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B2 visa cancelled without prejudice. Can I still apply for ESTA?

B2 visa cancelled without prejudice. Can I still apply for ESTA?

Old Jun 10th 2017, 1:57 pm
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Default 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!
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Old Jun 10th 2017, 2:41 pm
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Default 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
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Old Jun 10th 2017, 2:42 pm
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Default Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?

Originally Posted by Indigo1 View Post
I would like to know - if I apply for an ESTA - does this constitute a 'visa denial'?
Yes.


I am unsure as to whether this is a visa denial or not?
It is. There are only two possible outcomes from a visa application: approval or denial. Anything that isn't an approval, is a denial. Since the visa wasn't approved, it's classed as a denial.

Ian
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Old Jun 10th 2017, 2:47 pm
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Default 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
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Old Jun 10th 2017, 2:50 pm
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Default Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?

Originally Posted by petitefrancaise View Post
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
Thread has been moved to appropriate forum.

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Old Jun 10th 2017, 6:59 pm
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Default Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?

Originally Posted by Indigo1 View Post
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.
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Old Jun 11th 2017, 10:03 am
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Default Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?

It had time left.
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Old Jun 11th 2017, 10:28 am
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Default 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.
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Old Jun 11th 2017, 11:02 am
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Default 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.
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Old Jun 11th 2017, 1:27 pm
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Default Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?

Originally Posted by Indigo1 View Post
She has dual citizenship, which we got at the London Embassy.
To clarify, she was born with dual citizenship. You may have registered her birth in London, but that has nothing to do with citizenship.


Whilst there we spoke with an immigration lawyer who said it was possible for me to adjust status. We began that process.
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.


Once I am over there I believe it may still be possible to apply for adjustment of status...
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.

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Old Jun 11th 2017, 1:38 pm
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Default Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?

Originally Posted by Indigo1 View Post
.... I am wondering if I can apply for an ESTA? ....
Sure, anyone who is VWP eligible can apply for an ESTA , ..... but under your circumstances there isn't a hope in hëll you'll be approved! Hypothetically speaking, if you were approved you would have to lie to the immigration officer when you arrived, to be allowed into the US, and needless to say, this is a "bad idea".
Originally Posted by ian-mstm View Post
.... You need an immigrant visa now... and it's going to take 6-8 months to get one. ....
It's only 6-8 months if her husband is truly living in the UK i.e. is either a British citizen or has a visa which allows him to live in the UK. .... Otherwise you can add a couple of months to the timescale i.e. 8-10 months.

Last edited by Pulaski; Jun 11th 2017 at 1:46 pm.
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Old Jun 11th 2017, 1:45 pm
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Default Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?

Originally Posted by ian-mstm View Post
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
Apart from an L1 of course, which is a dual intent visa
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Old Jun 11th 2017, 2:16 pm
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Default Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?

Originally Posted by Indigo1 View Post
Whilst there we spoke with an immigration lawyer who said it was possible for me to adjust status. We began that process.
Thanks for the clarification. What do you mean by "began that process"? Did that process involve shoveling paperwork and money to the lawyer who was still "working" on it, but nothing was filed? Did the application ever make it to the government? Did you stay in the US beyond the expiration of your I-94 last time? If so, how long?

Originally Posted by Indigo1 View Post
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)
Did you wink while writing this?

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.
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Old Jun 11th 2017, 2:56 pm
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Default Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?

Originally Posted by boltonreddave View Post
Apart from an L1 of course, which is a dual intent visa
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.

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Old Jun 11th 2017, 3:27 pm
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Default Re: B2 visa cancelled without prejudice. Can I still apply for ESTA?

Originally Posted by ian-mstm View Post
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
Are you referring to eventual intent, or intending to immigrate/adjust on that entry? I can't agree that "almost all visas are dual intent" if you're saying that they allow entering with the intention of adjusting status on that entry. B, C, D, E, F, H2, H3, I, J, M, O, P, Q, R, TN, WT, WB are clearly not allowed to enter with the intention of immigrating/adjusting status.
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