What are the my chances of obtaining a visa after I have been rejected the first time? 6 Answers as of July 21, 2011

I have been refused a visa to go and live in america to study and I do not have a criminal record. Luckily I managed to obtain an Esta to go on holiday, but I was wondering what the chances of me landing in america and they refusing me entry and sending me back home?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Those chances are the same as they were before you were refused the student visa and the same as when you were given authorization through ESTA to come for a visit. The reason I say that is because the immigration officer at the port of entry can always deny admission to anyone he feels justification exists for the denial. This is true whether the person has a visa or not. So, you in no worse position than anyone else unless there is something you are not sharing. ESTA authorization is usually pretty telling as to whether you will be allowed in or not though not a guaranty. Good luck!
Answer Applies to: California
Replied: 7/20/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
On your esta application, did you divulge that you had been denied a visa? If not, then you need to redo Esta and disclose. That misrepresentation can get you removed at the border and barred from entry for years. Getting in the US is never a guarantee- have proof of your intention to return to your home country on time and be able to explain why you are in the US
Answer Applies to: California
Replied: 7/21/2011
Fong & Associates
Fong & Associates | William D. Fong
If you have been approved under ESTA and you have evidence of the temporary nature of your visit, you should be granted entry to the US.
Answer Applies to: Texas
Replied: 7/20/2011
Law Office of J Thomas Smith
Law Office of J Thomas Smith | J. Thomas Smith Ph.D.
It depends on why you were determined to be "inadmissible." There are a number of possible reasons that your visa was denied, past criminal activity, health issues, national security, past visa fraud, etc. An experienced immigration lawyer will be able to ask the right questions and give you a more precise response.
Answer Applies to: Texas
Replied: 7/20/2011
The Law Offices Jonathan D Montag
The Law Offices Jonathan D Montag | Jonathan D Montag
Consular officers are only supposed to deny a person a visa for specific reasons grounds of inadmissibility found at INA 212. They can also deny a nonimmigrant visa if they suspect an immigrant intent or the evidence is that the person is not going to fulfill the terms of the visa. Inspectors at ports of entry make independent determinations of admissibility. An inpector can deny entry to a visa waiver applicant if the inspector believes the person is not going to abide by the terms of the program coming for a 90 day visit. Often if an officer sees repeated entries under the program and evidence of residence in the U.S., the officer can deny admission asserting there is an immigrant intent.
Answer Applies to: California
Replied: 7/20/2011
    Clifford Togo Sakata
    Clifford Togo Sakata | Clifford Togo Sakata
    Whether you are able to obtain a visa will depends on the merits of every individual case. Just because you were denied previously doesn't mean you cannot get another visa in the future. Please contact an immigration attorney for additional guidance.
    Answer Applies to: California
    Replied: 7/20/2011
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