Previous B visa refusal, subsequent VWP entries...now new system?

Helz

New Member
Hi there,

Not sure if this is the correct forum but I couldn't find another more suitable.

I was very naive in 2004 and on the back of some very bad advice I applied for a 6 month visitor visa. It was my intention to enter the US, give birth at a private birthing centre with whom I was registered and be near my family. My partner was a GC holder and child of citizens.

I turned up at the embassy with all of the forms and documents I had been told to bring (and assumed what I wanted to do was pretty straight forward..oh how I laugh now that I understand it all more!) and as you would expect my visa was refused.

However, when my son was 5 months old I flew to the US and mentioned on my landing card for the VWP that I had been previously refused a visa. I was taken to secondary immigration and was very honest and upfront about everything. I was granted entry.

Since then I have entered 5 times on the VWP and have ticked the correct box stating my previous refusal. I've never been questioned further.

However, I have just checked my flight ticket to visit my son's grandma in Feb and realised that there is now a new system of registration for travelling on the VWP. I have used the eligibility wizard and it says I am not eligible for travel under the VWP and that I must apply for a visa at the embassy.

I'm confused. Can I no longer just declare my previous refusal? Can I register online and see if it is accepted or must I make an appointment for a visa interview?

Any advice greatly appreciated.
 
I believe this is something very new and a first for this forum. In my opinion, I would approach the nearest US consulate to find out what they advise.

I'm confused. Can I no longer just declare my previous refusal? Can I register online and see if it is accepted or must I make an appointment for a visa interview?
 
You are not qualified for VWP if you previously had a visa refused. However, based on your history and 5 trips from which you returned you should have no difficulties qualifying for a 10-year B1/B2 visa.
 
Hi, thanks for the replies!

I just thought I would update in case anyone finds themself in the same situation.

I called the embassy and they advised me to try the online registration and tick the relevant box when it came to visa refusals (its exactly the same as the I-94 landing card). I did this and it was pending for 48 hours then approved.

I called them again to check and they confirmed that I'm free to travel. Obviously they still have the right to check me over at the POA but this is nothing new and I'm sure it will be fine.

Thanks again :)
 
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