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Over the last 4-5 years, I've made around 6 visits to the US. Once I stayed for 1 month while subsequent visits lasted for 79-85 days each, with gaps of 1-2 months between, and from September 2013.

On my last entry, in May 2013 until August 2013, the CBP officer told me that they would not return if they were me, for 6 months, or even better, a year. However, I was not issued an entry ban. The last 5 visits have all been to Los Angeles for recreational visits, and they were all around 80 days each.

So last month, I attended the US Embassy in London to apply for a visa for recreational purposes again. I am British. As my application was for a longer visit, 1 or 2 years, they said I was ineligible for a visa, but that I could apply again. Their website does not specify the time limit they mentioned (6 months) for recreational purposes, as far as I have ever seen.

I like visiting Los Angeles. My question is, if I fly there, say this month, would I likely be allowed entry?

  • Within the time spent outside than inside the US rule, just. So you're be suspicious now, after 13 months? – Christopher Wright Sep 11 '14 at 2:32
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    Are you sure it's the TSA? – Relaxed Sep 11 '14 at 4:55
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If I understood you correctly, you have been found ineligible for a visa. You are therefore not allowed to use the Visa Waiver Program anymore:

If you have had a U.S. visa before or previously traveled to the United States under the VWP or another status, you must have complied with the conditions of previous admissions to the United States, and you must not have previously been found ineligible for a U.S. visa.

So the answer would be: No, you are not allowed to enter. From now on, you need to apply for a visa for any visit to the US.

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    Technically this is not correct. The rules have changed, but the websites have not been updated. If you apply for an ESTA, declare that you have been refused a visa, and your ESTA is approved then you can visit under the VWP. Note that this does NOT address the issue of whether he would be admitted - even if an ESTA was approved. And realistically at this point it's very unlikely an ESTA would be approved. – Doc Sep 11 '14 at 6:21
  • @Doc I didn't get into the other question because it seemed moot. But of course if the rules changed, that's another matter. – Relaxed Sep 11 '14 at 6:31
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    I'm not sure we understand. The embassy gave me a letter saying that my application meant that I was "unqualified" for a visa, and it's not a refusal as far as I understand it. As I'd asked for longer than is usually allowed in my case, which is 6 months according to the consulate staff member. I dont know about not not being able to use the Visa Waiver Program, as if I needed to, I'd be able to get one as far as I know. – Christopher Wright Sep 11 '14 at 12:47
  • Presuming you actually applied for a visa (as opposed to just asking about one), then the only two options are that it was approved, or that it was rejected. Legally there is no third option. – Doc Sep 11 '14 at 14:54
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    @ChristopherWright Incidentally, both the warning you got on your last entry and the visa rejections are very strong signs that you have been stretching the rules and risk being flat-out denied entry if you try again. I can see how that's unpleasant if you want to return to the US soon but that's still the way it is. – Relaxed Sep 13 '14 at 11:07

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