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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28071
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith, I need to ask you, I have a British Passport

Customer Question

Hi Judith,I need to ask you, I have a British Passport residing in Lima Peru I usually travel to the USA on a visa waiver, due to what you had mentioned previously I couldn't stay more than 90 days and I couldn't do an an adjustment of status.So now I have applied for a B1/B2 from Lima and was approved - If in the case I was declined would they say no to me at the interview also - if they did refuse as I can see on the CEAC site it states "ready" - can I still travel under the Visa waiver program?
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Judith replied 7 months ago.

I am somewhat confused. You say your visa stamp for B1/B2 was approved.

Then you go on to discuss a refusal (your words declined).

Which was it?


Customer: replied 7 months ago.
HI Judith,When I went for the interview they told me I was approved and stated I would receive my visa with 3-6 business days. Today I checked on the CEAC website and it says I have been refused.Refused
Application ID or Case Number: AA005RB19I
Case Creation Date: 18-Mar-2016
Status Updated Date: 18-Mar-2016Your application was refused. Please see the letter or other instructions you received at the interview or by DHL courier service.But I didn't receive any letter from the CO it says by DHL courier, which I would need to check.
Expert:  Judith replied 7 months ago.

Under the last action rule the visa was refused and what they verbally said at the interview is superceded by final action.

Generally visa refusal does not affect a previous ESTA authorization and you may continue to use that.

A consular officer may notify CBP to cancer an approved ESTA if there were serious grounds such as discovery of being an intending immigrant or conviction of a crime.

I don't know what your exchange with the consul was and cannot speculate on what action they may or may not take.

If ESTA is cancelled you would receive notice of that either by email or in your passport.


Customer: replied 7 months ago.
Do you work for a company? Do you assist clients for their visa issues in the USA?By the way there was a problem on their CEAC website, and did receive my B1/B2 visa
Expert:  Judith replied 7 months ago.

The JustAnswer does not allow us to work directly for their customers so I could not take your case according to the Terms of Use.

However, since you received your B1/B2 visa there does not appear to be any problems for you.

Please remember to rate my answer as that is how an expert is compensated for their time.


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