B1B2 denied, then ESTA denied, is there hope for B2?

[nikkinikki 0]

Hi everyone,

 

My Australian boyfriend and I have went through quite a bit of bad news recently.

 

He has visited America before through an ESTA, but last week, he had an interview for a B1B2 visa, which was denied. After the B1B2's denial, he got notified that he needed to reapply for an ESTA, and after doing so, he was also denied for the ESTA. 

 

In his past visits to America, he had never overstayed or caused any problems, so his visa denials were very shocking and confusing for us.

 

At this point, we have no idea where to go from here. He's kind of resigned to the fact that he won't be able to get an ESTA. I'm not financially stable/independent enough to sponsor him on a K-1 or CR-1, so that's off the table. 

 

If he applies for a B2 now, what can we do and what should he mention that would help get it approved? Is there another type of visa that could potentially work in this case? Also, would the consulate be able to access the notes from his denied interview?

 

Thanks.

[HRQX 4,145]

45 minutes ago, nikkinikki said:

last week, he had an interview for a B1B2 visa, which was denied.

B-1/B-2 denial is common for ESTA eligible individuals.

47 minutes ago, nikkinikki said:

He's kind of resigned to the fact that he won't be able to get an ESTA.

Many years from now there is a small possibility for an ESTA: https://www.tripadvisor.com/ShowTopic-g1-i10702-k9156057-My_ESTA_approved_after_being_refused_a_US_visa-Air_Travel.html

50 minutes ago, nikkinikki said:

If he applies for a B2 now

After a recent B-1/B-2 denial, another denial is to be expected.

[geowrian 22,337]

A denial of an ESTA after a visa refusal is very common...pretty much the expected result. Unfortunately, visiting anytime soon is unlikely.

Out of curiosity, why did he try for a B-2 visa when he could already visit via an ESTA easily?

 

He can try for another visa type if he qualifies. E-3 (like an H-1B for Australians) maybe for work purposes?

https://www.uscis.gov/working-united-states/temporary-workers/e-3-certain-specialty-occupation-professionals-australia

 

Edit:

1 hour ago, nikkinikki said:

If he applies for a B2 now, what can we do and what should he mention that would help get it approved? Is there another type of visa that could potentially work in this case? Also, would the consulate be able to access the notes from his denied interview?

Nothing to really say unless asked. The CO evaluated his circumstances and determined he was ineligible (likely under 214(b) - immigrant intent).

Yes, they can see all previous applications and/or notes.

Edited September 12, 2019 by geowrian

[Mollie09 1,543]

B2 refusals for ESTA-eligible passports are common, unless there's a VERY compelling reason for a tourist needing more than 90 days in the US it's going to be denied. That's very rare.

ESTA refusals after B2 refusals are also the rule and not the exception unfortunately.

 

Why did he apply for a B2 when he could use ESTA? If he applies for B2 again (especially soon after a denial) it's going to be a waste of money and time unless there was a compelling change in circumstances from when he first applied, and the ESTA refusal doesn't really work.

[Boiler 45,662]

Give it a year and try ESTA again.

[SusieQQQ 11,586]

10 hours ago, nikkinikki said:

Also, would the consulate be able to access the notes from his denied interview?

 

 

Of course. This is to pick up any “consulate shopping” and to ensure applicants don’t change their story from interview to interview to give the “best” story for a visa.

 

His best chance of a visa is demonstrating a stable home situation that he needs to return to - decent job, rental agreement, etc. I am assuming he did not present this at the prior interview, and absent a change in actual circumstances the outcome is unlikely to change. 

Edited September 12, 2019 by SusieQQQ

[SusieQQQ 11,586]

10 hours ago, nikkinikki said:

 

 

In his past visits to America, he had never overstayed or caused any problems, so his visa denials were very shocking and confusing for us.

 

 

This is a statement we see fairly often. Just “not overstaying” isn’t enough. If someone is seen to be abusing tourist privileges - usually, just by spending too much time in the US even without an overstay so that they are effectively living rather than visiting there - this can lead to denial of visa or entry.