Having your country be part of the ESTA, or Visa Waiver program to come the United States is a wonderful thing! But like many good things, there is a downside. The downside to ESTA is in not disclosing all prior visa refusals (which may make you permanently ineligible to use ESTA), even if you do not know you were refused a visa! Huh? Is it possible that I was refused a visa at an U.S. Consulate and do not know it? Oh, yes it is. In an advisory sent out today by the American Immigration Lawyers Association , there are at least TWO instances in which a person could have had a visa refused, and not know or understand what has happened. Customs and Border Protection ("CBP") may deem the failure to disclose visa refusals for administrative processing or incorrect visa category on the Form DS-160 as a misrepresentation when completing the Electronic System for Travel Authorization (ESTA) form, which could make the applicant inadmissible under INA § 212(a)(...
Our Globally Recognized Team of Immigration Lawyers Shares Our Knowledge and Provides Counsel on Immigration Issues that Affect You, Your Business and Your Family