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  1. #1

    Default Can You Qualify for ESTA After a Rejected Application for a Visa

    Hello everyone,
    I applied for a B1/B2 visa last month and it was denied based on section 214(b). Actually, the Consul told me that I was denied the visa because I was applying for a period longer than 6 months. I wanted to participate in a church programme which has classes (less than 18 hrs/week) and volunteer work, but it's not accredited, so I don't qualify for a student visa. The Consul suggested that I apply for a J1 visa, but this is not possible either as the church is not on the relevant database and it would be too expensive and time consuming for them to enter.
    Now I am thinking of reapplying for a B1/B2 visa, but only for a 6-month period. Do you have any ideas on how I could increase my chances of getting it?
    Another thing is, the Consul told me that I cannot get an ESTA for the rest of my life because I was rejected for a visa. Is that true? Is there anything I can do about it?
    Thanks for the help!

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: B1/ B2 Visa Denied and Wvp

    You may not study or work on a B-2 (tourist) visa. The church should have engaged an immigration attorney before offering classes and volunteer work to international applicants. If the church intends to offer such a program, they must comply with US laws and structure the program properly.

    You have been denied for a visa. US laws are applied uniformly. There is nothing you can do to negate the effect of your earlier applications.

    You should be advised that churches do not typically offer classes and work options. A school affiliated with a church might and that is an entirely different type of program. There is something not right with what you have described; you may have misunderstood the program or they may be taking advantage of your desire to come to the US. In any event, I can understand why your visa was denied based on your very brief description of the program.

    You should look for other opportunities that are in compliance with US laws; a legitimate one will assist you in obtaining the proper type of visa.

  3. #3

    Default Re: B1/ B2 Visa Denied and Wvp

    Thanks for the answer. I was wondering, though, if a combined B1/B2 visa would allow me to take these classes as they are not accredited and they are very few hours per week. As for the volunteer work, it basically involves helping with church services and a few hours per semester at a food bank. I have had extensive communication with the people who organise the programme, and I know another international applicant who has already attended the programme n a B1/B2 visa without any problems.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: B1/ B2 Visa Denied and Wvp

    He's breaking the law. His "no problems" is he hasn't been caught. You're free to apply for visas that meet the character of what you intend to do in the US that you qualify for. As you were told, you are no longer eligible for the VWP. One of the R visas may be the most applicable.

  5. #5

    Default Re: B1/ B2 Visa Denied and Wvp

    One more question: why do you think my friend is breaking the law? She/He applied for an extension for her/his visa while in the US and got it-she/he didn't overstay. Is it illegal to do a non accredited course on a B1/B2 if you only stay for 6 months or less?
    Sorry to ask all these questions; I just want to make sure I understand what is legal.

  6. #6
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: B1/ B2 Visa Denied and Wvp

    Classes for 18 hours per week is more than full time for a typical student at a university. If it is a legitimate school, it would be qualified to issue F-1 student visas. The "work" you described is not what I would consider a job requiring a visa but USCIS could consider it differently. IMO, the problem is yo are trying to be a student at a school that does not meet the very minimal requirements for F-1.

  7. #7

    Default Re: B1/ B2 Visa Denied and Wvp

    Actualy, the classes are maximum 9 hrs/week.

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