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Ely
Ely, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 101373
Experience:  US immigration attorney licensed in state and federal court.
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I am a EEA citizen of an EU residing in the UKI have

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I am a EEA citizen of an EU residing in the UKI have previously applied for a USA visa on my previous Nationality Sierra Leonen and was denied in Sweden while having my permanent resident, was denied (Entry USA by AIR OR SHIP)But when I naturalise to Swedish which is on the Visa Waivers programme I applied for Esta and declared I have previously applied before with a different nationality but was denied and was denied Esta again on the Swedish nationality (Entry USA by AIR OR SHIP)So I applied again at the US embassy with my Swedish nationality for a visitor Visa to Enter (Entry USA by AIR OR SHIP) but was denied alsoAnd I read through the Website and see it there that if entry USA by Land I do not need and ESTA as I am currently on Holiday in Canada and I want to make a trip by land to USA am I allowed to enter the USA under this law or do i need to apply again for VisaPlease kindly clarify this before I embark on the trip
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Ely replied 11 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Given your previous multiple denials, it is likely that someone in your situation would be denied at the border as well. This is because your current passport is likely linked to your previous identities. Ergo, it is likely best to attempt to get a visa prior to simply going to the border. While there is some discretion, the US authorities at the border would likely deny automatic entry if you have filed an ESTA screening before and given your previous failed attempts. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 11 months ago.
do understand but just want to clear the doubt on my mind because reading through this link below made me to ask questionhttps://help.cbp.gov/app/answers/detail/a_id/1258/~/esta---traveling-to-u.s.-by-landBut what if you being denied under a reason well clarify1st Time denial in Sweden while have my sierra Leonean Nationality was No Family Ties even though I had a child and well suffiicient Job2nd Time was Denial was i just had my Nationality and i have to wait a year that what they said
TWO Denial in Sweden3rd time in London UK they said that they just refuse me due to Section 4B immigration act meaning, i am likely not to return even i showed all documentsI just had a beleive that there might be some issue which is not been cleared out and if i want to find out about all this issue how can i find out and since the last application i never bothered to go thereBut now a friend is doing his wedding and want to attend i am just worried i will get refused againShould i applied or leave it out for a certain period of time
Expert:  Ely replied 11 months ago.
Okay, let us step back. Please list the approximate dates you tried to enter USA or apply for a visa (and list WHICH), and the REASON why you were denied. Thanks.
Customer: replied 11 months ago.
2009 -Applied from Sweden with my Sierra Leonen Nationality but had a 2 year Temporary Resident ( but withdraw application )2011 - Applied from Sweden with my Sierra Leonen Nationality but had a permanent Resident ( on a visit to a Friend Refuse due to Family ties but this time I had a Son and family in Sweden )2013 - Applied from Sweden reason refused was just receive Nationality Swedish I must wait a year (change nationality to Swedish)2014 - Applied for Holiday from UK London while studying Aviation management a Degree course ( Refuse on Under Section 214 (b)
Expert:  Ely replied 11 months ago.
Thank you. The authorities believe that you have immigrant intent, meaning you intend to stay in USA, or at least overstay your visa. To overcome this presumption, you have to show ties to your country. Ties are the various aspects of your life that bind you to your home country. Strong ties vary from country to country, city to city, and person to person, but examples include:Your job;Your home; and/orYour relationships with family and friends.You will be denied again at the border likely, unless you pre-apply and get approval at a US Consulate. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 11 months ago.
I do understand this and I have really demonstrate all this criteria in the past on my applications in terms of Job, Home and family as well.Even at one stage i ask the Consular to demonstrate or tell me what else lack on my application, but he couldn't as well.I was just told that the decision and to re- apply
Expert:  Ely replied 11 months ago.
Right, which is what you should do. You are not banned from USA, but you have to qualify for a visa.You will not be granted an automatic visa at the border.You may wish to show more proof, such as a letter from an employer, lease/land ownership, etc - in Europe. Unfortunately in the end, it is up to the US consular agent and they may or may not allow the visa. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Ely, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 101373
Experience: US immigration attorney licensed in state and federal court.
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Customer: replied 11 months ago.
Also my next application what the advisable country to apply in my Nationality country which is Sweden or in my Resident country which is London UKalso should i leave out applying for now or can i made an application what your best adviceI will get my lease documents in Europe and all others together
Expert:  Ely replied 11 months ago.
I would wait a while before applying. It is best to apply from one's HOME COUNTRY.
Customer: replied 11 months ago.
Approximately like how many year wait, also what if you country of Resident you staying there as you have a job there already could you applyOr applying for ONE HOME COUNTRY thinking of verification of Jobs and others they would not think why applying from there when you residing in another place why cant you applyIt just a question
Expert:  Ely replied 11 months ago.
It is subjective. I would wait about 6 months, but if you feel you can overcome presumption of immigration, one can apply sooner. If one has lived in the resident country for a few years and has a job there, one can apply from the resident country, yes.
Customer: replied 11 months ago.
Thanks very much for your advice
Expert:  Ely replied 11 months ago.
No problem; take care.
Customer: replied 11 months ago.
Please i have a question about an application for the intership summer work in usa which i am currently working on and i was told to apply for the J1 Cultural exchange visaAlso i will be going on Student Exchange as well on USAMY question is can i put both application together the ( J1 cultural & Student Exchange) and if so do i need to complete two seperate or one form for this application can you advice
Expert:  Ely replied 11 months ago.
Hello, Thank you for your follow up. Since this deals with a J1 visa and not ESTA, this falls outside the scope of the original question. You are urged to ask a new question in regards ***** ***** Or, I can opt out and open this up for other experts.

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