I have a valid ESTA since February 2014 which is valid until 2016. I used it last month to visit the U.S. for 2 days. After that I applied for a B2 Visa to stay with friends for 1 year which has just been denied. Can I still travel to the U.S. with my current ESTA for a holiday of 2 weeks in the upcoming period?

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    Would you be willing to show the reason given for the denial? There should have been an INA section quoted. – CGCampbell Jul 8 '14 at 13:23

ESTA is a pre-approval to enter the US under the Visa Waiver Program (VWP). It does NOT guarantee entry to the US, and all of the criteria of the VWP still apply at the time of entry.

One of the requirements of the VWP is that it can not be used if you have been refused a US Visa in the past.

Thus despite holding a (potentially) valid ESTA, you are not elligible to enter the US using the Visa Waiver Program. The only way that you will be allowed entry is to apply for a Visa, and hope that it is approved this time...

  • Actually, having been refused a visa does not now disqualify someone from using the VWP (I don't know if it's always been like that). If someone with a prior visa refusal is granted ESTA authorization (after answering "yes" to the question about prior visa refusals, of course), they can use the VWP. If someone with prior ESTA authorization is denied a visa for the first time, as here, they should apply for a new ESTA because the visa denial is a change in the answer to an eligibility question. – phoog Jan 30 at 0:17

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