banana12

Hi guys,

Unfortunately I'm one of the people that acted before doing my research!

I applied for a B2 Visa because I wanted to stay over the 90 days (I had just finished study and wanted to do some travelling and attend a cousins wedding before getting a full time job back home in New Zealand as I knew I wouldn't be able to take a long holiday).

Visa interview was going well and CO was chatting away until he saw the part where my sister had filed a siblings petition for me! .. She decided to do this when I was young and I just agreed not knowing anything about it. .. it's only been 7 years and from what I've read there's still a while to go.

Anyway he said he would have to deny my visa because of this and that he would be saving me from going through the hassle of being denied entry at the border ...

I haven't tried applying for ESTA yet and it's been 2 years since my Visa denial, I've read that some people have had approved ESTA's after visa denials but all the thread's I've read have been about people getting denied visa's due to lack of ties to home country nothing about petitions filed.

I really want to visit in August for another cousins weddings but I don't know what the best thing to do is, I don't want to dig myself in a deeper hole! I would only stay a month as that's all the time off I can get from work.

Any advice would be great appreciated!

Thanks!

BunnyGirl

Apply for the ESTA and see what happens! If you're denied it'll onyl cost you $4 (I think).

You must declare the visa denial when you apply. Good luck!

zerlesen

The rule of thumb seems to be to give it six months after a visa denial before expecting anything positive to come from ESTA. You are well beyond that threshold. Give it a try - the worst that can happen is a denial, in which case you're no worse off than you are now. (Unfortunately, although you can always have another go at a B-2, they can deny it again for the same reason.)

Pulaski

Some report up to 12 months, but it is certainly worth trying after 6 months. In this case, after two years, the OP is well out of the grey area and shouldn't have a problem.

MarylandNed

US immigration never ceases to amaze me with its asininity.

RICH

So after waiting 7 years to legally immigrate via sibling sponsorship, you thought a B visa would circumvent the wait. The immigration official caught the deception and denied the visa. Now you want to circumvent the visa process altogether by claiming eligibility for VWP. Good Luck.

(Not my opinion- just expressing what it might look like to the authorities)

banana12

Rich as mentioned I just agreed to do the siblings petition not thinking anything of it, at the time I was 17 and my sister thought it would be a good idea to have an option to move to the US in the future. I wasn't deceiving anyone or trying to circumvent anything. VWP only allows you to be in the US for 90 days max I applied for a B2 visa because I wanted to stay 4 months but now I know that was a big mistake and should have just stayed the 3 months!

I also forgot to mention I have travelled to the US under VWP 4 times since my petition was filed (before the denial) and never had a problem at the border so that obviously wasn't an issue for the VWP.

I'm just annoyed because I I'm trying to do everything the right way and I'm being punished, yet there are people out there constantly cheating the system who get away with it.

Michael

Just apply through ESTA. Usually most people (especially younger people) that apply for a B2 visa that are eligible for visa waiver program get denied so if you actually got approved, you would have been one of the fortunate few.

Since ESTA doesn't ask about ties, you'll likely be approved.

RICH

The people who cheat the system have walked across the desert and live in fear and poverty, mostly.

scrubbedexpat099

Interesting, not the ones I know of. Even the Gov figures suggest otherwise.

banana12

I'm not talking about cheating the system in the sense that you overstay etc, I'm talking about people that don't answer questions honestly I'm sure there's people that have got to visit by lying, they're obviously not going to admit it or tell anyone AND I'm not implying that I should have lied either it's not worth it!

Anyway that's not the point of my post, I need advice on what I can do to visit and not get myself in a worse situation. Thanks to those who gave me that, it looks like my only option is to try ESTA and see what happens!

S Folinsky

What punishment was imposed? I'm curious.