refused a Visa

[tappy82]

I have recently been refused a H2 B Visa. Will this stop me from visiting the US for a holiday/vacation? Will I be denied entry in the states? and how long can I take a trip for without a Visa?

Thanks

Alex

[lou 26]

you can stay for a max of 90 days under the visa waiver scheme. whether or not you are refused entry to the states im guessing depends on why you were refused a visa, but im not entirely sure sorry

[tappy82]

I was refused because I could'nt prove enough strong ties that I was coming back. Despite my mortgage and bank statements. It was my secound time I was refused, also I mentioned that my girlfriend lives out there. I don't think they liked that

[Buenchico]

You might find it difficult to enter the USA under the Visa Waiver Program.

From the website of the US embassy:
"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 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 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."

So, it appears that you'll be required to provide evidence of 'ties' if you attempt to travel under the Visa Waiver Program. Since you couldn't produce sufficient evidence to obtain a visa, there would seem to be a strong possibility that you might encounter the same problem on arrival in the USA.

Chris

[tappy82]

Thanks for the info really appreciated

[JonnoGenie]

I suspect that if you try to enter on a Visa Waiver, they will have noted on their records that you were refused a visa (twice). If you haven't convinced embassy staff during the application/interview, I expect USCBP on the spot are not going to be very lenient.

It is a real bummer; I went through the same **** with my girlfriend living in the States, and visiting frequently. Luckily I could prove 'strong ties' to the UK, but even then they only issues a 3 year B1/B2 (the max/norm was/is ten years), so you can see they still weren't entirely happy, despite me having an overall strong and well prepared application.

In your position I'd focus all my effort on building a picture of strong ties to the UK.

p.s. Having a return air ticket out never helped prove much for me. Even if I went for say 4 weeks their attitude was 'As far as I'm concerned it might as well be 90 days (i.e. they were suggesting I could have changed the ticket), and then you'll just come back again'.

[tappy82]

I can't believe they refused me and now I might not even be able to holiday there! In terms of strong ties, would showing a mortgage, bank statement and job here be enough? what else do you suggest to show 'strong ties'?
Thanks again

[lou 26]

you could have a look on here

http://www.solutionsinlaw.co.uk/b_1_b_2_visa.h tm

but it seems youve tried that approach already. A letter from your employer maybe beneficial it seems?

[JonnoGenie]

Hi Tappy,

It is tough, and pretty stupid. The issue is within the difference between a B1/B2 and the VWS.

In that the VWS gives you very few rights, and allows a stay of max 90 days. The B1/B2 gives rights to stay up to six months (and then apply to extend to a year)... and is the first channel for a lot of people in eventually applying for a green card.

I can see where the embassy are coming from in a way - if your case is anything like mine was. You are not really going their (on a B1/B2) quite on holiday, you are to an extent going to live with your girlfriend. Who you might get engaged to, might marry, might then apply for a green card.

I went to the States at least 6 times in a year on the VWS, for a total of maybe 8 months until they accused me of 'abusing the sheme', 'working here illegally', and telling me I could not use it any more.

You would have thought a mortgage, bank statement and job would be enough to prove 'strong ties' for heavens sake. Did you enclose proof of all of this with your application? An employee letter would definitely help too ('To who it may concern, Tappy is in full time employment with us, we understand he is hoping to visit the US on holiday from x date to y date, and then return to work').

Plus, do you have any family here?

This really should prove enough. If not I think the embassy should be telling you really quite specifically what their issues are.

Good luck.

[tappy82]

Also, if I do get refused entry because of the visa problem, will that mean I won't be able to go back there again?

[tappy82]

What will happen if I get refused entry into the US on arrival? Will I ever be allowed to visit the States again?
Thanks

[JonnoGenie]

If you get deported upon arrival, that really will not help any future attempts to get into the country, on the VWS or via a visa.

Unfortunately you seem to be in a it of a corner. You need to identify the issue ('ties to England') and fight that.