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Visa waiver program

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gmandu

Newbie
Joined
Sep 2, 2006
Messages
3
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
 

Dave Noble

Senior Member
Joined
Oct 10, 2005
Messages
6,419
gmandu said:
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
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
 

snufl

Member
Joined
Aug 11, 2006
Messages
255
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.
 

Dave Noble

Senior Member
Joined
Oct 10, 2005
Messages
6,419
snufl said:
Hi gmandu, if in doubt I would apply for a visa.
Looking at the US Government site ( Visa Waiver Program (VWP) ) , I do not think that there is any doubt that a visa is needed

travel.state.gov said:
When does a national of a VWP country need to apply for a visa instead of using the VWP?

Nationals of VWP countries must meet the conditions noted in the section above (Which travelers may use the Visa Waiver Program to enter the United States?) in order to seek admission to the U.S. under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:

Wants to remain in the U.S. for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States;
Wants to work or study in the United States, wants to come to the U.S. for other purposes not allowed on a visitor visa, or intends to immigrate to the U.S.;
Does not have a machine-readable passport (MRP) as of June 26, 2005.
Intends to travel by private aircraft or other non-signatory air or sea carriers to the U.S.;
Has been refused a visa or admission to the U.S. before, or did not comply with the conditions of previous VWP admissions (90 days or less stay for tourism or business, etc.); or
Has a criminal record or other condition making them ineligible for a visa
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
 

NYCguy

Established Member
Joined
Apr 15, 2006
Messages
1,120
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.
 

AU1204

Newbie
Joined
Jan 22, 2007
Messages
5
: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:
 

Dave Noble

Senior Member
Joined
Oct 10, 2005
Messages
6,419
AU1204 said:
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?
From Visa Waiver Program (VWP)

US Govt said:
Nationals of VWP countries must meet the conditions noted in the section above (Which travelers may use the Visa Waiver Program to enter the United States?) in order to seek admission to the United States under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:

.
.
.
.
.
Has been refused a visa or admission to the United States before, or did not comply with the conditions of previous VWP admissions (90 days or less stay for tourism or business, etc.); or
.
.
.
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She is ineligable to enter the USA under the Visa Waiver Programme and is required to have a visa

Dave
 

Dave Noble

Senior Member
Joined
Oct 10, 2005
Messages
6,419
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
 

AU1204

Newbie
Joined
Jan 22, 2007
Messages
5
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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