Visa Waiver

[Cleocatra]

I was reading on a Q&A website that for the Visa waiver to the US, that unless someone is actually denied entry on the waiver at a border, technically, according to the State Department, an individual can still enter the US for his/her stated purpose at a later date. Is this true? The source I got this from is an immigration expert, with apparently a lot of experience. Here is what he writes in reference to someone who was denied entry on the B2 Visa and wishes to try to use the VWP:

"A person who has been denied entry to the United States may not participate in the Visa Waiver Program. Denied entry means they presented at the border to attempt to enter the U.S. and were inspected. As part of the inspection process they were denied entry on the B2 visa. Being denied the visa in the first place is not a factor. The visa is permission to seek entry into the United States. All it takes to restore the visa waiver privilege when you have been denied entry is to gain legal entry through a visa."

Is it possible, that if my b/f wanted to come visit the US this summer he could use the VWP after all? It'll be over a year since he tried for a visitor visa. Can someone please clarify this for me?
Thank you very kindly!

[DonnyC]

I'm not a Visa expert but from my interpretation they mean that he can reenter if he clears the denial. Did he get a reason for denial from the embassy?

I don't know what your getting at with the border part or where he was denied entry at.. A border doesn't actually mean he must be stopped at the border it can be by any means that could take him across the border for example: boat, plane . Get an answer from them they are the only ones that can clear his file and allow access. I hope I answered at least some of your question.

[Cleocatra]

I'm not a Visa expert but from my interpretation they mean that he can reenter if he clears the denial. Did he get a reason for denial from the embassy?

I don't know what your getting at with the border part or where he was denied entry at.. A border doesn't actually mean he must be stopped at the border it can be by any means that could take him across the border for example: boat, plane . Get an answer from them they are the only ones that can clear his file and allow access. I hope I answered at least some of your question.

Hey thank you for the super fast reply! =O)

The reason the embassy gave my b/f was the one a lot hear; not enough ties to his home country.

He wasn't denied entry at any border, my b/f tried to get a visitor visa, at the embassy in Europe when he went for his interview, they just flat out denied him.

It was the embassy official they told him he could not use the wavier anymore. So what is confusing to me now is I was told by an immigration "expert" that just because my boyfriend was told he couldn't use the waiver by the embassy official, it does not mean he necessarily loses his right to actually use it. What else I was told was that the only way he could NOT use the waiver again is if he was denied entry at a border crossing, such as in an airport etc. But there in lies the crux of the problem; how can he use the waiver to get into this country for a visit if he could be denied entry by an immigration official? Then his chance of using the waiver becomes more obscured to me.

Getting any answers from the embassy in his home country is an effort in frustration, I've gotten too many different answers when I've tried. I'd much rather know the law in regards to this matter then take the word of some bureaucrat who is having a bad day/week/month/year.

Thanks again DonnyC!

If there is any more information anyone can offer, it'd be soooo much appreciated.