B2 denied help need

[Sean16 0]

I have travelled to the us twice on my esta was told by a immigration officer on my last visit I should apply for a non immigration visa which I now know was a mistake as was denied under 214b

I know don't know what to do I start a new job in January and want to go for the holidays to busy my girlfriend and friends

Don't know if trying to get the b2 visa will have a different out come if I try again

The esta web site says my esta is still valid can I still use it surly if I can't it would have been canceled ?

If I go via Canada and go to the land border at Niagara would I be breaking any rules I can prove I have a new job starting and have every intention of returning home after my trip

Has anyone ever gone via Canada don't want to be denied entry but think have more change of convincing a bider agent than a consulate officer who asked me 3 questions and then denied my application

Any advice or experiences would be helpful

[Teddy B 17,252]

Why were you told to get a tourist visa rather than using the VWP?

[IcezMan_IcezLady 582]

if you were denied under 214b, I doubt you would be able to enter again under any other type of visa except immigrant visa.

They believe you have an intent to stay here..and you have a gf here so it makes perfect sense.

Dont try anything illegal.You could get banned for life.

CBP officers will check your passport and your record is already on file.

Your chances of getting a B2 visa is low because of the 214b. You can file a K-1 or get married and file CR-1..that's just about it.

[IcezMan_IcezLady 582]

Why were you told to get a tourist visa rather than using the VWP?

I assume the CBP figured there was an intent to stay

[Sean16 0]

I have no idea went for 3 months came home for 9 weeks went back out there no secondary which I was expecting , but then got pulled at customs asked me if had had a secondary said no had to then wait for his supervisor. Who checked my bags etc and during the conversion he advised to leave it longer before my next trip or to apply for the visa

Had I known was not that easy to get one would never have applied and just returns on my esta as have been back in the UK for 3 1/2 months now

A few of my friends from the US where here for a weeks holiday last week and plan was to return with them

Now have no idea what to do as not broken any laws or rules but seem to be stuck here

[Sean16 0]

Don't plan on breaking any rules or laws

No he was happy I was intending to leave after my visit

I am 47 have no plans to get married anytime soon or to stay in the us illegally

Just wanted to visit my friends who have know for nearly 11 years and my girlfriend who I met through them in Sept 15

[Teddy B 17,252]

I assume the CBP figured there was an intent to stay

I agree, but usually someone suspected of immigrant intent is told to get an immigrant visa, like a K-1, not a non-immigrant tourist visa, which is basically the same as a VWP, just harder to get.

[Ben&Zian 4,399]

In regards to trying to enter, using a letter of employment would help show you do have intentions to return. Other paperwork would be even more beneficia.l when establishing you to intend to return home

[Sean16 0]

I took loads of paperwork to consulate to show my ties to uk never asked for any of it

Which is why don't think reappling will have a differant result

States denial under 214b does not mean you are inadmissable to the us and you not need a esta to enter via a land crossing

Just wondered if anyone had ever tried it as would have to fill in a i94 at the border and know I would get pulled for a secondary but have no intentions of staying or over staying

[Boiler 47,687]

Have you updated ESTA with your visa refusal?

[Sean16 0]

No as I understand it it will be denied due to the visa refusal hence why thought about you g via Canada as don't need a esta to travel to a land crossing

[Ontarkie 14,977]

You've been flagged for presumed immigrant intent.

You've been denied a tourist visa for that same reason.

It will not matter if you go through Canada. They are going to see that flag and denial.

You were told to stay out longer when they let you in the last time 3 1/2 months is not that long and you are trying to go back.

I would not expect to get in through Canada. But heck weirder things have happen. If you can afford to spend that kind of money then try. But they could also slap you with a ban of some type for trying to go around the visa.

Edited November 14, 2016 by Ontarkie

[Sean16 0]

I see what your saying

But was let straight through immigration on the second trip , was customs that questioned me so not sure how am flagged other wise would have been sent to secondary

And yes has been 3/12 months by time I travel would be 4 months and just states a reasonable amount t of time between trips would be my last trip before starting g new job in January

But I don't need a visa! Esta Is just permission to travel by air or sea to the USA is it not ?

I would be asking to enter under the visa waver program at the us Canadian border and a immigration officer can authorize my stay as long as I prove to them am not a imagration threat and indeed to leave

and don't need a esta to go through a land border even states that on the us web site

Sorry not saying I am right I don't know hence asking for advice

Edited November 14, 2016 by Sean16

[vegasbound 83]

Attempting to enter the US after a being found ineligible to visit will likely result in an entry ban, and that is way worse than your current situation. It really doesn't matter how you are trying to enter the US, the moment your passport is checked at any port of entry, your entire immigration file will show up including your recent visa denial.

"I have no idea went for 3 months came home for 9 weeks went back out there..." - this is way too often to visit as a tourist. The way they look at it is that you are spending more time in the US than in your own country. This is referred to as "immigrant intent".

Forget about trying to visit the US for awhile. Have your girlfriend visit you instead. Start you new job and work for awhile to re-establish ties to your home country and then try applying for a tourist visa again. That is probably your best bet.

Good luck!

Edited November 14, 2016 by vegasbound

[Ontarkie 14,977]

I see what you're saying about customs but he got his supervisor so they may have flagged you. Either way with the visa denial you are now flagged.