B2 visa cancelled without prejudice. Can I still apply for ESTA?
Hi there,
Hello! I applied for a b2 visa for my daughter and it was denied. Under section 214(b). At the same time I received a CWOP of my b2 visa. 'cancelled without prejudice.' I would like to know - if I apply for an ESTA - does this constitute a 'visa denial'? When I originally applied for the my b2 visa it was accepted. So I am unsure as to whether this is a visa denial or not? Many thanks! |
Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?
try asking in the immigration section of the forum - you'll get the attention of people who know about such things.
US Immigration, Citizenship and Visas - British Expats |
Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?
Originally Posted by Indigo1
(Post 12270015)
I would like to know - if I apply for an ESTA - does this constitute a 'visa denial'?
I am unsure as to whether this is a visa denial or not? Ian |
Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?
This article seems to have some good advice... I'm no expert at all (Ian is!!) but this might give you some hope.
214(b) Visa Denial: How to Avoid It and Can You Overcome It? - VisaPro Immigration Articles |
Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?
Originally Posted by petitefrancaise
(Post 12270033)
try asking in the immigration section of the forum - you'll get the attention of people who know about such things.
US Immigration, Citizenship and Visas - British Expats Rene Moderator |
Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?
Originally Posted by Indigo1
(Post 12270015)
Hi there,
Hello! I applied for a b2 visa for my daughter and it was denied. Under section 214(b). At the same time I received a CWOP of my b2 visa. 'cancelled without prejudice.' I would like to know - if I apply for an ESTA - does this constitute a 'visa denial'? When I originally applied for the my b2 visa it was accepted. So I am unsure as to whether this is a visa denial or not? Many thanks! Was your visa already expired when it was marked as CWOP or did it have time left on it? There are some important missing details.... If your visa had time left on it and was physically cancelled, it may have been a revocation and not a cancellation. |
Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?
It had time left.
|
Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?
Thanks for your reply. Really appreciate your help.
What other details do you need? I had a 10 year visitor visa which I visited USA on. To travel & see family. I met my, now husband, in Seattle & we have spent time in each country. We had a baby together last year, born in UK. She has dual citizenship, which we got at the London Embassy. We went out to Seattle last June, all 3 of us. On my visitor visa. Whilst there we spoke with an immigration lawyer who said it was possible for me to adjust status. We began that process. The difficulty began, I believe when my older daughter came out. Her dad brought her over on an ESTA and they were questioned on their way through. Border and customs said she couldn't come through on an ESTA again. (I now understand that she was probably flagged at this point as an intending immigrant rather than a visitor) So I flew back to the UK in Dec with the intention of getting her a multiple trip visa. The same as mine from the Embassy. This was denied and mine was CWOP. I realise, with hindsight, we were applying for a non immigrant visa, when we ought to have been applying for an immigrant visa. My husband is living here now in UK & has to fly back. I am wondering if I can apply for an ESTA? Once I am over there I believe it may still be possible to apply for adjustment of status - as I am an immediate relative. (Although that cannot be my intention) Hope this makes sense. Apologies for the complexity & many thanks. |
Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?
Oh dear, what a mess ...
The only good news that I can see here is that, so far, you don't appear to have done anything that will seriously damage your chances of getting an immigrant visa. Forget about ESTA, forget about another B2 visa, forget about visiting the U.S. in the immediate future and get started on your immigrant visa application. If I were you I would at least have a one time consultation with an immigration attorney to make sure that there are no other issues regarding your case which might cause problems. Assuming that the immigration attorney doesn't feel that there are any such issues you and your husband should be able to do all of the necessary paperwork for an immigrant visa on your own. |
Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?
Originally Posted by Indigo1
(Post 12270381)
She has dual citizenship, which we got at the London Embassy.
Whilst there we spoke with an immigration lawyer who said it was possible for me to adjust status. We began that process. Once I am over there I believe it may still be possible to apply for adjustment of status... You need an immigrant visa now... and it's going to take 6-8 months to get one. In future, I suggest you not try to shortcut your way through US immigration. Ian |
Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?
Originally Posted by Indigo1
(Post 12270381)
.... I am wondering if I can apply for an ESTA? ....
Originally Posted by ian-mstm
(Post 12270488)
.... You need an immigrant visa now... and it's going to take 6-8 months to get one. ....
|
Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?
Originally Posted by ian-mstm
(Post 12270488)
To clarify, she was born with dual citizenship. You may have registered her birth in London, but that has nothing to do with citizenship.
Did you get Advance Parole before you left the US? It's entirely likely that you now have no viable way back to the US without an immigrant visa. It is illegal to enter the US as a visitor with the intent to stay and adjust status. Full stop. End of story! You need an immigrant visa now... and it's going to take 6-8 months to get one. In future, I suggest you not try to shortcut your way through US immigration. Ian |
Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?
Originally Posted by Indigo1
(Post 12270381)
Whilst there we spoke with an immigration lawyer who said it was possible for me to adjust status. We began that process.
Originally Posted by Indigo1
(Post 12270381)
Once I am over there I believe it may still be possible to apply for adjustment of status - as I am an immediate relative. (Although that cannot be my intention)
It clearly is your intention. It seems that the US government has not documented that intention. Your visa was revoked and physically cancelled since your circumstances have changed since it was issued. Attempting to get back in as a visitor to adjust could end up barring you for between 5 years and forever. Just get the immigrant visa, and get on with your life. |
Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?
Originally Posted by boltonreddave
(Post 12270501)
Apart from an L1 of course, which is a dual intent visa
Ian |
Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?
Originally Posted by ian-mstm
(Post 12270557)
Most people don't understand the concept of "dual intent". Almost all visas are dual intent. Why? Quite simply, just because a visa isn't specifically noted as dual intent, it doesn't follow that dual intent is specifically prohibited.
Ian |
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