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Visiting on ESTA whilst unemployed with visa pending

Visiting on ESTA whilst unemployed with visa pending

Old Nov 26th 2018, 4:57 pm
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Default Re: Visiting on ESTA whilst unemployed with visa pending

There is never any guarantee but you case does not look that bad.
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Old Nov 26th 2018, 10:17 pm
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Default 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!
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Old Nov 27th 2018, 3:52 pm
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Default Re: Visiting on ESTA whilst unemployed with visa pending

Thank you so much guys! Really appreciate all of your help!
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Old Nov 27th 2018, 10:30 pm
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Default Re: Visiting on ESTA whilst unemployed with visa pending

Originally Posted by Boiler
Immigrant intent is assessed at the PoE. She was not told why her ESTA was declined.
Originally Posted by Rete
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.
Hi, Thanks Rete for the clarification, but just one correction since my case was brought up. I was not born in Pakistan, my mum was and hence my passport at birth. But doubt that had anything to do with it since I've travelled to the US without hindrance before (before I even cancelled the P citizenship). I've also since come across this, which makes a lot of sense (from website: https://www.official-esta.com/esta-r...then-denied/):

"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!
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Old Nov 27th 2018, 10:35 pm
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Default 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.
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Old Nov 27th 2018, 10:37 pm
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Default Re: Visiting on ESTA whilst unemployed with visa pending

Originally Posted by Rete
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.
Ah, my bad I misunderstood. Yes, you are correct in that case!
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Old Nov 28th 2018, 4:00 am
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Default Re: Visiting on ESTA whilst unemployed with visa pending

Originally Posted by Rete
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.
Sidebar, just out of interest.
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?
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Old Nov 28th 2018, 1:13 pm
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Default Re: Visiting on ESTA whilst unemployed with visa pending

Originally Posted by Rete
Unlike the poster I highlighted who was clearly denied because they felt she had intent to remain,
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.
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Old Nov 28th 2018, 1:45 pm
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Default Re: Visiting on ESTA whilst unemployed with visa pending

Originally Posted by Jasskatten
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.
B2.

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.
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Old Nov 28th 2018, 3:25 pm
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Default Re: Visiting on ESTA whilst unemployed with visa pending

Originally Posted by Aquapanther
Sidebar, just out of interest.
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?
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.
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Old Nov 28th 2018, 6:34 pm
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Default Re: Visiting on ESTA whilst unemployed with visa pending

Originally Posted by Rete
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.
Thanks, very interesting.
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?
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Old Nov 28th 2018, 7:16 pm
  #27  
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Default 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?

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Old Nov 28th 2018, 7:23 pm
  #28  
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Default Re: Visiting on ESTA whilst unemployed with visa pending

Originally Posted by Noorah101
Maybe the German citizenship question can be taken to another forum or offline, since it's off-topic from the original post?

Rene
No need. I was just interested in the situation.
I’ll look the answer up myself.
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