B1 B2 and student visa denied

[Tng 0]

Hello, I have 10 year visitor visa. After visiting second time they stamped my passport No eos, no cos 45 days.

I wanted to study there, so I came back to Spain applied student visa and my visa got denied. 

Can I travel as a visitor in the future? 

Thx

[Roel 7,191]

IMO you can try, but you'll probably be turned away at the border.

They are already suspicious of your intent - that's why you got stamped with no extension of stay and you only got 45 days visit.  That plus being denied a student visa, is going to look like you're desperate to be in the US.

[NancyNguyen 1,657]

Yup, they didn't trust you so far. Unless you establish something in future in your country, the chance to get a visitor visa will be slim. Good luck.

[Tng 0]

My visa will expire 2028, can I travel like after year or 2 years? 

Just as a tourist, I don't want to study there anymore. I am gonna study in Spain.

[Roel 7,191]

3 minutes ago, Tng said:

My visa will expire 2028, can I travel like after year or 2 years? 

Just as a tourist, I don't want to study there anymore. I am gonna study in Spain.

Your records in the system won't go away.

But waiting few years might help your case.

[Tng 0]

Sorry for so many questions.

i applied Spanish citizenship, probably I will get it this year.

is there any possibility I can travel with my spanish passport? With ESTA

[NigeriaorBust 4,087]

   You still have to answer the questions about if YOU have ever been denied a visa to get ESTA , It may not fly  They have your biometrics,  A new passport doesn't change the fact you are on their radar and trying to be dodgy may cause more issues.

[WeGuyGal 1,052]

6 minutes ago, Tng said:

Sorry for so many questions.

i applied Spanish citizenship, probably I will get it this year.

is there any possibility I can travel with my spanish passport? With ESTA

You seem desperate to get to the US. How long were you in the US on the first visit? 

 

Establish life in Spain, study there as stated, then apply a year or two later to visit the US. Plenty of nice places to visit in other parts of the world also. 

Edited January 28, 2019 by WeGuyGal

[Tng 0]

I will do that just wondering because I didn't overstay, I didn't break any law. 

Thank you for reply❤️

Edited January 28, 2019 by Tng

[WeGuyGal 1,052]

CBP doesn't write no eos no cos without reason

[Unlockable 7,306]

8 minutes ago, Tng said:

I will do that just wondering because I didn't overstay, I didn't break any law. 

Thank you for reply❤️

It is not about whether you broke any laws. It is about the possibility of you being a risk of one day deciding to stay in the US. For example, say you met someone during one of your visits and fell in love and started returning to the US frequently. A CBP will see that now that you have a connection in the US, you may not want to be separated from them end up overstaying.

 

An attempt at a student visa shows you have an interest in the US besides tourism.

[Tng 0]

Thanks for reply. Hopefully I have chance in the future. I am talking about years later.

[SusieQQQ 11,584]

1 hour ago, Tng said:

Hello, I have 10 year visitor visa. After visiting second time they stamped my passport No eos, no cos 45 days.

I wanted to study there, so I came back to Spain applied student visa and my visa got denied. 

Can I travel as a visitor in the future? 

Thx

How long did you stay the first time, and how long was your absence between first and second time? Without knowing what the answers actually are it seems clear that the first was too long and the second too short, in relative terms, hence the notation you got. Intent is important, not just the “letter of the law” (“I didn’t overstay”).

 

Your visa didn’t get cancelled so yes you can use it to try visit again, but as others have said I would give it a good long time before trying to do so, and when you do next try make sure you bring with you strong evidence that you will be returning to Spain (job/enrollment in college, housing lease, etc).

 

(edit: I am assuming your visit visa didn’t get cancelled even after the student visa application was denied, is this correct?)

 

 

Edited January 28, 2019 by SusieQQQ

[Tng 0]

My first visit I was there 3 month, my son study in Vancouver bc. He is underage so I waited him till his summer vacation to bring back to Spain. Second visit I went there drop my son. I didn't have Canadian visa. So I stayed near him in Washington state.

They didn't cancelled my visa

[Tng 0]

My first visit was mid of March and went back end of June. Second visit was mid of August.