Blocked Visa Waiver Programme

[mikey7]

Help? Can someone advise me on the best way forward?
My wife and I, who are both resident in the UK (North Ireland) recently applied for B1/B2 visa for USA. We were turned down on grounds of no Employer and no Home ownership. We were able to show long term rental lease on our UK apartment and documents showing our own UK business, contracts and offices etc. Incidentally, our business was promoting vacations, business and investment in North and South Carolina!!
This now means that we can no longer visit the USA- even on Vacation - since the I-94 form specifically asks 'Have you ever been refused a US Visa? If we answer Yes then there is every chance of being turned back at the US immigration port - too risky and potentially very expensive! So, now what do we do?
So, our very genuine intentions of securing B1/B2 for purpose of vacation home ownership in US has backfired and apparently left us unable to visit the Country again! Future applicants should beware of this consequence of making an honest application! If in doubt stick to Visa Waiver while you can - unless you are absolutely certain that you will secure a B1/B2!!

[Marco 72]

Being refused a visa doesn't mean you are barred from using the Visa Waiver Program. See the website of the US Embassy in London here (section "Refused a Visa"). I reproduce it below

While 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 ineligible to travel visa under the Visa Waiver Program, they will be questioned by an immigration official at the U. S. port of entry regarding the refusal by the Embassy or Consulate.

The traveler should carry with him or her evidence of his or her 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 '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.

In other words it's not impossible for you to use the VWP, you will just have to tick the "yes" box next to that question, give the appropriate details, and expect to be questioned by an immigration officer at the point of entry.

It's very difficult for travellers who qualify for the VWP to be granted a visitor visa, except in special circumstances (e.g. if you are retired).

[JAJ]

Are you British citizens? If so, why did you apply for the visa in the first place?

U.S. consular officials don't really like to see those who are eligible to use the visa waiver scheme applying for a B1/B2 visa, unless they have a good reason for needing one.

[ZWND_1]

Thanks Marco and JAJ for sharing your thoughts. I'm naturalised British. In my previous citizenship 12 years ago i had my F1 rejected. Do you think i will be eligible to VV. JAJ why you implying that for BC it is difficult to get B1/B2. Can i use VV or do i need to apply for B1/B2. Marco, just to calrify what you wrote - I can use VV but need to show evidence of strong ties (Mortgage/Job)to UK at port of entry. Is that right.

[Marco 72]

JAJ why you implying that for BC it is difficult to get B1/B2.

Only for those who qualify for the VWP, which allows them to stay a maximum of 90 days. Embassy officials will get suspicious if you tell them you need to stay longer than that, particularly if you are of working age.

Can i use VV or do i need to apply for B1/B2. Marco, just to calrify what you wrote - I can use VV but need to show evidence of strong ties (Mortgage/Job)to UK at port of entry. Is that right.

Yes. Can you get a letter from your employer, or bring your mortgage/rental agreement?

[ZWND_1]

Thanks Marco for clearing this. I presume previous visa refusals either in current or past citizenships does not disqualify one from using VVP. Please can you assert this. Yes i can get letter from employer and rental contract if i have to use UK passport for VV. I have a colleague/friend who just acquired BC like me. He is planning to work in US and currently his H1B application is pending with US embassy (employer/security check). We have a friends in California and they want us to visit them. Can he use VVP like me and carry letter from employee and rental agreement at port of entry. When we asked travel agent he asked us to contact the US embassy. I will let you know when i hear from him. Can anyone share their views on this.

[Marco 72]

About refused visas not disqualifying you from the VWP: please see the second message in this discussion, and click on the link provided there.

It might also be useful if you brought any other evidence of ties to the UK (bills, bank account, ecc). Don't show anything unless asked.

[ZWND_1]

Marco, I'm clear on previous visaa refusal issues. I understand travellers need to show strong ties to UK at port of entry when using VW. What i'm not clear is - if a visa is pending with US consulate(eg H1B) can VW be used to travel only on visit purposes. I will let you know when we hear anything. But your views are welcome. Thanks again.