Entry to USA after previous denial
My Belizean fiancé was denied entry to the USA about three years ago, when he was attempting to go visit his daughter in Florida. He had travelled a number of times in the US with no problems. But on his last attempt at entry they suspected he was going to work illegally, and sent him back to Belize. There were no charges laid. At this point he will have to apply for a new passport, and is wondering how he finds out if he’s even allowed to land in the United States en route to Canada with me. How does one find out?
Best Answer
The US does not do "sterile" or "airside" transit: every person who flies from overseas and lands at a US airport must pass through US Immigration, enter the US, then pass through US customs. Only then, after being admitted to the US, can the traveler get to the departure gate for a connecting flight.
Belize is not a visa waiver country for the US. Thus, unless your fiancé has a US visa and a valid passport, he won't be allowed entry to the US. In practice, he will not even be permitted to board a US-bound flight. The only way to find out for sure if your fiancé can obtain a visa to enter the US is for him to apply for and be issued a US visa.
(Note that having a US visa only gets him to the US border at the US airport; US Immigration might still deny him entry. See Augustine of Hippo's Answer to this question.)
Without knowing more about the circumstances of his refusal — as asked about in @jcaron's comment to your question — no one can guess the probabilities of success.
Finally: this answer does not address COVID-related issues. Entry to the US, or to the specific state where the US airport is located, may require testing (perhaps multiple) and local quarantine upon arrival.
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What happens if denied entry into the US?
The United States is currently limiting nonessential travel. If you have been refused entry at the airport because you are visiting you may be required to return once the US re-opens its borders to visitors. If you were denied entry due to another reason not Coronavirus related, continue reading through this article!When can I reapply for US visa after denial?
Do refused applicants have to wait three to six months before reapplying? There is no time restriction on resubmitting an application after a refusal. If additional information or supporting documentation is available which may further demonstrate applicant's qualification for a visa, an application may be resubmitted.How do you get a US visa after being denied?
To reapply, you must complete a new application form, pay the application fee, and schedule an appointment for a new interview. Review the website of the U.S. Embassy or Consulate where you plan to reapply to learn about any reapplication procedures.Can you apply for an ESTA after being denied?
You can notably reapply for an ESTA online after a waiting period of 10 days following the receipt of the refusal notification if the refusal is due to a simple error you made when completing the form. In this case, the refund of costs and fees incurred can be used to pay for the new application.WHAT HAPPENS When You’re DENIED ENTRY TO THE US at the AIRPORT or PORT OF ENTRY | Immigration Lawyer
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