Does the US keep track of visa denials?
Jan 31, 2019, 4:18 pm
#1
Original Poster
Join Date: Jan 2019
Posts: 2
Does the US keep track of visa denials?
Hi. I used 2 different date of birth and name with fingerprint and they refused my case like 23 years ago but now I am european national with real name and date of birth. Can I visit to USA? Or they still have old record?
Feb 1, 2019, 2:57 am
#4
Join Date: Nov 2015
Location: BNE
Programs: NZ*G, QF Bronze, VA Red
Posts: 563
No. If you were permanently barred (convicted of serious offences, or overstaying a Visa), you would have to apply to your local US embassy for a waiver to enter the country, which requires you convincing them that the reason you were previously denied entry is no longer a concern.
As the reason you were previously denied entry is you lied to CBP (and lying about your date of birth would be considered an attempt to mislead them as to your identity) you would have been barred for a number of years. 23 years is likely to significantly exceed the barring they enforced, however you should definitely contact your local US embassy - no-one on FT will have the answers for you. It does not mean you can never enter the country, but it does mean you cannot use VWP.
As the reason you were previously denied entry is you lied to CBP (and lying about your date of birth would be considered an attempt to mislead them as to your identity) you would have been barred for a number of years. 23 years is likely to significantly exceed the barring they enforced, however you should definitely contact your local US embassy - no-one on FT will have the answers for you. It does not mean you can never enter the country, but it does mean you cannot use VWP.
Feb 1, 2019, 8:23 am
#5
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Apply for a US visa at the nearest US embassy/consulate and see how it goes. And make sure your answers are complete and truthful.
Feb 1, 2019, 2:47 pm
#6
Join Date: Jan 2018
Programs: UA, LH, BA
Posts: 294
The records are almost certainly still there, and the fingerprint match done on arrival at a US port of entry or equivalent was meant to catch this kind of situation too.
Apply for a US visa at the nearest US embassy/consulate and see how it goes. And make sure your answers are complete and truthful.
Feb 2, 2019, 11:14 am
#7
Join Date: Dec 2010
Location: DEL
Posts: 1,056
The OP here might get lucky and slip through the cracks, but trying to enter VWP when you've had a previous denial or revocation is a great way to get refused.
Feb 2, 2019, 9:22 pm
#8
Join Date: Jan 2018
Programs: UA, LH, BA
Posts: 294
The question for VWP is if you have ever had a visa refused/revoked/cancelled, not if you with this nationality have. If you're Indian and get a visa revoked and later acquire UK nationality, you're still VWP-ineligible based on the earlier revocation. That doesn't necessarily mean that a visa application for our now-British citizen will be refused, but an ESTA application should be.
The OP here might get lucky and slip through the cracks, but trying to enter VWP when you've had a previous denial or revocation is a great way to get refused.
The OP here might get lucky and slip through the cracks, but trying to enter VWP when you've had a previous denial or revocation is a great way to get refused.
Feb 7, 2019, 10:18 am
#9
Join Date: May 2016
Location: YUL
Programs: Aeroplan, NEXUS
Posts: 432
I had a friend who renounced her US citizenship and applied for naturalization in a new country in order to accept a job in that country. She was originally born in Portland. Her new citizenship in the new country meant that she had to apply for a US visitor's visa. (since the new country is not one of the VWP countries) When she went to the US consulate, the visa officer asked "why do you want to visit the US if you renounced your citizenship and didn't want to be one of us no more?" Not sure if the officer was kidding or not, she gave the only answer she could: "the rest of my family, grandpa, grandma, mom, dad, father-in-law, children, uncles, nieces and last, but not least, my dear husband re all still US citizens) She got her visitor's visa, of course, but still....
Feb 7, 2019, 2:41 pm
#10
Moderator: Travel Safety/Security, Travel Tools, California, Los Angeles; FlyerTalk Evangelist
Join Date: Dec 2009
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Posts: 20,599
Moderator's Note: Topic Drift
Folks,
Please get back to the subject of the OP's question, which is NOT renouncing US citizenship.
Thank you,
TWA884
Travel Safety/Security co-moderator
Please get back to the subject of the OP's question, which is NOT renouncing US citizenship.
Thank you,
TWA884
Travel Safety/Security co-moderator
Feb 7, 2019, 3:57 pm
#11
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OP must apply for a visa as he is almost certainly VWP ineligible. Tell the truth, no shading the truth, on the visa application and see what happens.
Bear in mind that even if OP slips through the VWP prohibition and is granted an ESTA, that is no guarantee that it won't all be figured out on arrival and that he won't be on a flight back to his origin. While that could happen with a visa too, it is a lot, lot less likely.
Bear in mind that even if OP slips through the VWP prohibition and is granted an ESTA, that is no guarantee that it won't all be figured out on arrival and that he won't be on a flight back to his origin. While that could happen with a visa too, it is a lot, lot less likely.
Feb 7, 2019, 7:19 pm
#12
Join Date: Mar 2002
Location: US expat somewhere south of Valpo, Chilezuela
Programs: On the way to lowly LATAM Gold, AA, MiClub Lider
Posts: 853
Data point: my Chilean wife was denied an embassy issued visitor visa many years ago but upon initiation of the VWP for Chile had no problems being approved twice for ESTA. Will be applying this month for a third time.
Feb 8, 2019, 1:17 am
#13
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Your Chilean wife had a name change between the time of her (US?) visa application denial and the time of her ESTA application? How many years in between the visa application denial and her initial ESTA application?
Feb 8, 2019, 7:26 am
#14
Join Date: Mar 2002
Location: US expat somewhere south of Valpo, Chilezuela
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Must of been one to two years before VWP started. I was doubtful she would be approved for ESTA but was and even a second time. Will try for number three this month.
The first time we entered at DFW which did not have the obnoxious instruction that ESTA first timers must go to a live agent like at other airports and used the automated kiosk. When we handed over our slips at the booth, the agent payed no attention to her and directed his probe/test questions to me, none having anything to do about my wife. Second time we entered at LAX with her daughter and infant grandson and saw an agent in the family expedited line with no problems.
Feb 8, 2019, 7:46 am
#15
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A lot depends on why the visa was denied so many years ago. It is also possible that one is admitted under an ESTA five times and then CBP tumbles to the fact that there was a long-time ago visa denial and the individual is denied entry on the sixth occasion.
Without knowing the exact facts, I would not draw comparisons between separate results.
Without knowing the exact facts, I would not draw comparisons between separate results.
