Enter custom title (optional)
This topic is locked
Last reply was
2.3k

If you are eligible for the Visa Waver Programm, apply for a 6 month Tourist Visa for the USA and don't have a permanent job in your home country then read this to be prepared:

I am travelling and volunteering since 2 years round the world and been in that time in more than 50 countries. However, this July I went back to my home country Germany to apply for a 6 month Tourist Visa at the American consulate in Munich. I got all the papers ready, paid 110 (non-refundable) Euros in total and managed to book the necessary interview for 2 weeks later.
So, 2 weeks later I went to the consulate, handed my papers in, including a bank statement with 20000 Euros and waited for the interview. My number got called and I went to see a consular officer. I was asked how long I want to stay in the USA and I answered "4 month". Then I was asked if I have a permanent job here in Germany, which I answered with "No". The officer informed me then immediately that my Visa was declined, handed me my passport back with a leaflet, walked away and didn't give me any chance to explain or ask anything else and I was told to leave.
The leaflet said that my Visa was declined because of Section 214b, which means basically that they are afraid someone overstays his visa because either someone would not have strong ties to his home country or too strong ties in the USA or similar stuff.

However, I was not informed if I am still eligible for the Visa Waver Program or not once a Visa has been denied. So the very next day I filled out the ESTA online form for the Visa Waver Program. When the question came up on the online form "Have you ever been denied a visa..." I answered with "Yes". Still, the next day I got the approval that I am allowed to travel to the USA on the Visa Waver Program, but the final decision if I can enter the country would depend on the customs officer.

So I flew to Canada a month ago and tried to enter the USA via the land border from Vancouver to Seattle 3 days ago to stay there for 90 days on the Visa Waver Program. I had to fill out a green leaflet. Apart from other questions, there was the question "Have you ever been denied a visa to the USA", which I answered with "Yes".
The custom officers informed me then that once I am denied a Visa I am automatically not eligible anymore for the Visa Waver Program and that my ESTA-Approval was irrelevant. More than that, I am not eligible anymore for the Visa Waver Program for the rest of my life. Then I got interrogated for several hours, got my finger prints and photos taken, had to sign all kinds of staff, got warned not trying to enter the USA anymore without a visa and got sent back to Canada.

So, if you're ever to apply for a 6 month Tourist Visa without having a permanent job in your home country. Prepare yourself well and bring some strong proof that you have strong ties in your home country!

Good luck!

Edited by: delmundo51

Report
1

The number one reason for visa denial is lack of proof of ties to home. Welcome to the largest statistic.
You should look here though, specifically about half-way down. This type of denial is not permanent.

As for the VWP, this is straight from the State Department:
>I was denied a visa on a recent visa application, may I use the VWP?

A recent visa denial for any reason could result in denial of an authorization via ESTA, additional questioning at the port of entry, or denial of admission to the United States. Applicants who are uncertain of whether they qualify for VWP travel may choose to apply for a visa.

Next time, take the time to read the conditions of your entry. The question even being on the ESTA should have given you pause.

One more thing, being denied a visa does not make you ineligible to use the VWP in the future. It may make it practically impossible, but you may still get in at the discretion of the official you receive.
The fact that you were denied entry to the US makes you ineligible to use the VWP in the future. One of the requirements is that you have never been refused entry, which you now have been.

Report
2

It's not just a matter of lack of ties to your home country, but also a matter of showing that you have sufficient finances to pay for your trip. It's both. If you really feel you can show sufficient finances (e.g., bank account, inheristance, investments) AND can demonstrate ties to Germany that would make you want to return, then you can request another interview. A visa officer has to regard all non-immigrant visa applicants as intended immigrants. You need to show otherwise (yes, it's unfair, but you can put at least part of the blame on the thousands and thousands and thousands of people who went to the U.S. on tourist visas and didn't go home). Why you went to the U.S. on the visa waiver program when you'd had a visa denied, without inquiring more on your own, escapes me. The visa waiver program is expressly intended for people who would otherwise be eligible for a visa (i.e., a courtesy for low risk visitors). Hence the eligibility only for countries with a low rate of overstays. It's not a way to get around visa eligibility (though many people regard it as such). You can still apply for a tourist visa in the future. Read up on the regs beforehand. And start working on how to show you'd have sufficient motivation to return to Germany rather than, say, trying to find a job in the U.S.

Report
3

Hi bzookaj,

you're right, the denial of my visa is not permanent and I can apply anytime for a new visa for the USA. That's what they told me at the consulate in Munich and I never denied that.
However, the border guards at the US border informed me that I am not eligible anymore for the Visa Waver Program - and that it would be permanent.

I was aware that I might not get permission to enter the USA, that's why I tried it over the land border as I anyway planed to travel in Canada. You wrote yourself in your post that "A recent visa denial for any reason could result in denial of an authorization via ESTA". So, what does the word "could" mean?
Why did my ESTA-application got approved and I was authorized to enter the United states on the basis of the Visa Waver Program, even so I did answer truthfully that I got a visa denied - later the border guards refused to look at my ESTA-Confirmation and informed me that never whatsoever I am eligible for the Visa Waver Program once I got ever denied a visa. Isn't this a contradiction? Either it is a bug in the ESTA-system or the border guards don't know their own regulations?

I actually read the information about the "strong ties", before I applied for a visa and one of the examples they mentioned was a bank account in someones home country. Obviously the bank account was not enough and I was not allowed to show more evidence I had with me, because the interview was finished after 30 seconds.

Good luck!

Report
4

The ultimate judgment lies with the official you get at the border. It states so specifically in the rules for using the VWP.
Technically, you were eligible, so your ESTA was approved. They said you were not (mistakenly or not). Since they have the final say, then you were not eligible. Not that you have been refused entry to the US, even the ESTA should now deny your applications.

It may seem contradictory at times, and yes, the border officials may know the exact rules on occasion, but what they say goes, and you have no right to appeal the decision (another condition for using the VWP).
Be glad you were entering at a land border, and not having just arrived on a plane.

Report
Pro tip
Lonely Planet
trusted partner