Visa waiver program

Discussion in 'Visas, Immigration & Customs' started by gmandu, Sep 2, 2006.

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  1. gmandu

    gmandu Newbie

    Sep 2, 2006
    3
    0
    I was an Indian citizen when I applied for a student visa to US, which got rejected twice. Following which, I accepted an offer from Aus university and proceeded to Australia. Now after 3.5 years, I may be travelling to US for 10 days for some university trip as an Australian citizen. As Australia is a visa waiver country I see in the I-94W form that there is a clause which says "were u rejected an US visa before?" or similar. Since I had the visa rejected under Indian nationality, will I be eligible to travel under the Visa waiver program with Australian nationality or I need to apply for a visa? Any replies will be appreciated. Thanks
     

  2. Dave Noble

    Dave Noble Senior Member

    Oct 10, 2005
    6,419
    8
    What nationality you applied under before is irrelevent. Since you have been refused a US Visa before, my understanding is that you are ineligable to enter under the VWP and so you do need to apply for a visa to enter the United States.

    Dave
     
  3. snufl

    snufl Member

    Aug 11, 2006
    249
    0
    Hi gmandu, if in doubt I would apply for a visa. My daughter had to apply (different circumstances) but I will pass on some of what happened.
    1. Originally we didn't think she would need to apply after reading the clauses, however we found out later that if she had entered without it there was a chance she would have been put in a cell and returned on the next flight.
    2. There can be a long (many weeks) waiting list for interviews. If you apply do it well in advance.
    3. When you go to the interview be well prepared. Take evidence supporting your reason for going, proof of finances and return to Australia details. Anything you can to support your application.
    I don't want to be dramatic about this but we had fully paid for a holiday and at one stage it looked like she would have to stay home. Everything worked out fine but we were lucky to even get an interview before our departure date.
     
  4. Dave Noble

    Dave Noble Senior Member

    Oct 10, 2005
    6,419
    8
    Looking at the US Government site ( Visa Waiver Program (VWP) ) , I do not think that there is any doubt that a visa is needed

    gmandu has been refused a visa to the US and so I cannot see how he would be eligable to enter the USA under the VWP . It is a long trip to the US to risk being shoved back on the next flight to Australia on arrival

    Dave
     
  5. I wouldn't tempt fate with the homeland security bureacracy in the USA - they are utterly charmless and totally rigid when it comes to the rules. It is in your best interests to declare you past and let them make a decision. They are tough with visas, but not unreasonable, and your status as a naturalised Australian will be a big plus. But don't just 'try your luck', or you may well be headed back on the next flight, and the next time you try to enter the USA it will be even more difficult.

    I also agree with the advice that you should start NOW! Like any big govt department, they are not quick. Don't hope it will happen in 10 working days, 'cause you'll almost certainly be disappointed.
     
  6. Dave Noble

    Dave Noble Senior Member

    Oct 10, 2005
    6,419
    8
  7. gmandu

    gmandu Newbie

    Sep 2, 2006
    3
    0
    Thanks Guys...
    I will book an appointment with them soon...
     
  8. AU1204

    AU1204 Newbie

    Jan 22, 2007
    5
    0
    :oops: My sister was born in China and now is an Australia citizen. Her application for a B-2 visa to USA has been denied once while she was in Sydney. That's about 1.5 year ago.

    Now, she wanted to try using that Visa Waiver Program. I was wondering since her passport has been changed from Chinese Nationality to Australian. Is there any possibility if she made some change in her name, like adding an English name in front of her Chinese name?

    What kind of information can the immigration officer at the port of entry can get under the US government system?

    Any assistance will be highly appreciated!:oops:
     
  9. Dave Noble

    Dave Noble Senior Member

    Oct 10, 2005
    6,419
    8
    From Visa Waiver Program (VWP)

    She is ineligable to enter the USA under the Visa Waiver Programme and is required to have a visa

    Dave
     
  10. AU1204

    AU1204 Newbie

    Jan 22, 2007
    5
    0
    Thank you, Dave! Have a wonderful day!:)
     
  11. Dave Noble

    Dave Noble Senior Member

    Oct 10, 2005
    6,419
    8
    np. The fact that she is now Australian may well mean that her chances of getting a visa approved have changed . It would be very unwise to risk travelling to the USA without a valid visa since getting refused admission and getting sent back on the next flight would be expensive and tedious

    Dave
     
  12. AU1204

    AU1204 Newbie

    Jan 22, 2007
    5
    0
    Many thanks, Dave-
    She's going to apply for a Visa soon. She plans to stay in the US about 90 days anyway!
     
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