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Ely
Ely, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 102161
Experience:  US immigration attorney licensed in state and federal court.
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I have just been refused a visa on ineligibility basis for

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Hello, I have just been refused a visa on ineligibility basis for the us. Will I be able to visit the US under the Visa Waiver Programm once I have a British passport? Thank you
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.

i am sorry to hear about this situation. Please, clarify:

1) What visa were you applying for?

2) What is your nationality?

3) What specific ineligibility did the US Consulate/Embassy cite? In other words, what was the reason? If they simply provided a statutory code (a string of numbers/letters), let me know what that is and I can look that up. Thanks.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ely replied 11 months ago.

Thank you for your call request. The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts receive the request as well, and the first available expert calls. They will also have your question and my replies to build upon, so nothing will be lost. You can request a call by selecting this option at your end of the screen.

Expert:  Ely replied 11 months ago.

(Or we can continue simply chatting online as well.)

Customer: replied 11 months ago.
Hi Ely, I am a Ukrainian citizen with Indefinite Leave to Remain in the UK. I am about to apply for a British Passport. I applied at the US embassy London today for a non immigrant B1/B2 visa to travel for 4 days to the States in August. If I had known, visa denial could affect my future waiver I would have not applied. Now the woman who interviwed me told me I was ineligible for visa and It would not be possible to use the Visa Waiver in the future. The reasons were 214b. I had played green card lottery twice, won both times, first time there was incorrect date of birth on the form, so it did not happen, 2nd time I only entered just in case whilst waiting for my Leave to Remain in the UK, so when I got it, I didn't even check whether I had won, only saw it a year later I my emails that I won again, but I had no intention of immigrating, even the first time friends of our family entered all of us into the lottery. I would very much like to just use Visa Waiver Programm rather than going to the US Embassy in the future. I see that some people had still used the Waiver after refusal from online forums. Also I do not understand Esta situation whether I would need to apply for Esta or how does the Waiver work? Some sites say that it is legal that a person can still use their Waiver after refusal. Thank you!
Expert:  Ely replied 11 months ago.

Thank you.

The reason for denial was because you are considered a high risk for overstay due to your indefinite leave in UK and Ukrainian Citizenship (the US wants you to apply from your fixed, permanent place of residence and that both countries be stable - Ukraine is not in the East, right now). As such, you were denied under 214(b) - the suspicion that you would overstay your visa if granted.

ONCE you have UK citizenship, the US is much more likely to allow a visa. This includes ESTA/VWP, since you would not longer be considered an overstay risk, likely.

NOTE, that ESTA/VWP is more or less all automated. Any little thing can make ESTA deny, so there is still a chance that you may be denied ESTA with a UK Citizenship given your overall history. But a B1/B2 visa (or whatever else) would be likely granted once UK Citizenship is established.

As they say: "Щасти!"

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.
Also I indicated a sales assistant position in a sports store in an application with wages of £1300. It is a friend's family owned business, that is why I have joined the team and I work with many people I have known from before there. Otherwise I did reply that I have a degree in Business Administration and Management from Oxford Brooks Univetsity and that I had been married and divorced and that I had no savings. What happens if I apply for Esta and in case of non approval could I immediately apply for a visa instead? Do I have to apply for Esta with British Passport to be able to travel? I prefer to avoid going to US Embassy, so would rather use Waiver than apply for visas. Could you please let me know. Thank you
Customer: replied 11 months ago.
Also could refusal of Esta affect future visa applications?
Expert:  Ely replied 11 months ago.
Thank you for your follow up.
Also I indicated a sales assistant position in a sports store in an application with wages of £1300. It is a friend's family owned business, that is why I have joined the team and I work with many people I have known from before there. Otherwise I did reply that I have a degree in Business Administration and Management from Oxford Brooks Univetsity and that I had been married and divorced and that I had no savings.
The fact that you had no savings may have hurt.
What happens if I apply for Esta and in case of non approval could I immediately apply for a visa instead?
YES. Not being approved for VWP does not take away your possibility to apply for anything via the consulate.
Imagine VWP is being the "cream of the crop." Their paperwork is in order, their history is immaculate. They waive in when no red flags are triggered by their applications. However, for those that fail the VWP, the "regular" application through the consulate is always an option, still.
Do I have to apply for Esta with British Passport to be able to travel? I prefer to avoid going to US Embassy, so would rather use Waiver than apply for visas. Could you please let me know. Thank you
If you have a UK Passport, you are eligible to apply for a VWP. But if you only have a Ukrainian passport, you are not.
"Also could refusal of Esta affect future visa applications?"
Possibly. Only in that an ESTA refusal may have the consular agent look closer to the application.
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 and other Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you Ely! That was very helpful! Have a nice evening!
Expert:  Ely replied 11 months ago.

Thank you for your call request. The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts receive the request as well, and the first available expert calls. They will also have your question and my replies to build upon, so nothing will be lost. You should receive a call in the next 5 minutes.

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