Visiting on ESTA whilst unemployed with visa pending
#16
Account Closed
Joined: Mar 2004
Posts: 2
Re: Visiting on ESTA whilst unemployed with visa pending
There is never any guarantee but you case does not look that bad.
#17
Re: Visiting on ESTA whilst unemployed with visa pending
I agree with civilservant and Boiler, and I think you just got unlucky with an excessively grumpy officer. Wishing you luck on your travels!
#18
Forum Regular
Thread Starter
Joined: Nov 2018
Location: Las Vegas, USA
Posts: 42
Re: Visiting on ESTA whilst unemployed with visa pending
Thank you so much guys! Really appreciate all of your help!
#19
Re: Visiting on ESTA whilst unemployed with visa pending
That is a very good suggestion, Dorothy. Unlike the poster I highlighted who was clearly denied because they felt she had intent to remain, as the US Embassy told her, and not based on the color of her skin as suggested by another forum member or because she was once a citizen of Pakistan by virtual of birth only, and thus the system closed down her esta, (highlighted on that poster's post #40), she has not had her esta denied and if she does, obtaining the denial in Dublin instead of the US would be kinder and easier to deal with.
"An ESTA can be revoked at any time after the authorization approval is granted. The U.S. Customs and Border Protection (CBP) reserves the right of admissibility for any ESTA applicant traveling under the Visa Waiver Program. ESTA performs multiple and continuous checks on applicant eligibility. Such checks occur on various law enforcement, immigration, and other databases. This ensures CBP’s data is always accurate and current to address evolving security threats around the world."
So, since I applied for my ESTA in July 2018, and then we filed our I-130 in August 2018, they could've cross-checked me and I turned up with an active petition on the immigration database. Who really knows, but to OP: The first response you got is the most appropriate one - you won't know until you're at POE (Or the check-in counter in my case).
Good luck!
#20
Re: Visiting on ESTA whilst unemployed with visa pending
Clarification: I didn't say you were born there just that by virtual of birth you were a Pakistan citizen which is the same as I became a US Citizen at birth in Germany because I had a US Citizen father. If the parent can pass on citizenship to a child, the child becomes a citizen of that country.
#21
Re: Visiting on ESTA whilst unemployed with visa pending
Clarification: I didn't say you were born there just that by virtual of birth you were a Pakistan citizen which is the same as I became a US Citizen at birth in Germany because I had a US Citizen father. If the parent can pass on citizenship to a child, the child becomes a citizen of that country.
#22
Forum Regular
Joined: Mar 2016
Posts: 119
Re: Visiting on ESTA whilst unemployed with visa pending
Clarification: I didn't say you were born there just that by virtual of birth you were a Pakistan citizen which is the same as I became a US Citizen at birth in Germany because I had a US Citizen father. If the parent can pass on citizenship to a child, the child becomes a citizen of that country.
One of my friends gave up his German citizenship when he became a USC as Germany do not allow duel-citizenship (according to him).
What was your situation given your circumstances...were you a USC, GC, or both?
#23
Forum Regular
Joined: Jan 2018
Posts: 47
Re: Visiting on ESTA whilst unemployed with visa pending
Just for clarification, it was the B1-visa that was denied for immigration intent (not that surprising considering she has applied for a immigration visa). Why the ESTA was denied she did not know.
#24
Account Closed
Joined: Mar 2004
Posts: 2
Re: Visiting on ESTA whilst unemployed with visa pending
Difficult for someone who otherwise qualifies for the VWP to get a B, more difficult for someone in the process of immigrating to get a B. I have seen it happen a few times but certainly not normal.
#25
Re: Visiting on ESTA whilst unemployed with visa pending
Both. I was born in 1948 and parents weren't married so I was born a German citizen only. Mom was German born and raised and Dad was US born and raised. He was in the US Army during WWII and a MP at the time of meeting my mother. When dad who was in the service got his orders to go stateside the army then allowed him to marry my mother. You were not allowed to marry until you had your stateside orders at that time. Once they married I became a USC. I didn't have to renounce my German citizenship and only recently discovered that I am a citizen of both countries.
#26
Forum Regular
Joined: Mar 2016
Posts: 119
Re: Visiting on ESTA whilst unemployed with visa pending
Both. I was born in 1948 and parents weren't married so I was born a German citizen only. Mom was German born and raised and Dad was US born and raised. He was in the US Army during WWII and a MP at the time of meeting my mother. When dad who was in the service got his orders to go stateside the army then allowed him to marry my mother. You were not allowed to marry until you had your stateside orders at that time. Once they married I became a USC. I didn't have to renounce my German citizenship and only recently discovered that I am a citizen of both countries.
So is it a situation then where you can have duel citizenship because you qualify at birth, but if someone goes for citizenship of another country later in life, Germany makes them give up your German one?
#27
Re: Visiting on ESTA whilst unemployed with visa pending
Maybe the German citizenship question can be taken to another forum or offline, since it's off-topic from the original post?
Rene
Rene