly confused, my U.S visa was refused almost five years ago, which was applied on refugee travel document, but now I’m British, as per my understanding I’m not eligible for ESTA. Your understanding is wrong.

My questions are;

Will it be a problem if I apply for a visa through embassy instead of applying for ESTA? Is there any rules that in any case we should first apply for ESTA, the reason I’m concerned as I don’t want a refusal record in their system.You can always apply for a visa instead of a VWP. Visa allows you to spend a maximum of 6 months in the US at one go whilst the ESTA only allows you 3 months.

secondly, on their website it says “A recent visa refusal for any reason could result in denial of ESTA authorization, additional review at the port of entry, or denial of admission to the United States even though it concerns a previous passport. Normally, if you apply for ESTA, the approval comes within 24 hours mostly less in most cases. In your case the approval could take up to 72 hours, as it would trigger a review by someone instead of the standard approval. If you didn't do anything crazy when you where denied, like being caught with false docs or a big lie. Then you'd be treated differently as a Brit. Ps: Please note that even a visa or ESTA isn't guaranteed. There are cases where pre-approved ESTA has been denied at point of embarking on the flight or POE based on a lie that was caught after the system auto-approval.
If you are uncertain if you qualify for VWP travel, you may choose to apply for a visa”.

My query is about where it says ( a recent visa refusal), mine one was almost five years ago, will it still be a problem? Defo, not recent. Go for the ESTA and say you where denied a visa before. It would ask you for the date and consulate where it happened. It's only $14, you can gamble that. Alternative is $160 and get judged by some guy. If your ESTA is denied which I hope not, then you can go to the Embassy. Earliest date you can get is like 2-3 months anyways. That's some cooling off period.

Thank you

Jan07 wrote: ↑

Tue May 23, 2023 3:02 pm

Thanks a lot and really appreciated your reply, I prefer to apply for ESTA but I’m worrying about refusal as on their official website it stated, (visa refusal for any reason could result in denial of ESTA).

I haven’t lied or submit fake documents, and I have been to the U.S before as well on my other passport, not overstayed or any other issues, but the denial was on refugee travel document unfortunately, under section 214(b), though I have demonstrated that I have permanent job and family in the UK, but still they have refused it during Trump administration.

In case ESTA isn’t approved, will it be a problem in future or applying in person via embassy/consulate? Nope, even people that were denied visas at a point got granted visas on a later date. Mostly refugee TD's get visas denial. It's just simple maths. They assume that you could get to the US and also declare asylum or get married to someone and have Adjustment of status (AOS) which is easier there than here.

Thank you