Can a dual national visit USA under VWP after visa refusal for other nationality?
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Can a dual national visit USA under VWP after visa refusal for other nationality?
Not unless you have notified a change in circumstances regarding:
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You were refused under Section 214(b)which is part of the Immigration and Nationality Act (INA). It states:
Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status.
This means the consular was of the view that you have immigration intent. The E2 visa does not allow for the petitioner to have immigration intent (i.e. plan to stay permanently in the USA)
For this reason, your qualification for ESTA is suspect and it can be voided at your entry by an immigration officer. I will strongly suggest you address the E-2 visa problems you have through your lawyer because like you said, you're coming to see to your business which is WORK and ESTA does not allow for work.
Currently immigration is a hot issue and in flux in the USA, and nonimmigrants and even immigrants are facing a lot of uncertainty regarding their status, don't risk it.
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