B1 denied

[gt85 0]

hi! I need your help please 

I've been denied for a B1 visa 3 weeks ago

with ESTA program Im supposed to be still allowed to stay for a week in the US for the 2019

 

basically I applied for a B1 to spend more than a week due that my available time with ESTA program is about to expire

 

I would like to understand if I can go to the US and spend few days (to dont risk the overstay of 180 days allowed by ESTA program) ?

 

please advise

 

best regards

[HRQX 4,145]

21 minutes ago, gt85 said:

I would like to understand if I can go to the US and spend few days (to dont risk the overstay of 180 days allowed by ESTA program) ?

First, you need to apply for a new ESTA because of #5 below; https://www.cbp.gov/travel/international-visitors/frequently-asked-questions-about-visa-waiver-program-vwp-and-electronic-system-travel:

Quote

a new travel authorization via ESTA is required when: (1) the traveler is issued a new passport; (2) the traveler changes his or her name; (3) the traveler changes his or her gender; (4) the traveler’s country of citizenship changes; or (5) the circumstances underlying the traveler’s previous responses to any of the ESTA application questions requiring a “yes” or “no” response have changed.

The answer is now "yes" for "Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?" ESTA question.

Edited September 1, 2019 by HRQX

[Crazy Cat 41,974]

You need to reapply for a new ESTA

 

Edited September 1, 2019 by missileman

[SalishSea 17,915]

I thought a B visa denial meant VWP citizens could no longer travel on ESTA?

[ElDiablo 95]

13 minutes ago, Jorgedig said:

I thought a B visa denial meant VWP citizens could no longer travel on ESTA?

You thought wrong.

 

OP what exactly do you mean by your availability with ESTA is about to expire? Where are you now? When were you last in the US and for how long?

[HRQX 4,145]

39 minutes ago, Jorgedig said:

I thought a B visa denial meant VWP citizens could no longer travel on ESTA?

Not automatically. They do have to submit a new ESTA disclosing the visa denial.

[Rose711 35]

As a practical matter, how many ESTA visas get approved after a B1/2 denial? I’ve  heard that a denial for another visa means that ESTA won’t be granted. Please correct me if I’m wrong.

 

This is my reference:

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

Edited September 1, 2019 by Rose711
Added reference

[HRQX 4,145]

24 minutes ago, Rose711 said:

how many ESTA visas get approved after a B1/2 denial?

It's rare. https://www.tripadvisor.com/ShowTopic-g1-i10702-k9156057-My_ESTA_approved_after_being_refused_a_US_visa-Air_Travel.html He answered "yes" to being denied a visa.

[gt85 0]

2 hours ago, ElDiablo said:

You thought wrong.

 

OP what exactly do you mean by your availability with ESTA is about to expire? Where are you now? When were you last in the US and for how long?

I've applied for my ESTA 6 months ago

i alredy spent 85 days and 88 days in the US

I tried to apply for a B1 but it was denied

so now I'm wondering if I can go back to US for 5 days just with my ESTA 

I left US end of july

 

 

[Crazy Cat 41,974]

8 minutes ago, gt85 said:

I've applied for my ESTA 6 months ago

i alredy spent 85 days and 88 days in the US

I tried to apply for a B1 but it was denied

so now I'm wondering if I can go back to US for 5 days just with my ESTA 

I left US end of july

 

 

You are required to reapply for ESTA.........Do you plan to do that?

Edited September 1, 2019 by missileman

[gt85 0]

9 minutes ago, missileman said:

You are required to reapply for ESTA.........Do you plan to do that?

I've another appointment to a different consulate this week

if for any reason my application for the B1 visa will be denied again I probably have to apply for a new ESTA

otherwise I will wait until 2020 and apply for a new ESTA 

[Rose711 35]

1 hour ago, HRQX said:

It's rare. https://www.tripadvisor.com/ShowTopic-g1-i10702-k9156057-My_ESTA_approved_after_being_refused_a_US_visa-Air_Travel.html He answered "yes" to being denied a visa.

Interesting. I guess 6 years between applications, becoming a UK citizen and developing other ties to the UK was enough. So if the reason a visa is denied is lack of ties, it looks like with time and building ties, a visa can be approved. 

Thanks for the information.

[SalishSea 17,915]

28 minutes ago, gt85 said:

I've applied for my ESTA 6 months ago

i alredy spent 85 days and 88 days in the US

I tried to apply for a B1 but it was denied

so now I'm wondering if I can go back to US for 5 days just with my ESTA 

I left US end of july

 

 

Why are you trying to spend so much time here?  They may think you're trying to live in the US as a tourist.

[geowrian 22,337]

A denied visa does not make you ineligible for the VWP, but any existing ESTA needs to be updated and will almost certainly be denied in the near future. After some time, that may change.

A recently denied B-1 is likely to be denied again unless there is a change in circumstances.

 

There is no 180 day limit. Although spending too much time in the US will certainly raise suspicion of living there or performing unauthorized activities. Every entry is at the discretion of CBP.

And there are potential IRS (tax) and home-country benefits (i.e. healthcare coverage, public benefit programs, etc.) considerations if you spend more time in the US than your home country within the year.

 

Why were you spending so much time in the US previously? Was it also for business-related purposes (like a B-1)?

[Loren Y 2,755]

18 minutes ago, Jorgedig said:

Why are you trying to spend so much time here?  They may think you're trying to live in the US as a tourist.

I agree. This is a lot of time to spend in the US, and I think showing up at the POE saying I am only going to stay the 5 days I have left on my ESTA is not going to wash with the CBP. Why would someone come all this way for 5 days unless for a business meeting or something. They are going to see last spent 85 days, then spend 88 days ( Both visits taking it to the max) and now only 5 days. I think you will got a do not pass go, do not collect 200 dollars on the next attempt to enter, but I could be wrong.