B1 Visa and Esta denied. Possibility of arrival by land?

[Hapyhands 3]

My friend from Estonia had applied for a B1 visa about 3 months ago and was denied and recently applied for the Esta and was also denied.

She is interested in trying to the US arrive by land from either Canada or Mexico by filling out the I-94w.  

We are wondering about the best options in getting her here soon and if anyone has experienced the same or similar situation. 

We understand she can still technically enter by land without the Esta but want to know the likelyhood for her to be admitted this way or if there are any other/better options for her.

 

Thanks,

Timothy

 

 

 

[designguy 1,179]

5 minutes ago, timjohnson91 said:

My friend from Estonia had applied for a B1 visa about 3 months ago and was denied and recently applied for the Esta and was also denied.

She is interested in trying to the US arrive by land from either Canada or Mexico by filling out the I-94w.  

We are wondering about the best options in getting her here soon and if anyone has experienced the same or similar situation. 

We understand she can still technically enter by land without the Esta but want to know the likelyhood for her to be admitted this way or if there are any other/better options for her.

 

Thanks,

Timothy

 

 

 

You do know that these systems are all connected and the border agent is going to see a denied B1 and a denied ESTA? With those denials and then 3 months later OP is trying to enter the country by land would be suspicious. What is the rush for her to get into the country as soon as possible?

[Hapyhands 3]

4 minutes ago, designguy said:

You do know that these systems are all connected and the border agent is going to see a denied B1 and a denied ESTA? With those denials and then 3 months later OP is trying to enter the country by land would be suspicious. What is the rush for her to get into the country as soon as possible?

I do understand this and I guess the rush is there are some projects and events we want to work on and attend coming up soon and want to see the best option to get her here in time.

[designguy 1,179]

1 minute ago, timjohnson91 said:

I do understand this and I guess the rush is there are some projects and events we want to work on and attend coming up soon and want to see the best option to get her here in time.

She can't come to the US on VWP to do any type of work...

[Hapyhands 3]

1 minute ago, designguy said:

She can't come to the US on VWP to do any type of work...

Its not 'work'. Just projects like art and crafts for pleasure not for money.

[Just Paul 4,591]

23 minutes ago, timjohnson91 said:

We understand she can still technically enter by land

Not without a VISA.  She must have a visa to enter by land, sea or air.

[USS_Voyager 1,971]

2 minutes ago, timjohnson91 said:

Its not 'work'. Just projects like art and crafts for pleasure not for money.

It is work. Work doesn't have to be for money. It is the act that the person perform the activity or services. 

[designguy 1,179]

3 minutes ago, timjohnson91 said:

Its not 'work'. Just projects like art and crafts for pleasure not for money.

From the time pressure you originally posted made it seem like more than pleasure.

 

She was most likely denied due to her being able to overcome the presumption of immigrant intent. Until that is solved its unlikely that she will be visiting the US anytime soon. She can reapply anytime but should only really do so when her circumstances have changed

[Letspaintcookies 2,207]

2 minutes ago, USS_Voyager said:

It is work. Work doesn't have to be for money. It is the act that the person perform the activity or services. 

So she'll need a work visa. Besides the tourist route seems pretty much dead to me at least for quite a while. No matter how she wants to enter

[Hapyhands 3]

10 minutes ago, USS_Voyager said:

It is work. Work doesn't have to be for money. It is the act that the person perform the activity or services. 

So to make art together purely for fun is still considered 'work'?  

 

 

[Hapyhands 3]

14 minutes ago, Paul & Mary said:

Not without a VISA.  She must have a visa to enter by land, sea or air.

Or a visa waiver

[gregcrs2 1,777]

So what's the REAL story here?  Because this whole story about arts & crafts projects is simply not believable.    

[designguy 1,179]

5 minutes ago, timjohnson91 said:

Or a visa waiver

Visa waiver does not equal her being able to enter through land. It will still be up to the CBP officer to make a determination. Because was found twice to not qualify, once for the B1 and once for ESTA, and now she is attempting to enter by land, to circumvent the visa process, don't expect to be met with a smile. She should follow the correct process otherwise she risks huge consequences down the road. 

 

[USS_Voyager 1,971]

31 minutes ago, timjohnson91 said:

there are some projects and events we want to work on and attend

 

10 minutes ago, timjohnson91 said:

So to make art together purely for fun is still considered 'work'?  

 

 

Ok, what exactly are these projects and events that you want to work on "just for fun"

[Letspaintcookies 2,207]

7 minutes ago, timjohnson91 said:

Or a visa waiver

She was denied for ESTA. Why should she get any other waiver?