USA Visa Denial Query

[stevemilo]

To cut a long story short, I am not allowed to fly to the USA on the VWP and was told I will have to wait 5 years before I can fly to the USA but I thought there would be no harm sending in all my paperwork to the American Embassy of Melbourne to try again.

1. Does anyone know if your passport gets physically stamped if you are denied a Visa to the USA or does it just get entered into their computer system that you are denied entry into the USA ?

2. Would this affect me getting into other countries if they see I was denied a visa to the USA ?

3. Or, do you think it is just better to wait the 5 years and try again then so I do not have any stamps/notes in my passport/computer system that I have been denied a visa to the USA

Any help would be great from anyone that knows about this or has experienced the same sort of thing.

Regards, Steve

 

[Mal]

1. Not sure. I think you'd just get a denial letter if they aren't going to issue the visa.

2. Depends on the country. Most Immigration agents just flick through passports for the next available page. The only real issue you would have is if the immigration form has a question like "Have you been denied entry or deported from any country" (which is on a few immigration forms I've seen). Even a crossed out entry stamp (if noticed) would raise further questions if noticed by the immigration officer.

My general view though is that a consulate has denied you a visa. As a result, any further attempts to enter the US or gain a visa in the next 5 years will be strongly denied (and could even extend your 5 year barrage). Once it's on the computer, don't expect it to just magically disappear.

Lots of people with offences far greater than yours enter the U.S. Look at Wayne Carey as a perfect example. If you are serious about trying to convince the US Govt to let you in, then visit an immigration lawyer who has experience with US visas to represent you and attempt to get the decision overturned. I would think that's your only chance, unless you have friends in high places who can get things happening.

 

[stevemilo]

Thx for writing back, it's prob better to just wait the 5 years and then take it from there or see a immigration lawyer which would probably be more costly than anything. I'm not sure though that Wayne Carey was actually ever charged anything before the Miami incident. Obviously now the only time he could go back to the USA is to face the court. I wish I did have friends in higher places. As they say, it's not what you know, it's who you know. Thx, Steve

 

[stevemilo]

p.s - Do you know of any immigration lawyers who specialist in US visas because all the ones I am searching for on yellow pages are for australian immigration etc.

 

[mainly tailfirst]

FWIW,

1. Applying for a US visa is a two stage process. Since all Visa require interviews (for photos. fingerprints etc.) the consular official that interviews you will explain what will happen. Though if you've already been told over the phone (I assume) to apply again in 5 years - I can't see that the consulate visit would be any different.

2. Unless there is something in your passport, No. Certainly it's a not concern I would have.
That said, who knows what governments are passing around to each other these days. :-|

3. In the long run, it may be better not to apply for 5 years, as if you get rejected, you then get to answer 'Yes' to 'Have you ever been denied a US Visa?' as well as Question 'B'.

As someone who has had a valid visa accidentally cancelled by an overzealous consular official, I can empathise with the O.P. Having to explain it each time to the US INS is an utter pain. I can't imagine what it would be like to explain the background behind an arrest for drug possession as well... :shock:

mt

 

[NYCguy]

Thx for writing back, it's prob better to just wait the 5 years and then take it from there or see a immigration lawyer which would probably be more costly than anything. I'm not sure though that Wayne Carey was actually ever charged anything before the Miami incident. Obviously now the only time he could go back to the USA is to face the court. I wish I did have friends in higher places. As they say, it's not what you know, it's who you know. Thx, Steve

It doesn't seem to stop Amy Winehouse, or Kate Moss, or... Need I go on? You need a good lawyer, not friends in the INS/DHS. "Friends in high places" would, I imagine, be most unlikely to pull strings for anyone, for fear of putting their own necks on the block. There's a difference between getting expert advice, and being given a wink and a nod.

!

 

[stevemilo]

It doesn't seem to stop Amy Winehouse, or Kate Moss, or... Need I go on? You need a good lawyer, not friends in the INS/DHS. "Friends in high places" would, I imagine, be most unlikely to pull strings for anyone, for fear of putting their own necks on the block. There's a difference between getting expert advice, and being given a wink and a nod.

!

Amy Winehouse wasn't allowed in the US. From what I know, they are strict with common people as well as well known people, that's just the way the US works unfortunately.

 

[stevemilo]

FWIW,

1. Applying for a US visa is a two stage process. Since all Visa require interviews (for photos. fingerprints etc.) the consular official that interviews you will explain what will happen. Though if you've already been told over the phone (I assume) to apply again in 5 years - I can't see that the consulate visit would be any different.

2. Unless there is something in your passport, No. Certainly it's a not concern I would have.
That said, who knows what governments are passing around to each other these days. :-|

3. In the long run, it may be better not to apply for 5 years, as if you get rejected, you then get to answer 'Yes' to 'Have you ever been denied a US Visa?' as well as Question 'B'.

As someone who has had a valid visa accidentally cancelled by an overzealous consular official, I can empathise with the O.P. Having to explain it each time to the US INS is an utter pain. I can't imagine what it would be like to explain the background behind an arrest for drug possession as well... :shock:

mt

Thx for writing. I agree completely, it's best to wait by the sounds of things. Regards, Steve

 

[Bundy Bear]

I showed a link of this thread to someone who has suggested the following.

1) Yes they will stamp the passport - they cannot stamp "REFUSED" but they will stamp "APPLICATION RECEIVED" - but every other embassy knows what it means

2) Depends which country, but there will be questions asked. If it is a legit situation it wont hurt you.

3) If it is a 221g situation, chances are you will never overcome it without a lawyers assistance.

 

[stevemilo]

Thx 4 writing back Bundy Bear. From what you and others have written I think it's better to just wait the 5 yrs and try reapply then. It's probably the safest option. I don't understand your answer to question 2. What do you mean "If it is a legit situation it wont hurt you" ? Thanks, Steve