Visa Waiver Eligibility Afer Visa Denial

[mccheito]

Good afternoon,

I have a question regarding the ESTA application for VWP. If a visa application to travel to the US was recently denied for a certain individual based on article 214(b), does that person still have the option to travel under the Visa Waiver Program if elegible? Does the fact that the visa application was denied makes the person automatically ineligible to be approved for an ESTA? If no, what would this depend on? My question is based on question (F) on the ESTA application form.

I sincerely thank you in advance for your assistance on this matter and any ideas or suggestions will be deeply appreciated.

Thanks!

[Mr. Knowitall]

If the visa was denied because the consular officer reviewing your application believed you intended to immigrate to the United States, that wouldn't prevent you from again trying to enter the U.S. but the question becomes, why would the officer believe things are different this time around?

I don't see anything that you've written that would render you ineligible for the visa waiver program, but when you travel I suggest being prepared to document strong ties to your nation of origin lest you be turned back at the border.

[mccheito]

If the visa was denied because the consular officer reviewing your application believed you intended to immigrate to the United States, that wouldn't prevent you from again trying to enter the U.S. but the question becomes, why would the officer believe things are different this time around?

I don't see anything that you've written that would render you ineligible for the visa waiver program, but when you travel I suggest being prepared to document strong ties to your nation of origin lest you be turned back at the border.

Thanks for your response Mr. Knowitall. The visa was denied because the officer did not think the person had strong ties with the country of origin. I understand if doesn't change that we could have problems down the road when trying to enter the U.S.

Now my question is if we would be granted the ESTA approval due to the visa denial or not since this application seems to be proccessed automatically by a computer and not by an officer, from what I understand. On the questionary question (F) says have you ever been denied a visa? The options are yes/no and it says if yes list the date and where it happen. It doesn't let us write the reason why the visa was denied.

Once again thank you for your help!