221(g) visa refusal 2 yrs ago and now applying for ESTA

nuaaxiayu · Post by **nuaaxiayu** » Sun Dec 10, 2023 1:11 pm

Dear Forum,

A friend of mine is now a British citizen and wishes to apply for ESTA in order to travel to US for business purposes. However they held a foreign passport before and under this foreign passport they had a B1/B2 visa refusal around 2 years ago due to ineligibility under 221(g) and 212(a)(3)(A)(i)(ii), after waiting for 7 months since their US visa interview at US embassy. They also had two 221(g) administrative processing around 5 and 8 years ago but eventually got B1/B2 visas for both cases under this foreign passport.

Now their questions are:

(1) Could they apply for ESTA with a British passport despite the above visa refusal 2 years ago and two more 221(g) administrative processing 5 and 8 years ago under their foreign passport? They will be honest and mention these in the ESTA application form. Or would they better to apply for a B1/B2 visa using the DS160 form?

(2) Would their two 221(g) administrative processing 5 and 8 years ago be considered as visa refusals? Even though they finally got the B1/B2 visa after a few weeks of administrative processing?

Many thanks in advance.

Post by **AmazonianX** » Sun Dec 10, 2023 3:41 pm

nuaaxiayu wrote: ↑
Sun Dec 10, 2023 1:11 pm
Dear Forum,

A friend of mine is now a British citizen and wishes to apply for ESTA in order to travel to US for business purposes. However they held a foreign passport before and under this foreign passport they had a B1/B2 visa refusal around 2 years ago due to ineligibility under 221(g) and 212(a)(3)(A)(i)(ii), after waiting for 7 months since their US visa interview at US embassy. They also had two 221(g) administrative processing around 5 and 8 years ago but eventually got B1/B2 visas for both cases under this foreign passport.

Now their questions are:

(1) Could they apply for ESTA with a British passport despite the above visa refusal 2 years ago [align=center]Yes[/align] and two more 221(g) administrative processing 5 and 8 years ago under their foreign passport? They will be honest and mention these in the ESTA application form. Or would they better to apply for a B1/B2 visa using the DS160 form?

(2) Would their two 221(g) administrative processing 5 and 8 years ago be considered as visa refusals? Even though they finally got the B1/B2 visa after a few weeks of administrative processing?

Many thanks in advance.

nuaaxiayu · Post by **nuaaxiayu** » Sun Dec 10, 2023 11:27 pm

Thank you AmazonianX,

Do you mean they can apply for ESTA? If so should they mention when filling ESTA form that they have been refused US visa under a previous foreign passport once or three times?

Thank you again.

Post by **AmazonianX** » Mon Dec 11, 2023 12:27 am

nuaaxiayu wrote: ↑
Sun Dec 10, 2023 11:27 pm
Thank you AmazonianX,

Do you mean they can apply for ESTA? If so should they mention when filling ESTA form that they have been refused US visa under a previous foreign passport once or three times?

Thank you again.

Yes. You have got to be upfront with that where asked.

nuaaxiayu · Post by **nuaaxiayu** » Mon Dec 11, 2023 9:07 am

Hello AmazonianX,

Thanks a lot, when filling the ESTA form, my friend is not sure whether they should mention they have been refused US visa under a previous foreign passport once or should they mention three times? They are not sure if administrative processing would count as a "refusal" or not? They had two administrative processings before but both times eventually got the US visa.

Post by **AmazonianX** » Mon Dec 11, 2023 9:33 am

nuaaxiayu wrote: ↑
Mon Dec 11, 2023 9:07 am
Hello AmazonianX,

Thanks a lot, when filling the ESTA form, my friend is not sure whether they should mention they have been refused US visa under a previous foreign passport once or should they mention three times? Its their decision what to declare or how many times They are not sure if administrative processing would count as a "refusal" or not? They had two administrative processings before but both times eventually got the US visa.

No one will lead you by the hand on how you fill you form please! Be sincere and truthful in your dealings.

Post by **Ticktack** » Mon Dec 11, 2023 11:32 am

nuaaxiayu wrote: ↑
Mon Dec 11, 2023 9:07 am
Hello AmazonianX,

Thanks a lot, when filling the ESTA form, my friend is not sure whether they should mention they have been refused US visa under a previous foreign passport once or should they mention three times? They are not sure if administrative processing would count as a "refusal" or not? They had two administrative processings before but both times eventually got the US visa.

If Visa was granted after admin processing, then that means it wasn't refused. It can't be 2 things at a time.

Stick with the time(s) it was rejected and visa wasn't given. It doesn't matter what passport was used. It's not about the passport/ nationality, it's about the person.

nuaaxiayu · Post by **nuaaxiayu** » Mon Dec 11, 2023 9:11 pm

Thank you again AmazonianX and thank you Ticktack, much appreciated.

Ticktack, my friend also did some online searches and was told technically 221(g) would also be considered as visa refusal and need to be disclosed when applying for ESTA, that was why they wanted to double check in this forum.

Thanks again.

Post by **Ticktack** » Tue Dec 12, 2023 10:58 am

nuaaxiayu wrote: ↑
Mon Dec 11, 2023 9:11 pm
Thank you again AmazonianX and thank you Ticktack, much appreciated.

Ticktack, my friend also did some online searches and was told technically 221(g) would also be considered as visa refusal and need to be disclosed when applying for ESTA, that was why they wanted to double check in this forum.

Thanks again.

I'm not say 221(g) isn't a visa refusal. If you're refused a visa for any country, it has to come under some code, section, .....
Because US visas are done via interviews, except for dropbox (visa renewals) which is auto granted. The consular officer always tell you verbatim, "at this point in time, you do not qualify for a US visa"! Passport is returned and a little piece of paper with whatever code is attached to it.
If passport was held, or your friend was asked to come back because he needed some extra document to satisfy the consular officer and subsequently visa was issued based on the same visa fee initially paid. In my opinion, visa was never denied.

However, if it would make your friend sleep better at night. Then he can say yes. ESTA might take 72 hours before approval as it would raise a flag and someone might have to look at it and make a decision.

Regardless, it should be approved.

nuaaxiayu · Post by **nuaaxiayu** » Tue Dec 12, 2023 9:13 pm

Thank you again Ticktack, much appreciated.

SamAsh · Post by **SamAsh** » Sat Feb 03, 2024 4:39 pm

@nuaaxiayu

Did you get the Esta approved then ? Please update i have the similar issue….

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