Immigration Issues/Visa Waiver Denial
He spent 3 months here in the fall on VWP. I know the "frequency" of his visiting was a big
part of the decision. In light of this, he also wasn't thoroughly prepared with documentation
to prove his intentions during his stay for another 3 months. The denial is understandable.
He was denied entry, not excluded. They called it "deferred". They said he couldn't enter on
visa waiver again, but would be allowed back in if he had a visa. So I was wondering if he
could reattempt entry with a B2 Visitor Visa, if he really got his act together, followed all
provisions by providing all required documentation, and eliminated doubt of intent to
"immigrate" etc.? Will they draw on the documented answers given by him when we was
denied VW when they consider his visa application, and length of stay at port of entry?
(Considering this important in him determining what they are going to ask him, or be
concerned about next time around.) Or is he exempt from this type of visa, considering his
denial on VW? This circumstance isn't clear in the visa requirements.
If he is eligible, how long should he wait to apply for the B2 visa (possibly needing to
provide time for paperwork from the denial to be processed?)
Thank you very much for your reply, and sorry for the length of my followup. Hopefully this
information helps in your followup response.
Would a UK citizen be eligible for a B2 Visitor Visa even
though 1. He comes from a VWP country and 2. Was
recently denied entry into the US on VWP for lack of proof
as to the reason of his stay (but told he could reenter with a
visa). If so, how long should he wait to apply (assuming he
has thorough paperwork to back up his application)?
Our visa requirements are quite clear, so I am rather surprised about the denial. I would
suspect there is more to the inspector's reasoning for the denial.
Now, was this person denied entry or excluded from the US at entry?
If he was denied entry and returned on the plane he came on, he could return to the US with
as a VW PROVIDED he read the provisions for entry and follow them to the letter. This he
can do immediately.
HOWEVER - if he was excluded and prevented from entering...this is a difficult hurdle to
overcome. An exclusion is the same as deportation, not possible to enter for a minimum of
I'm curious as well...what is the purpose of his entering with frequency? It does appear he is trying to circumvent our non-immigrant regulations. There may be a legitimate reason to this and a visa to address it. Are you in a relationship with him? If so the K-1 visa would be the appropriate way to go, the only caveate is you have 90 days to get married once he is here.
In that we have a VWP agreement with GB, the US Consulate is going to be scrutinizing his application for a B-2 (visitor) visa.