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ryna

Denied tourist visa and future VWP

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Just pondering future events....

I didn't want to tack onto another related thread but I wanted to see if anyone from a country that is a recent addition (Chile, for example) to the VWP has any input...

Usually, the advice here on VJ for non-VWP nations is to apply for the B2 and the worst that can happen is that they get denied and lose their $160. Some of my wife's family almost certainly stand no chance of being issued a visa right now for financial reasons (not legal bans, character bans, etc., just $$$) We'd like to be able to have our 2 God-daughters visit for 2-3 weeks during their school vacation in the next year or two while they are still young enough to enjoy a DisneyWorld trip. We'd be paying, of course, but we also know the decision is out of our hands. However, If they can't get visas now, it would still be nice if one day they could in the future they could still visit, if and when VWP ever takes effect for Colombia

So... Assuming that Colombia is added to the VWP some day (and I'd give it a 50/50 chance in the next 10-15 years), would an attempt and denial now (pre-VWP) prevent them from ever using it in the future? I'd hate to know that a failed attempt at a visa now due to our offer of a gift trip might stop them from ever being able to visit on VWP in the future.

Everything is subject to change rule-wise in that amount of time but with some recent VWP additions, I was just looking to see whether a previous, pre-VWP denial had affected anyone.


N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

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A B2 denial does make you ineligible for the VWP.

I had thought any visa denial invalidates future use of VWP. Granted, VWP has always been a non-issue for my wife's family so I've never researched it beyond what I've seen here on VJ.


N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

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Nope.

Ack! I meant does NOT, does NOT.

Missing most important word.

A B2 denial does NOT make you permanently ineligible for the VWP.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Nope.

Ack! I meant does NOT, does NOT.

Missing most important word.

A B2 denial does NOT make you permanently ineligible for the VWP.

Ha! The funny thing is I read it as you had meant it with 'not'.

Anyhow, that's good to know. It wouldn't make sense to deny a future use of VWP when it doesn't even exist yet for a place but there's a lot in US immigration law that doesn't always make sense on its face.


N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

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Let's play a game: Find the sense in US immigration law. What doesn't make sense first? :)

I find most things make some sense, but you have to dig for the circumstances that created them.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Let's play a game: Find the sense in US immigration law. What doesn't make sense first? :)

I find most things make some sense, but you have to dig for the circumstances that created them.

That's why I added 'on its face' ;)


N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

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I highly doubt if Colombia will ever be added to VWP. Even though Colombia's adjusted refusal rate is already high, the visa overstay rate is also high, besides, all WVP countries are high income countries

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I highly doubt if Colombia will ever be added to VWP. Even though Colombia's adjusted refusal rate is already high, the visa overstay rate is also high, besides, all WVP countries are high income countries

I said it was 50/50 in 10-15 yrs (Ok, maybe more like 25/75) and mostly dependent on how things shake out there. I've already heard some discussion of it being added to VWP (in the distant future, of course) and I just recently read an article stating that, with a more stable environment, some projections even have them reaching "developed" nation status as early as 2023. Personally, I think that's a bit aggressive and a long shot but I'm not an economist, so....

Anyhow, it just got me thinking that if it one day it actually did happen, I wouldn't want a failed attempt to get a tourist visa for a visit to prevent them from being able to do so in the future (without the extra hassle.) I'm resigned to the fact that we'll always have to travel there which isn't necessarily a bad thing other than the vacation time needed to travel there for anything more than a quick visit.


N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

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I just checked and the B2 denial rate for Colombia is only 15%. Personally I would plan trips and get them to start applying for visas sooner v later. If denied I would keep trying to show I was serious.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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I just checked and the B2 denial rate for Colombia is only 15%. Personally I would plan trips and get them to start applying for visas sooner v later. If denied I would keep trying to show I was serious.

We're planning on getting them started when we visit at the end of the year. They're still a little on the young side so we were thinking in another 2-3 years.


N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

.

.

.

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I highly doubt if Colombia will ever be added to VWP. Even though Colombia's adjusted refusal rate is already high, the visa overstay rate is also high, besides, all WVP countries are high income countries

Something very odd would need to happen, Chile surprised me. Argentina was but now is not.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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We're planning on getting them started when we visit at the end of the year. They're still a little on the young side so we were thinking in another 2-3 years.

But aren't you the one that often talks about getting visas for the in laws in the future? In the future, but never now? Or do I have you confused.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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But aren't you the one that often talks about getting visas for the in laws in the future? In the future, but never now? Or do I have you confused.

I don't think so. My in-laws have no plans to come visit - unless we drag them here that is, especially my FIL!

One SIL and her family have talked about it but they're in fairly decent shape on their own merits, as they would need to be for a tourist visa.


N-400

Feb. 12, 2016 - Sent N-400 to USCIS (3-year rule)

Feb. 19, 2016 - NOA1

Mar. 14, 2016 - Biometrics

June 2, 2016 - Interview - Recommended for Approval

.

.

.

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For what it is worth, we have had a number of my wife's family and friends, ranged from age 30 to 60, from both Medellin and Bogota visit with us in the past 2 years. We also had her mother denied a tourist visa, go figure (stable job 30+ years, house, car, family, roots, etc.).

I say go and try.


--------------------------------K-1----------------------------
October 1, 2011 Mailed I-129F Application
October 7, 20122 Notice Date of NOA 1
February 15, 2012 Received Hard Copy of Approved NOA 2
March 8, 2012 Rec email Pacs 3/4 US Embassy in Bogota
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------------------------------Arrival @ LAX-----------------------------
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------------------------------AOS----------------------------------
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June 18, 2013 EAD/AP Approved

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July 8, 2013 AOS process on HOLD, interview canceled unsure.png as wife returned to Colombia on medical emergency!

Oct. 17, 2013 AOS Interview re-schedule to November 20, 2013

Nov. 1, 2013 Rec. Notice from USCIS that 11-20-13 interview "due to unforseen circumstances" has been CANCELED. girlwerewolf2xn.gif

December 18, 2013 Rec. notice that AOS interview has been re-scheduled for January 17, 2014 (we will see)

January 17, 2014 Interview and AOS was APPROVED! dancin5hr.gif

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-----------------------ROC----------------------

December 23, 2015 ROC Mailed I-751 to CSC

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-----------------------CITIZENSHIP------------------

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