Getting ESTA after 221(g) refusal due to interview request

Upvote:0

Having got a 221g myself for a follow up interview which the B1 visa was subsequently approved. I answered No to visa denials on Esta and there was no problems at the airport. Its because you answer no or yes based on the final decision of your visa application. In your case the best and safe answer is No. Hope this helps! 😊

Upvote:2

I fear I will never get an ESTA or a Canadian ETA again due to this flaw in their system.

Realistically this won't happen, especially if you obtain a visa after interview.

221(g) is a technical refusal for an application that is incomplete. As you can see from the other potential situations on your letter, old photos, failure to pay fees etc., or even the fact that they need further administrative processing, all constitute grounds under 221(g) for a "denial" (even if a visa is granted at a later time after administrative processing for the same application).

You do have to declare the denial when you apply for ESTA, ETA or other visa or entry authorizations in the future. It is an inconvenience, but not a big one.

In the worst case, you can apply for a B1/2 visa for the U.S. which is usually valid for 10 years and allow you to stay up to six months at a time. It is only more expensive than ESTA (if you travel often to the U.S., i.e. at least once every two years, it is even not that much more expensive) and you may need to attend another interview. If your J-1 visa is later granted, there is no reason to believe that this technical refusal would be a problem.

In the Canadian case, eTA is the only possibility for visa-exempt nationals and you are allowed to attach additional explanation on the online form. A straightforward explanation is unlikely to negatively affect you.

But of course, you should consider (even without refusal) to apply for such authorization well in advance of your travel.

Upvote:3

I was doubtful at first, but the UK's USA consulate says:

Section 221(g) prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the Immigration and Nationality Act (INA) or related regulations. Please be advised that, for U.S. immigration law purposes, including ESTA (see https://esta.cbp.dhs.gov), this decision constitutes a denial of a visa.

If your application for a visa has been refused under Section 221(g) INA, you will have been provided with a letter explaining the steps you are required to take. Please review this information carefully and follow the instructions.

Your letter included the advice that the refusal was notifiable in future. Much as it would be desirable to consider the refusal negated when the visa is successfully granted, this is in accordance with your commented link from 2009.

. . . some that are fairly minor and temporary. However, as explained here, the INA 221(g) outcome is categorized as a visa refusal. This clarification is important for future visa applications, as well as for Visa Waiver Program (VWP) travelers.

I am sorry that you did not find this out before you applied for the VWP. Another page in your .de link states

Applicants for U.S. visas are required to appear in person for a visa interview at the U.S. Embassy or Consulate. You must schedule an appointment for that interview, either online using this website or through the call center.

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