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tdrob29

Visiting the US from Canada after being rejected work visa?

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Hi all,

 

I'm planning a trip to Vancouver in September, I'd quite like to visit the US (Seattle) for a day or two whilst I am there, I would travel via train. However, I was unfortunately rejected for a 6 month work visa in February under 214b. Other than this I have a very clean sheet, no criminal records, have travelled to the US multiple times, once lived there for a year (& left within the time of my visa expiring).

 

My circumstances haven't really changed since my rejection, though I will have a return flight booked from Canada and I will still be in full time employment in my home country. I currently live with my parents so do not own a house. 

 

Is it worth the risk of trying to get in? Has enough time passed? Are they more likely to let me in due to such a short trip into the US?

 

Thanks.

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Filed: EB-3 Visa Country: Germany
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10 hours ago, tdrob29 said:

I'm planning a trip to Vancouver in September, I'd quite like to visit the US (Seattle) for a day or two whilst I am there, I would travel via train. However, I was unfortunately rejected for a 6 month work visa in February under 214b. Other than this I have a very clean sheet, no criminal records, have travelled to the US multiple times, once lived there for a year (& left within the time of my visa expiring).

 

My circumstances haven't really changed since my rejection, though I will have a return flight booked from Canada and I will still be in full time employment in my home country. I currently live with my parents so do not own a house. 

 

Is it worth the risk of trying to get in? Has enough time passed? Are they more likely to let me in due to such a short trip into the US?

If you were rejected because you did not overcome the presumption of immigrant intent and your circumstances haven't changed there is a high likelihood the visa will be rejected again. The short duration of your trip doesn't really change that. The only way to find out is to apply again and pay the $160

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9 minutes ago, designguy said:

If you were rejected because you did not overcome the presumption of immigrant intent and your circumstances haven't changed there is a high likelihood the visa will be rejected again. The short duration of your trip doesn't really change that. The only way to find out is to apply again and pay the $160

 

I'm not talking about applying for another work visa, I'm talking about entering the US via land for a short trip therefore I wouldn't need to apply for anything. It would seem a bit ridiculous that a flight back home & a stable job back home wouldn't be enough to overcome immigrant intent. 

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Filed: EB-3 Visa Country: Germany
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2 minutes ago, tdrob29 said:

I'm not talking about applying for another work visa, I'm talking about entering the US via land for a short trip therefore I wouldn't need to apply for anything. It would seem a bit ridiculous that a flight back home & a stable job back home wouldn't be enough to overcome immigrant intent. 

Even though you are from a VWP country due to the fact that you applied for a work visa and were rejected you no longer qualify for an ESTA. You will need to apply for a visitor visa if you want to visit the US. So I am not talking about you applying for a new work visa

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14 minutes ago, designguy said:

Even though you are from a VWP country due to the fact that you applied for a work visa and were rejected you no longer qualify for an ESTA. You will need to apply for a visitor visa if you want to visit the US. So I am not talking about you applying for a new work visa

 

Not sure if you are aware but if you enter the US from Canada by land you do not need to apply for an ESTA, you get a i94w, which I believe it just done there & then on the spot & isn't applied for in advance/online. But perhaps it would be better to apply for a B2 anyway.

Edited by tdrob29
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4 minutes ago, tdrob29 said:

 

Not sure if you are aware but if you enter the US from Canada by land you do not need to apply for an ESTA, you get a i94w, which I believe it just done there & then on the spot & isn't applied for in advance/online. But perhaps it would be better to apply for a B2 anyway.

I-94 and I-94W are just an arrival-departure record, that defines the maximum length of your stay, whether you enter the US with a B1/B2 visa or an ESTA.

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6 hours ago, designguy said:

Even though you are from a VWP country due to the fact that you applied for a work visa and were rejected you no longer qualify for an ESTA. You will need to apply for a visitor visa if you want to visit the US. So I am not talking about you applying for a new work visa

OP is from Canada.  Doesn't apply.

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Filed: EB-3 Visa Country: Germany
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For those wondering you can check here https://www.green-card.com/visa-question-and-answer/

 

and scroll to 

It is possible to travel to the USA with a valid ESTA after my B2-visa was denied

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42 minutes ago, designguy said:

For those wondering you can check here .....

 

and scroll to 

It is possible to travel to the USA with a valid ESTA after my B2-visa was denied

Can you post an official link rather than some website with unknown credentials? Might be fact but generally we prefer from the horse’s mouth. Seen plenty of outright wrong info on some of those .com sites. 

Edited by SusieQQQ
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Filed: EB-3 Visa Country: Germany
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9 minutes ago, SusieQQQ said:

Can you post an official link rather than some website with unknown credentials? Might be fact but generally we prefer from the horse’s mouth. Seen plenty of outright wrong info on some of those .com sites. 

https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit

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2 minutes ago, ADW & JOP said:

The OP states on his profile, being British not Canadian.

Well, most accurately, located in the UK. We're not certain about his nationality. 

Edited by Allaboutwaiting
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