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  • ENTRY UNDER VWP

    Can a person who was refused a student visa by US consulate enter US under VWP? How can he avoid problem at port of entry?
    Thanks for comments by an experienced member.

  • #2
    Can a person who was refused a student visa by US consulate enter US under VWP? How can he avoid problem at port of entry?
    Thanks for comments by an experienced member.

    Comment


    • #3
      Unfortunately no. If you have been refused visa before, you're not eligible for VWP.

      Comment


      • #4
        Thanks Marmaduk for ur reply.
        What if he does not disclose the visa refusal in form I-94W?
        Thanks

        Comment


        • #5
          What make you think the CBP officer doesn't have that record available on his computer screen?
          Lying to an immigration officer = gravest mistake you can make.

          Comment


          • #6
            Dear Marmaruk,
            Let me explain the situation in detail. The person in question is now citizen of a country which qualify for VWP, however, he was citizen of a third country when he applied for student visa & refused.That means he was not refused visa as a citizen of his current nationality. U think if he can argue that situation in his favor?
            Thanks

            Comment


            • #7
              Was your friend refused a visa in the past?

              Was this the same friend who has now changed his nationality...but is still the same person?

              To quote my friend, Marmaduk: "If you have been refused a visa before, you're not eligible for VWP."

              Comment


              • #8
                IMMIGRANTS !!!

                FOR REAL IMMIGRATION INFO AND HELP VISIT WWW.IMMIGRATION.COM AND RESPECTIVE FORUM !!!

                GOOD LUCK !!!

                Comment


                • #9
                  Applying for a student visa and being denied does not mean one cannot enter on the VWP. One can be denied a student visa for many reasons. One can also reapply if denied. One can apply as often as they want. There is no reason he could not come to the US on another program. Once denied does not set anything in stone. He is now a citizen of another country and is afforded the rights and responsibilities of his new country.

                  Comment


                  • #10
                    "Nationals of VWP countries must meet the conditions noted in Which travelers may use the Visa Waiver Program to enter the United States? in order to seek admission to the U.S. under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:

                    **Has been refused a visa or admission to the U.S. before, or did not comply with the conditions of previous VWP admissions (90 days or less stay for tourism or business, etc.)**" www.travel.state.gov

                    Vito, your friend should call the embassy in his new country and ask if he can use VWP under the circumstences you described.

                    People from VW countries need visa in some situations. I understand Vito's friend is one of them. Nobody ever said that he wan't receive it.

                    Comment


                    • #11
                      Applying for a student visa and being denied does not mean one cannot enter on the VWP
                      How can you say this when the Dept.of State website clearly stated admission under VWP is permitted if:
                      "They have complied with the conditions of previous admissions under the Visa Waiver Program, and have not been found ineligible for a U.S. visa;"

                      which part of being denied student visa doesn't match the haven't been found ineligible for a US Visa part?

                      In majority of cases, that's what the rules are.
                      Vito's friend situation is different due to the the citizenship issue, and aneri's suggestion to contact the embassy will be the safest bet. Even if he's still ineligible to use VWP, there's no rule forbidding them from applying another US visas.

                      Comment


                      • #12
                        Thank u folks,
                        I appreciate ur help to solve the problem. Let me explain why his F-1 visa was denied. He came to USA on B-1/B-2 during 1998. He got his status changed to F-1, while he was still in status. He went to college completed 60 credits in F-1 status Paying international fee. Then in 2003 he got married with a Europian national & moved to Europe without completeing his graduation. Later on during 2004 he wanted to come back & complete his studies. The school issued I-20 etc but visa was denied. The reason he was told that since u have changed to F-1 status while on B-2 therfore we cann't issue u visa. Now since he is citizen of the VWP qualified country he wants to come here to meet his other family members. He does not want to apply visit visa again fearing that if visa is denied he will not be able to come here. He wants to use VWP for his trip. I hope u agree with me that he did not violate any law. He changed his status according to provisions of law.
                        Any valuable sugesstion will be much apprecited. Thanks

                        Comment


                        • #13
                          Based on your explanation, looks like he pretty much in status for the duration of his stay in the USA. The consulate reasoning for rejecting his 2nd I-20 is pretty cra-ppy, imho, but they unfortunately have that ultimate right.

                          As for whether its better to use VWP instead of applying for a tourist visa, think of it this way, would you rather know in advance whether you can enter the USA or not, or would you rather the CBP officer at the airport telling you that and send you home in the same plane? Personally, I would rather know it ahead of time.

                          Comment


                          • #14
                            You need to apply for a visa. YOU were refused.YOUR NAME was refused.You can try to enter under the VWP but they can still deny you. Imagine coming all the way to the Us and being put back on the plane.

                            Comment


                            • #15
                              I am never ceased to be amazed at some of the bollocks you get on this site:

                              Refused a Visa

                              While travelers who have been refused a visa under the provisions of Section 221(g) or 214(b) of the Immigration and Nationality Act are not ineligible to travel visa under the Visa Waiver Program, they will be questioned by an immigration official at the U. S. port of entry regarding the refusal by the Embassy or Consulate.

                              The traveler should carry with him or her evidence of his or her intention to depart the United States at the end of the visit. This is generally satisfied by furnishing evidence of strong social and economic ties to the traveler's 's place of permanent residence. There is no set form that this should take as each person's circumstances differ.

                              If the immigration officer is not satisfied that the traveler meets the qualifications for nonimmigrant status, the traveler will be denied entry.

                              PS: I was refused a visa and subsequently travelled on the VWP.

                              Comment



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