Apply for B2 in a third country

[Boiler 43,434]

You did not get a B before, what do you think that has changed that has improved your situation?

[seanwang 0]

I just ask if going back to my home country to apply for B2 is the only solution to my issue, although I would not do so.

I'm now in Canada, close to the States. If possible, I still want to go back to meet some friends there. But, if it's not allowed, I have no option but to make other travel plans.

Edited November 20, 2014 by seanwang

[milimelo 4,196]

Time to go home.

[Boiler 43,434]

Depends on your risk capability.

Crossing the Border by land, well if you are refused the Canadians may not want you back.

Perhaps your friends can visit you as they are close.

Logically you would update ESTA and see what happens.

If you are still good to go then you can try, you could be refused, or allowed in for the remaining few days to make your flight or if they screw up another 90 days.

[seanwang 0]

(1) If I am rejected to enter the States, would I not be allowed to go back to Canada, either? If so, what would I be allowed to do? I would not be given any time to schedule my flight for next destination??

(2) It's recommended to update my ESTA status now. It's highly unlikely that I will be approved.

[Boiler 43,434]

I am not recommending anything, just pointing out options. The safest route is to fly home from Canada.

ESTA is not guaranteed to be refused just likey.

My guess if the Canadians refused entry they would take you into custody and deport you.

[Merrytooth 5,748]

You sound desperate to stay in US.

The US consulate will be able to see through this.

Denied B2 -> but still entered US on VWP without update ESTA -> Trying to apply B2 in a 3rd country.

You are lucky that US granted Taiwan VWP status in 2012.

Too bad you have screwed up, and may not be able to use VWP again.

[seanwang 0]

It's said that it's harder to get a B2 since ESTA exists.

Maybe I will need to ask the US embassy again.

Edited November 20, 2014 by seanwang

[MacUK 983]

(1) Should I update my ESTA status now if I want to go back to the States on my first ESTA application? I heard that if I updated that B2 VISA had been denied, I would not be be allowed to get a valid ESTA.

I'm confused, it sounds like you knew that you should have updated the ESTA but didn't because you feared you wouldn't be able to enter the States?

That sounds like you knowingly misrepresented yourself.

[seanwang 0]

I was not clear about the ESTA regulations. I was told about that after I entered the US. This is also my first time to enter the US.

I studied an MBA in Canada for a short time. The consular office knew about that from my passport.

Edited November 20, 2014 by seanwang

[Boiler 43,434]

Ignorance even if you could prove it would not help.

[MacUK 983]

Out of curiosity (it's been many years since I last flew to the States), do passengers not have to fill in the little green card any more?

[Boiler 43,434]

ESTA replaced it. Similar questions.

[seanwang 0]

I just found the ESTA regulations as follows: I'm clueless about why coming by land does not require ESTA authorization and how the CBP officers grant admission.

If you are coming under the VWP by air, you must apply in advance for an Electronic System Travel Authorization. We recommend you apply at least 72 hours in advance of your travel, but emergency, last minute travel can usually be accommodated. If you are coming by land, you do not need to have ESTA authorization

[MacUK 983]

I just found the ESTA regulations as follows: I'm clueless about why coming by land does not require ESTA authorization and how the CBP officers grant admission.

If you are coming under the VWP by air, you must apply in advance for an Electronic System Travel Authorization. We recommend you apply at least 72 hours in advance of your travel, but emergency, last minute travel can usually be accommodated. If you are coming by land, you do not need to have ESTA authorization

Because ESTA is not what you enter the States with. It's merely a pre screening check before people fly.

When they get to the US they apply to enter using the VWP. VWP is not ESTA and ESTA is not VWP.

Travelling by land you still have to fulfil the requirements of the Visa Waiver Program, one of which means declaring that you've been denied a visa.

No matter how hard you try to find a way around it you will not be able to get away from that fact.

You've already committed fraud once, even if it was by ignorance of the rules.

You need to start thinking about going home, from Canada.