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Ely
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US immigration attorney licensed in state and federal court.
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Immigration Law
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I was declined entry to USA at Nassau in Nov 1996. I had a
one year tourist visa as...
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one year tourist visa as I was living in Daytona and had started to learn to fly (my boyfriend was training to be a pilot). The customers officer declined my entry as he said I should have a school visa. I returned to the UK direct from the Bahamas, appealed and was given a 10 year visa! I returned to Daytona for 1 month in January 1997, stayed for a month and then went back to the UK permanently.
Since that time I holidayed in the US several times, using my visa and then the green card "on the plane" system.
I need advice as the first question on the ESTA is "have you ever been denied entry to the USA?" although yes, I have, it was agreed that I could have a different visa.
How do I apply to visit the States please?
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replied 2 years ago.
Hello and welcome to JustAnswer. Please note:This is general information 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. 1) USCIS is already going to have your history from 1996. Them asking you on the ESTA is as much them wanting to know if you are going to be honest as filling in any records they may be missing. If you lie, chances are that the VWP is going to be declined. 2) Even if you have been declined using a different visa, the answer to this question is yes, you have been declined. 3) However, since this happened so long ago and USCIS obviously do not have much of an issue with this anymore because they granted you a 10 year B1/2 visa, answering yes and then providing an explanation should not lead to the VWP being denied. 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 I get credit for my time with you. 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.
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