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Visa/ Visa waiver !!?

I am asking this question for some one from Asia. He came to US 5 years ago and overstayed 3 months on his tourist visa ( On his Asian Passport). Few days back he was denied tourist visa because he overstayed 5 years back. But he is also UK Citizen! Can he just come on Visa Waiver? or will he be denied entry?

4 Answers

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  • Lisa A
    Lv 7
    7 years ago

    No. You can't get a visa waiver if you have been denied a tourist visa, or if you have ever overstayed a tourist visa or a visa waiver.

    Don't whinge like this is an unfair situation. He chose his own actions. These are the consequences.

  • 7 years ago

    A denial of the B2 by the US consulate is automatically entered into the DHS database and should also trigger an ESTA denial. But even if he made it to the United States, CBP would not allow him to enter the United States without a proper visa, which he does not have and most likely never will be able to get. Rule of thumb is that as much as 1 day or overstay means never be able to visit the United States again.

    Source(s): An immigrant from Europe, I now live on the American Rivera in the charming old mission town San Buenaventura and work as an attorney in Santa Barbara, Calif.
  • 7 years ago

    If they catch him they will decide it is a deliberate attempt to bypass his ban. This will lead to a new longer ban.

    US immigration are not too stupid. I know people stopped on suspicion and only released after a lot of investigation decided they were not the person they were checking on.

  • Anonymous
    7 years ago

    he will probably never return to the USA

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