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I have a situation where I've been refused a new B2 visa under 214(b), but still have my current B2 visa valid for about 2 weeks.
Can I still travel to the USA for a week before it expires? Would homeland security ask me questions regarding my new visa refusal and could they potentially deny me an entry ? Or can they see on the system that I've been recently refused a new visa?

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    For those of us that don't know, what is 214(b)? They almost certainly can see that you've been refused a new visa, the only question is if that has any effect on the validity of your existing visa. – CMaster Oct 11 '16 at 16:34
  • @CMaster "Did not establish eligibility for the visa category being applied for or overcome the presumption of being an intending immigrant" – Michael Hampton Oct 11 '16 at 17:08
  • "They almost certainly can see that you've been refused a new visa" purely for the record: I'm just not sure if that's the case. Even today, it's astounding some of the "I can't believe that is NOT linked-up" systems in the USA. This has no bearing on the matter at hand; I'm just saying as an incidental issue. – Fattie Oct 11 '16 at 21:04
  • @pnuts - precisely. – Fattie Oct 11 '16 at 21:04
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It's unusual that they did not cancel your old visa when you went to apply for the new visa. Usually, when you apply for a new US visa, especially if it's the same kind of visa as in this case, they cancel the old US visa as the first thing, regardless of whether or not you are approved for the new visa. Check your existing visa to see if it has something like CWOP (cancelled without prejudice) written over it.

If they indeed did not cancel your existing B2 visa, then yes, you can use it to try to enter the US on any day on or before the expiration date. Note that a foreigner (especially a visitor) can always be denied entry. The immigration officers at entry also make a determination of immigrant intent, and will deny you entry if you cannot convince them you have no immigrant intent. And the fact that a consulate so recently denied you a visa for immigrant intent (INA 214(b)) could very well affect the immigration officer's determination.

  • thank you, but ye there is no mark on my valid visa at all – Iris Oct 11 '16 at 18:25
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    The situation is odd enough that "who knows", but I think the answer understates the probability of an entry refusal. Both the consular officer and the immigration officer are required to make the same nonimmigrant status determination under 214(b), but the consulate is better placed to have the information to make a more accurate judgement and hence has greater expertise (which is one reason for visas). I can't imagine that a CBP officer aware of a recent refusal would substitute their own judgement for the consulate's. – Dennis Oct 11 '16 at 18:57
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    @pnuts and the existing visa may be noted as cancelled in the system, and seen by CBP, along with the refusal, when entry is attempted. – Giorgio Oct 11 '16 at 19:12
  • I just wanted to apply for a new visa as i was planning to go soon my current visa is expired, and i was sure i would not have any issue to get a new one, since iv been to the US about 10 times for the past 3 years and always stayed no more than 7-10 days each time .. also i have a job and the resident in the UK. – Iris Oct 11 '16 at 19:35
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    @Iris "So next time i ll write that i have no friends": that's probably a bad idea. They'll compare your next application to the previous one, see the inconsistency, and probably conclude that you are being deceptive. If they conclude that you are being deceptive, they will certainly refuse you and you will have made matters much, much worse for yourself. – phoog Oct 13 '16 at 17:48

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