Worth applying? Has anyone been approved or gotten entry with a similar background?

[plastictree487 7]

Hi,

I am a UK citizen currently living in Canada on a work visa, where I hope to get a permanent residency card and possibly citizenship.

 

I had a US citizen fiance - who I broke up with 3.5 years ago.

 

In early 2019 I was denied a temporary US work visa (before I lived in Canada) - I wasn’t given an exact reason, I was given a sheet with 214b on it and the second thing on the sheet was circled which was more related to ineligibility for the visa rather than lack of proof of ties to home. I suspect the reason was that I hadn’t been in the company for very long at all, couldn’t really justify why the work needed to be done in the US & not just from the UK very easily, and probably due to having a fiancé in the US at the time.

 

I also worked in the US previously on a J1 visa, for a year.

 

I have never overstayed and my holidays to the US were never very long and I never had frequent visits to the US - I think my most was twice in a year, each of those trips were about 5 days. I also never had any issues or questioning when entering the US to visit my fiance. 

 

Unfortunately I’m not living in my home country, I do not own any property in my home country and do not have a girlfriend, wife or kids in my home country. Unfortunately I do not anticipate that I will have any of these things any time soon. 

 

I do have a good, full time & fairly well paid job in Canada which I’ve been in since March and will be remaining in until at least May next year, as I need it to get permanent residency here in Canada. I also have a rental agreement up until at least July 2023. I also have flight tickets for a 7 week trip back to the UK in December. I have very strong ambitions to get permanent residency in Canada, which I will need to remain in Canada to obtain and maintain, and I hope to eventually get Canadian citizenship which I also will need to remain in Canada for x amount of months a year for.

 

Ever since my denial, I have not tried to apply for an ESTA, any more US work visas or a tourist visa.

 

I know that no one can really give me a definitive answer but I am wondering if anyone has been approved with not really any provable strong ties to their home country but ties to another country a few years after being rejected for a work visa? I don’t know how the US would see this but having a job that I *need* for permanent residency here in Canada, needing to be physically present in Canada to obtain PR & citizenship is a massively strong tie to Canada for me. I am also wondering if anyone thinks it is worth the risk. I don't have anything that I need to be in the US for, but I would like to visit on short trips every now and then.

 

I also would be able to attempt to enter the US via a land border, so I wonder if it would be better to try to enter via land rather than applying for a B2 visa. I may also try to apply for an ESTA but I imagine this would be denied.

 

Thank you. 

[Boiler 43,790]

All work visas are temporary so which one. Your reasons for being refused do not make much sense.

 

The simplest thing to try for is ESTA, you need to tick the box saying you have been refused a visa. Pretty long wait for a B.

 

 

[plastictree487 7]

It was an uncommon 6 month visa which was an annotation of a B1 visa that allows productive work. I wasn't given an exact reason so I suspect that it was some combination of all of those things that I mentioned. However the interview went south when the interviewer started asking questions about how I would be spending each day & what percentage of my time would be split on particular activities. I thought my answers were ok but it didn't seem to be enough to convince them that this work had to be done from the US and not the UK. 

[Chancy 6,233]

2 hours ago, plastictree487 said:

I also would be able to attempt to enter the US via a land border, so I wonder if it would be better to try to enter via land rather than applying for a B2 visa. I may also try to apply for an ESTA but I imagine this would be denied.

 

Whether via air or land border, as a UK passport holder, you need either ESTA or a B visa to be able to enter legally as a visitor.  ESTA fee is only $21.  Why not apply to find out for sure whether you will be approved or denied.

 

[plastictree487 7]

2 minutes ago, Chancy said:

 

Whether via air or land border, as a UK passport holder, you need either ESTA or a B visa to be able to enter legally as a visitor.  ESTA fee is only $21.  Why not apply to find out for sure whether you will be approved or denied. But yes anyway I may apply for an ESTA.

 

Do you? I'm sure I've seen people say online that you don't actually need an ESTA, just a that you need to fill out an I-94W. 

Edited August 23, 2022 by plastictree487

[Boiler 43,790]

2 minutes ago, plastictree487 said:

It was an uncommon 6 month visa which was an annotation of a B1 visa that allows productive work. I wasn't given an exact reason so I suspect that it was some combination of all of those things that I mentioned. However the interview went south when the interviewer started asking questions about how I would be spending each day & what percentage of my time would be split on particular activities. I thought my answers were ok but it didn't seem to be enough to convince them that this work had to be done from the US and not the UK. 

B1 in lieu of Hib, that makes sense.

 

 

[Boiler 43,790]

2 minutes ago, Chancy said:

 

Whether via air or land border, as a UK passport holder, you need either ESTA or a B visa to be able to enter legally as a visitor.  ESTA fee is only $21.  Why not apply to find out for sure whether you will be approved or denied.

 

You certainly did not need ESTA when entering by land, perhaps they have changed it.

 

I know they would be suspicious if you did not have one.

[Chancy 6,233]

9 minutes ago, plastictree487 said:

Do you? I'm sure I've seen people say online that you don't actually need an ESTA, just a that you need to fill out an I-94W. 

 

How will you convince CBP to issue you an I-94W if you say you have no ESTA and they see from your immigration record that you were previously denied a visa?  CBP has access to visa application records.

 

[plastictree487 7]

16 minutes ago, Chancy said:

 

How will you convince CBP to issue you an I-94W if you say you have no ESTA and they see from your immigration record that you were previously denied a visa?  CBP has access to visa application records.

 

I wasn't thinking of using a land border to cross to try and circumvent the question of being rejected a visa - I would be planning on being fully upfront with them about that. 

 

Let's assume I apply for an ESTA, and it's denied, and a wait for a B2 is very long (this is hypothetical, and I'm not saying that I wouldn't actually be willing to wait for a B2 appointment), but I would explain that I was denied an ESTA and that the wait for an appointment was very long. Seattle is not very far for me and even if I had an ESTA and was able to fly then I would likely travel by land (train/coach) anyway, so I thought I would try. I would at least hopefully have a longer chance than I may at an interview to get across that I have no interest in staying in the US any longer than a few days/the length of my trip, that I have a full time, skilled job in Canada, an apartment agreement for a year, and a flight booked for a 7 week trip home to the UK in December, and strong ambitions to become a permanent resident of Canada, for which I need to be present in Canada for. I do also have strong ties to the UK, my family, but I suppose that's not necessarily what they look for in terms of strong ties. So that's all i'd really have for trying to convince them.

Edited August 23, 2022 by plastictree487

[plastictree487 7]

I have applied for an ESTA. 

[SalishSea 16,945]

7 hours ago, plastictree487 said:

Do you? I'm sure I've seen people say online that you don't actually need an ESTA, just a that you need to fill out an I-94W. 

Do you mean Canadians?  If you are a UK citizen coming across the land border from Canada, you still need an ESTA.

[STO Overland 137]

6 hours ago, Jorgedig said:

Do you mean Canadians?  If you are a UK citizen coming across the land border from Canada, you still need an ESTA.

https://help.cbp.gov/s/article/Article-1132?language=en_US  Says not 

[African Zealot 1,453]

I don’t see it the way you do. How does the consular know you have a strong desire for Canadian residence? 
 

You’re not going to get any meaningful answer because your situation is unusual and cannot be mapped to another to make any meaningful conclusion. Just apply and let the chips fall where they will.

Edited August 24, 2022 by African Zealot

[Kai G. Llewellyn 829]

 

12 hours ago, Jorgedig said:

Do you mean Canadians?  If you are a UK citizen coming across the land border from Canada, you still need an ESTA.

This is incorrect. VWP travelers do not need an ESTA to cross by land. Both my mum and a Swedish friend have successfully entered the US without an ESTA on the VWP. They do have to manually fill out I-94W which is a pain but doable.

 

However, a denied ESTA indicates an ineligibility for the VWP so attempting to cross at a land border after an ESTA denial may be ill advised in case CBP decide to do an expedited removal. It's up to OP whether they want to try for an ESTA first, or just try hitting the land border without.

 

Though OP can certainly try. They'll either be admitted, or probably asked to withdraw their application for admission, and be asked to get a B visa.

[plastictree487 7]

5 hours ago, African Zealot said:

I don’t see it the way you do. How does the consular know you have a strong desire for Canadian residence? 
 

You’re not going to get any meaningful answer because your situation is unusual and cannot be mapped to another to make any meaningful conclusion. Just apply and let the chips fall where they will.

Well my duty is to overcome their assumption of immigrant intent, so it's on me to explain that that's my plan, and well, they can choose whether they want to believe me or not. It's likely that I won't even try until I've either begun my application process for Canadian PR or once I've become a Canadian PR. Obviously there is no way of them knowing with 100% certainty that that is my plan, but that's the same for probably any kind of proof of ties - there is no way of them being certain. But I felt that my current situation with intentions of Canadian PR, having a good job in Canada, having a rental agreement in Canada, having a trip booked back to my home country in December are overall better ties than I've had since my rejection, especially with 3.5 years now gone. I'm not about to give all that up so that I can live illegally in the US. There is no scenario in which I'd ever attempt to stay in the US (or any country) illegally. 

 

 I'm also not looking for someone with my exact situation, but mostly for people who've had experience with trying to visit the country with perhaps not the usual ties to their home country.