Recently I was refused an E-2 visa under Section 214b. To be honest I don't really know why because I have strong ties with my home country (house, bank account, family) so my lawyer sent an appeal to the legalnet and I'm waiting for an answer.

I have a second nationality that I used to travel in USA within the last 15 months under ESTA. A few days after my E-2 refusal I checked my ESTA status and it is still authorized.

Can I travel to the States right now or not?

I have a purchased business over there and have to take care of my assets.

  • "To be honest I don't really know why" - didn't they include the cause on the rejection letter? "Can I travel to The states right now or not" - you mean under your second nationality under ESTA? – Kuba Feb 1 '17 at 11:42
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    If you already have a immigration lawyer who is dealing with your E2 application that is the best person to advise on using the visa waiver program. – Patricia Shanahan Feb 1 '17 at 11:46
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    You can't work in the US on the VWP so your question seems moot. – David Richerby Feb 1 '17 at 15:59
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    It's not obvious to me that checking up on a business you own is work according to the visa definition, or business according to the B2 definition. Especially if the owner is not claiming a salary from the business. – DJClayworth Feb 1 '17 at 21:52
  • The thing is that I don't want to work, I just need to take care of my financial issues. Otherwise it's risk to lose my capital! – George g Feb 2 '17 at 13:01

Can a dual national visit USA under VWP after visa refusal for other nationality?

Not unless you have notified a change in circumstances regarding:

visa refusal


You were refused under Section 214(b)which is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status.

This means the consular was of the view that you have immigration intent. The E2 visa does not allow for the petitioner to have immigration intent (i.e. plan to stay permanently in the USA)

For this reason, your qualification for ESTA is suspect and it can be voided at your entry by an immigration officer. I will strongly suggest you address the E-2 visa problems you have through your lawyer because like you said, you're coming to see to your business which is WORK and ESTA does not allow for work.

Currently immigration is a hot issue and in flux in the USA, and nonimmigrants and even immigrants are facing a lot of uncertainty regarding their status, don't risk it.

  • Does anyone knows how long it takes to the LegalNet to give an answer for the appeal that my Lowyer sent for my visa refusal under section 214b.? – George g Feb 2 '17 at 13:37
  • @ George g Are you sure you lawyer appealed or reapplied? USA visas typically do not allow appeal. If it was a reapplication as I expect, it would take about the same amount of time as a fresh application for a visa. – Augustine of Hippo Feb 2 '17 at 15:15
  • This is what she's inquires legalNet after a long message that explains the reasons why they shouldn't denied my visa. "We would appreciate if Legal Net could assess Mr. G requirements as set out by INA 214(b)" – George g Feb 2 '17 at 17:35
  • She refers this as legal argument! – George g Feb 2 '17 at 18:27
  • LegalNet is not an appeal process. cliniclegal.org/resources/articles-clinic/… – mzu Mar 9 '17 at 4:51

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