ESTA approved on the same day as B-1/B-2 visa refused

1/8/2016 4:07:02 PM

The answer above is not 100% correct. I just called US CBP and they said that you must resubmit for an ESTA and change your answer for “have you been denied a visa”, which would now be “yes”. Keep in mind, visa denial is not necessarily the same as an ineligible visa. Now, it’s not likely that your new ESTA will be approved but if it is, then you are cleared to travel to the U.S. However, once it’s denied, you will have to apply for a U.S. visa like a tourist B2 visa any time you want to enter the U.S. Hope this helps someone. To those reading this, please post the results of any similar situations you experienced. I’m sure it can help someone.

8/28/2014 3:23:36 PM

I am not a lawyer or otherwise expert of US immigration law but it is my understanding that the ESTA and the Visa Waiver Program are two distinct things. The language on the US State Department’s VWP website seems quite clear:

Travelers must be eligible to use the VWP and have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel.

(This sentence implies that being eligible on the one hand and having a valid ESTA on the other hand are two separate requirements.)

You must meet all of the following requirements to travel to the United States on the VWP:

[…]

Each Traveler Must have authorization under ESTA

In order to travel without a visa on the VWP, you must have authorization through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S. bound air or sea carrier.

[…]

Previous Compliance and No Prior Visa Ineligibilities

If you have had a U.S. visa before or previously traveled to the United States under the VWP or another status, you must have complied with the conditions of previous admissions to the United States, and you must not have previously been found ineligible for a U.S. visa.

Here again, having an ESTA and having no prior visa ineligibilities are two separate requirements and the site does specify that you must meet all requirements. So if you have been found ineligible for a U.S. visa, you cannot enter under the VWP, period. Under that logic, when you applied for the ESTA, whether it is still valid, etc. become immaterial, you simply cannot legally enter the US without a visa anymore.

Your only option would then be reapplying for a visa, addressing the issue raised in the rejection letter.

Credit:stackoverflow.com‘

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Hello,My name is Aparna Patel,I’m a Travel Blogger and Photographer who travel the world full-time with my hubby.I like to share my travel experience.

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