Welcome to immigrationboards.com!
In other words, having a visa denied does not mean that one is ineligible for the VWP, as you indicated in your previous post.johnsienk wrote:ESTA system now (2011) used for passengers arriving by air and sea will most likely disqualify you if you indicate you have been previously denied a visa.
Even if authorised, you will be taken for additional questioning at the port of entry, the outcome of which is less than certain. If in doubt, apply for a non-immigrant visa at your local consulate.
>> ESTA may be approved or denied.
It should be clear: ESTA authorisation does not mean (or otherwise quarantee) you will be admitted to the US.
So being resfused a visa on previous passport does not make a traveller ineligible to travel under wvp....he/she may be questioned at port about the refusal.Have you been refused a visa under Section 214(b) or 221(g)?
Travelers who have been refused a visa under the provisions of Section 221(g) or 214(b) of the Immigration and Nationality Act are not prohibited from traveling visa free under the Visa Waiver Program. However, they will be questioned by an immigration official at the U. S. port of entry regarding the refusal by the Embassy or Consulate.
Therefore, they should ensure that they carry evidence of their intention to depart the United States at the end of the visit. This is generally satisfied by furnishing evidence of strong social and economic ties to the traveler's place of permanent residence. There is no set form that this should take as each person's circumstances differ. If the immigration officer is not satisfied that the traveler meets the qualifications for nonimmigrant status, the traveler will be denied entry.