USA Travel with ILR- Previous Denial

[tayloragreen]

Hello,

My fiance has been previously refused a USA Travel Visa twice. Once in 2013, and again in 2014.

Under advisement, he stopped trying to visit me and has not re-applied since.

He was recently granted ILR.

What should his next step be? To wait a year for naturalization before trying to visit the US, or is it better for his application now that he has ILR? His ties are also much stronger to the UK than when he previously applied.

Thank you!

[CR001]

Why was he previously refused??

[tayloragreen]

Section 214(b) saying that he did not demonstrate strong enough ties to his home country which would compel him to leave the U.S. following your temporary stay.

This is why I think now, after waiting for 5 years, holding ILR, and with stronger ties, his chances are better.

[Justlorde]

Section 214(b) saying that he did not demonstrate strong enough ties to his home country which would compel him to leave the U.S. following your temporary stay.

This is why I think now, after waiting for 5 years, holding ILR, and with stronger ties, his chances are better.

He could try again, not much can be done around 214(b), perhaps if his employer is well known, supporting letter from them would help (was denied twice US visa, supporting letter from my employer (MNC, based in San Francisco) helped and was approved 10 years B1/B2 visa. Have visited pretty much every year to US on holiday/work, get asked about visa denial reasons, but doesn't create an issue to enter.

Alternatively they can wait till he has UK passport and go after using ETSA?

[CR001]

Section 214(b) saying that he did not demonstrate strong enough ties to his home country which would compel him to leave the U.S. following your temporary stay.

This is why I think now, after waiting for 5 years, holding ILR, and with stronger ties, his chances are better.

He could try again, not much can be done around 214(b), perhaps if his employer is well known, supporting letter from them would help (was denied twice US visa, supporting letter from my employer (MNC, based in San Francisco) helped and was approved 10 years B1/B2 visa. Have visited pretty much every year to US on holiday/work, get asked about visa denial reasons, but doesn't create an issue to enter.

Alternatively they can wait till he has UK passport and go after using ETSA?

With refusals in the past, he would likely not get an ESTA and would still have to apply to the embassy. The US visa website is quite clear on this point.

https://travel.state.gov/content/travel ... ogram.html

I was denied a visa under section 214(b). May I use the VWP?
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. If you are uncertain if you qualify for VWP travel, you may apply for a visa.

[Justlorde]

Section 214(b) saying that he did not demonstrate strong enough ties to his home country which would compel him to leave the U.S. following your temporary stay.

This is why I think now, after waiting for 5 years, holding ILR, and with stronger ties, his chances are better.

He could try again, not much can be done around 214(b), perhaps if his employer is well known, supporting letter from them would help (was denied twice US visa, supporting letter from my employer (MNC, based in San Francisco) helped and was approved 10 years B1/B2 visa. Have visited pretty much every year to US on holiday/work, get asked about visa denial reasons, but doesn't create an issue to enter.

Alternatively they can wait till he has UK passport and go after using ETSA?

With refusals in the past, he would likely not get an ESTA and would still have to apply to the embassy. The US visa website is quite clear on this point.

https://travel.state.gov/content/travel ... ogram.html

I was denied a visa under section 214(b). May I use the VWP?
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. If you are uncertain if you qualify for VWP travel, you may apply for a visa.

Ah good to know, Thanks CR001! (Good as I didn't wait for it )

[tayloragreen]

Thank you both for the insight!

Because of his previous denials, obtaining British Citizenship would still not allow him to be waived on the ETSA. So, it would be best to go ahead and apply now with the ILR, as it would be the same either now or then.

Thanks again! Fingers crossed that third time is the charm.