Does a visa refusal make one ineligible for the US Visa Waiver Program?
It seems to be consensus on this site that being denied a US visa makes it practically impossible to get an ESTA. I agree on the 'practically' part but I can't seem to find anything definitive from official sources.
The question is not about the likelihood of being granted an ESTA after a visa refusal. It is about whether a visa refusal makes one officially ineligible.
The Ineligibility section on this VWP page ustraveldocs.com (which I understand is official, despite the dodgy name) makes no mention of visa refusals.
The State Department VWP page states only that
A recent visa refusal for any reason could result in denial of ESTA authorization, additional review at the port of entry, or denial of admission to the United States. If you are uncertain if you qualify for VWP travel, you may apply for a visa.
but does not categorically state that a visa refusal results in VWP ineligibility.
This CBP help article is more strongly worded in that it says an ESTA denial is the 'most likely' result given a visa refusal but still comes short of saying anything about ineligibility.
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.
There are claims on the Internet about having been approved for and using an ESTA successfully after a visa refusal but I won't bother to include those for obvious reasons.
Again, the question is not about the likelihood of being granted an ESTA after a visa refusal. It is about whether a visa refusal makes one officially ineligible.
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Can you apply for U.S. visa after refusal?
Take an honest look at your life situation and your U.S. immigration history to determine the reasons why you were refused a tourist visa. While you can't appeal the consular officer's decision, the good news is that the decision is not permanent and you can reapply for a visa at any time after your refusal.Who is ineligible for U.S. visa?
A foreign national is ineligible for a U.S. visa if he or she has been: Convicted of, or has admitted to committing, a crime involving moral turpitude. There isn't a concrete definition of what constitutes moral turpitude, although crimes such as fraud fall into the category.What happens if your U.S. visa is refused?
When your visa application is refused under section 221(g), you will be given a written letter notifying you of the visa refusal and will have 12 months from that date to submit the requested documents without having to reapply and without having to pay a new visa application fee.Does visa rejection affect?
In cases where their reasons were fraudulent documents, criminal charges, faking the itinerary, and so on, it can do serious damage to your credibility and as a result, lead to your future visa applications being rejected regardless of the country.10 Reasons Your US Visa May be Denied
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
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