Travelling to USA with British passport

Good evening,

What’re the requirements for British passport holder travelling to USA for a short period?

3 years ago I have applied for US visa with refugee travel document, unfortunately the embassy refused the visa without any valid reasons, my question is, will it effect my travel/visa to the US with British passport?

Thanks in advance

British passport holders can travel to the US under the Visa Waiver Program, and need to apply for an ESTA. Non-immigrant Visa Waiver Program

But there are conditions, one section of the application asks for past history of visa revocation on the current or previous passports. As you have been denied a visa once, this will make you ineligible for the ESTA and need to apply for a B1/B2 visa.

Be careful.

Thanks for the reply,

If I understand correctly from your message, I’m NOT eligible for ESTA, is that correct?

If yes, what options are available? i.e submit a fresh application to the embassy?

Furthermore, as stated in the earlier message that there was no clear reason for refusal, even the letter they sent out to my address, was a bit funny as my name wasn’t on the letter, there was no reference number or any specific reasons for refusal l, it was kind of a leaflet or guideline.

But I have traveled to US before as well, and I came back accordingly , I haven’t overstated there, or no problem, but the only part I think was that this time I applied on refugee travel document.

Would appreciate your advice

Doesn't sound like you were refused under the fraud grounds, maybe you just didn't do something right when applying on a refugee travel document, but cannot say for sure. I think you answering "yes" on a question about being refused already will trigger a process to look into it more in-depth, possibly leading to an ESTA refusal. The safest way is to apply for a visa.

Jan07 wrote: ↑

Fri Jan 21, 2022 7:39 pm

If I understand correctly from your message, I’m NOT eligible for ESTA, is that correct?

If yes, what options are available? i.e submit a fresh application to the embassy?

That's correct.

Jan07 wrote: ↑

Fri Jan 21, 2022 7:39 pm

But I have traveled to US before as well, and I came back accordingly , I haven’t overstated there, or no problem, but the only part I think was that this time I applied on refugee travel document.

I also think this was the reason of the denial: applying with a refugee travel document. No matter you didn't do any mistake during your application.

This obviously brought the attention of the official reviewing your application. Looking at this from their perspective, if you are a refugee in the UK nothing prevents you to be a refugee or seek protection in the US too.

Any little sign of someone being a potential immigrant to the US in a non-inmigrant visa is a red flag for them. Having a refugee status is screaming to them you're a potential immigrant to the US.

Can’t agree more, but let’s say I have applied for visa through embassy, is there any chance this time on British passport?

Secondly the refusal was back in 2018, it’s almost four years gap, will it be an issue, or it might be plus point.

Do you recommend whither to go through Soliceter or submit it personally.

Thank you

Jan07 wrote: ↑

Sat Jan 22, 2022 12:09 am

Can’t agree more, but let’s say I have applied for visa through embassy, is there any chance this time on British passport?

Secondly the refusal was back in 2018, it’s almost four years gap, will it be an issue, or it might be plus point.

Do you recommend whither to go through Soliceter or submit it personally.

Thank you

We cannot say anything for sure, but given you show your ties to the UK and don't mislead them, you should be totally fine.
In my opinion four year gap is a plus for you - shows you're not aiming to get to the States by any means, so no reason to suggest anything malicious from this point.
Can't say anything in terms of a solicitor. Maybe have another glance at the denial letter and say if anything there says what might have caused the issue, as I'd expect them to address your previous refusal reasons.

Thanks for the reply, I have found that letter, it says the following, I will rephrase it in short sentences

Dear applicant, this is to inform you that have been found ineligible for a nonimmigrant visa under section 214(b)

The letter mainly focuses on strong ties overseas, it gives examples of schools, family etc, it stated that I have not demonstrated that I have the ties.

But this is absolutely wrong, as I presented them my permanent job letter, I have family and kids too.

Their letter also said that today’s decision can’t be appealed, however you may reapply at any time

Advice please

The only way to know is to apply for a visa. You will not be able to travel under visa-free regime because you have been refused a visa in the past.

But the letter says ineligible, it didn’t say refused

Jan07 wrote: ↑

Sat Jan 22, 2022 3:53 pm

But the letter says ineligible, it didn’t say refused

From the website:

If a consular officer finds you are not eligible to receive a visa under U.S. law, your visa application will be denied (refused), and you will be provided a reason for the denial.

They have a section about 214(b) refuses there as well.

Jan07 wrote: ↑

Sat Jan 22, 2022 3:53 pm

But the letter says ineligible, it didn’t say refused

I did not ask what the letter said. You were refused a visa, therefore no visa-free entry to the USA for you.

Jan07 wrote: ↑

Sat Jan 22, 2022 2:47 pm

Thanks for the reply, I have found that letter, it says the following, I will rephrase it in short sentences

Dear applicant, this is to inform you that have been found ineligible for a nonimmigrant visa under section 214(b)

The letter mainly focuses on strong ties overseas, it gives examples of schools, family etc, it stated that I have not demonstrated that I have the ties.

But this is absolutely wrong, as I presented them my permanent job letter, I have family and kids too.

Their letter also said that today’s decision can’t be appealed, however you may reapply at any time

Advice please

Section 214(b) assesses how the applicant qualifies for a Visa or the intention of the immigrant in the US, it is not related to having a good job, money, family or any "strong ties" in the country of origin only. They will put into this category any reason not applicable to the other sections.

Also, they will not explicitly explain in the letter that your visa was refused due to your refugee status. Clearly it was the reason of the refusal, no matter how strong your ties to the UK were at the time.

I am not sure if your family (partner, kids) also need a visitor's visa to the US. If they need so, be sure they apply at the same time than you, even if they are not travelling with you. The post linked by vinny before explains some reasons for that.

Thank you, much appreciated.

I have have few questions as follow;

I will apply through embassy this time as I’m not eligible for ESTA I think, is there any chance of positive outcome, you reckon?

Do you recommend any specific supporting documents?

If someone is feeling online ESTA form, and if you answer to the question that(yes my precious visa was refused) can you still submit the application with cover letter or reason.

Thanks

I've never applied for an ESTA, but as explained before: one section of the application asks for past history of visa revocation on the current or previous passports. If you answer yes, this will make you ineligible and the refusal will be put on your records. Cover letters or any other argument don't work with them, those decisions are unappealable.

I think you have a good chance to be granted a visa, as long as you are well prepared when attending the interview.

Supporting documents include: a recent employment letter, bank statements of the last six months showing you can cover the expenses while visiting the US and have a healhty financial status in general, ownership documents if you own a house, a car, etc., marriage/partnership certificate... school enrollment letters of your kids.

During the interview, don't mention anything about this denial in the past, unless they ask. Again, there are some tips in the link provided by vinny.

A final tip, when asked what's the purpose of your visit to the US, it's better to say you want to go for vacations, like going to the beach in Miami, take your kids to Disneyworld, visiting Las Vegas, do shopping in the malls, etc.

They like that kind of responses (demonstrating you'll spend a lot of money) more than saying you wanna go there to visit family or friends. However, if you have immediate family living in the US (parents, siblings), you need to say so if asked.

Thank you so much, that’s really helpful

Have a wonderful day

Regards