ESTA and B1/B2 visa refusals for UK citizen

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One of the reasons US immigration has for refusing a visa is if it looks as if the applicant is trying to 'game the system' so as to live in the US without applying for a resident visa. In fact it is up to the applicant to convince them that is not the case.

The description you give is that your boyfriend stayed the maximum time he could on VWP (90 days, literally to the day), then went back and immediately applied for a B1/B2 for another five months. The pattern certainly looks like an attempt to stay in the US to a casual observer. Being in a romantic relationship with an American gives him a strong motive. Being in the US for eight months in less than a year would probably fall in the definition of 'resident'. I do not find it surprising that the visa was refused.

The approach most likely to be successful is for your boyfriend to stay outside the US for a substantial period, and then apply for a visa for a much shorter stay. Nothing prevents you visiting him while he is outside the US. August might be long enough, and almost certainly would be if he had not made the B1/B2 application. Unfortunately the visa application made it clear to immigration that he wanted to stay in the US as long as he possibly could, and this will count against him. From now on he will only get a visa when he can provide sufficient evidence to immigration that he will only stay in the US for the "short and occasional" visits expected of a B1/B2/VWP visitor. If he can establish strong ties to his home country, such as having a permanent job, a rented apartment etc. that will help.

Alternatively he can apply for a resident visa if he qualifies.

Upvote:3

Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), tourism, pleasure or visiting (visa category B-2), or a combination of both purposes (B-1/B-2). Often, the visa will be issued as a B1/B2, combining the two, allowing the flexibility of entering for either, or both, purposes.

After the refusal, he can reapply (unless it was a 221(g) refusal). Before he does, he should consider the shortcomings, such as attempting to live in the US, and remedy any deficiencies (emphasis mine).

An application may be denied because the consular officer does not have all of the information required to determine if the applicant is eligible to receive a visa, because the applicant does not qualify for the visa category for which he or she applied, or because the information reviewed indicates the applicant falls within the scope of one of the inadmissibility or ineligibility grounds of the law.

After being found ineligible for a visa, you may reapply in the future. [Y]ou must submit a new visa application and pay the visa application fee again. If you were found ineligible under section 214(b) of the INA, you should be able to present evidence of significant changes in circumstances since your last application.

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