Can a dual national visit USA under VWP after visa refusal for other nationality?
Recently I was refused an E-2 visa under Section 214b. To be honest I don't really know why because I have strong ties with my home country (house, bank account, family) so my lawyer sent an appeal to the legalnet and I'm waiting for an answer.
I have a second nationality that I used to travel in USA within the last 15 months under ESTA. A few days after my E-2 refusal I checked my ESTA status and it is still authorized.
Can I travel to the States right now or not?
I have a purchased business over there and have to take care of my assets.
Best Answer
You were refused under Section 214(b)which is part of the Immigration and Nationality Act (INA). It states:
Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status.
This means the consular was of the view that you have immigration intent. The E2 visa does not allow for the petitioner to have immigration intent (i.e. plan to stay permanently in the USA)
For this reason, your qualification for ESTA is suspect and it can be voided at your entry by an immigration officer. I will strongly suggest you address the E-2 visa problems you have through your lawyer because like you said, you're coming to see to your business which is WORK and ESTA does not allow for work.
Currently immigration is a hot issue and in flux in the USA, and nonimmigrants and even immigrants are facing a lot of uncertainty regarding their status, don't risk it.
Pictures about "Can a dual national visit USA under VWP after visa refusal for other nationality?"
Can dual citizens enter the US?
Does the United States allow dual citizenship? Yes, practically speaking. The U.S. government does not require naturalized U.S. citizens to relinquish citizenship in their country of origin.Do dual citizens need visa for USA?
Dual Nationality \u2013 Use of Passports For this reason, all U.S. citizens are ineligible for a visa to the United States, including entering the United States on a foreign passport under the Visa Waiver Program.Can I apply for ESTA after visa denial?
If you were previously denied a visa, or previously refused entry to the United States, or previously removed from the U.S., your ESTA application will most likely be denied.How often can I travel to the USA under the Visa Waiver Program?
The Visa Waiver Program (VWP), administered by the Department of Homeland Security (DHS) in consultation with the State Department, permits citizens of 40 countries to travel to the United States for business or tourism for stays of up to 90 days without a visa.Traveling with two passports - I almost got arrested | Jure Sanguinis Italian Dual Citizenship
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