Am I allowed to use my valid ESTA again for a short visit to the U.S. after being denied a B2 visa for 1 year?
I have a valid ESTA since February 2014 which is valid until 2016. I used it last month to visit the U.S. for 2 days. After that I applied for a B2 Visa to stay with friends for 1 year which has just been denied. Can I still travel to the U.S. with my current ESTA for a holiday of 2 weeks in the upcoming period?
Best Answer
You were required to apply for a new ESTA, if you want to use the Visa Waiver Program, once your visa was denied. In general, it's usually not a good idea to apply for a B visa if you are from a VWP country, unless truly necessary.
8 CFR § 217.5 - Electronic System for Travel Authorization
(e) New travel authorization required. A new travel authorization is required if any of the following occur: ....
(5) The circumstances underlying the alien's previous responses to any of the ESTA application questions requiring a “yes” or “no” response (eligibility questions) have changed.
Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?
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Can I use the same ESTA twice?
An ESTA can be used for multiple entries into the United States. Should an individual find themselves in a situation where they wish to visit the United States repeatedly beyond the 90 days permitted by ESTA, then a B-1 Business Visa or B-2 Tourist Visa may be a more suitable alternative.Can you use ESTA back to back?
A valid ESTA is linked to a single passport It is thus not possible to travel to the USA with another passport without applying for an entirely new ESTA. As soon as a passport has expired, the validity expires alongside it.Can I apply for a B2 visa if I have an ESTA?
Even if you have a valid ESTA, if you apply for a visa and the application is denied, this is a changed circumstance that requires you to reapply for ESTA and the new ESTA application will likely be denied now that you have a B visa denial on record.Can you be denied entry with ESTA?
If you already have an approved ESTA, you may still be denied entry to the United States without a visa refusal. On the one hand, the ESTA or any other visa does not guarantee that you can enter the USA. The customs and border guards alone decide whether you are allowed to enter or not.I got denied at the US customs, B1/B2 Visa canceled :(
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Answer 2
ESTA is a pre-approval to enter the US under the Visa Waiver Program (VWP). It does NOT guarantee entry to the US, and all of the criteria of the VWP still apply at the time of entry.
One of the requirements of the VWP is that it can not be used if you have been refused a US Visa in the past.
Thus despite holding a (potentially) valid ESTA, you are not elligible to enter the US using the Visa Waiver Program. The only way that you will be allowed entry is to apply for a Visa, and hope that it is approved this time...
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