US Visa Denied Many Times for UK Citizen.

Q. We have been visiting the United States since 2003. Because we are United Kingdom nationals, we have been visiting the United States of America under the Visa Waiver Program. Since our visit, we have not violated our terms of visit under the visa waiver program. We just come visiting and then go home. We are in the States for a maximum of 2 weeks and we are back again in the United Kingdom.

In all the years of our visit, in 2003, 2005, 2007 and 2008, I have maintained a professional career and I own a consultancy company which I opened in 2002,

Finally I got a job which will require me to travel back and forth in the States so I decided to get a US Visa with my family and I. Having considered all the challenges it would take on the family if I were to commute back and forth to the United Kingdom, I decided that I wanted to be close to me if I work from the United States, I decided that they get a temporary school in the United States so we applied for a visa. Unfortunately we were denied a US Visa to my greatest surprise.

On the 31st of May 2008, I traveled to the Atlanta ( I was hoping to use my visa waiver again) Georgia and I was denied entry. The reason was that I had ticked on the 1-94 form that I had been refused a visa before. I did not see this coming and then I was detained in one of the facility in Atlanta and was flown back the next day to the United Kingdom.

They have now requested that me and my family should obtain a US Visa to the united states but each time we apply, we get turned down and the excuse we are given is that we always go to the united states so there is a probability that we want to relocate. The unfortunate thing now is that I don’t work for the company that were supposed to send me to the states any more.

I am writing to appeal to anyone, on humanitarian grounds, who knows how we can reinstate our visa waiver program. We have not in any way during the time of our visit abused its privileges’ and right and if reinstated will continue to do so. Since our last visit to the embassy, my former company could not give any more support because the client they were working with in the states did not sign off the project and since then, we have been refused visa. My children are securely registered in a school in the United Kingdom and are very happy but I am asking any one who knows what we can do to reinstate our visa waiver program.

Can anyone help me please please please or know any solicitor that can take us to the right path?

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A. Without knowing the kind of US Visa you applied for, I am unable to speculate as to the reason your application was denied. In any case, since you now have a US visa denial on your record, your ability to enter the US under the Visa Waiver Program would be impacted. In this instance, I would prepare what we call an “Entry Package” which is a set of documents and information showing that you and your family are genuine visitors to the US. This way, you can hopefully convince a US Customs officer that you should be admitted to the US as visitors.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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