applicanteea2

Hi Everyone.

I would like to visit the US for a week, I hold British nationality and am contemplating on using the ESTA. But here is my dilemma...

In 2002 I obtained a student visa valid until 2007 ( at that point in time I was not a British Citizen) within a year on my F1.. I happened to drop below full time and thus violated the status of my F1 Students visa. I applied for reinstatement with the Immigrations and was granted one straightaway, but continuing my course was difficult, due to poor grades, the university asked me to leave the country voluntarily and either re-apply for a Student visa or a prospective students visitors visa... I left the US following the discussion, there was no notice or any sort of formal communication from the Immigration or University, nor was there any visa cancellation involved.

I left the US in 2004 and decided not to apply or study in the US further. It was too stressful.

I am now a British National ( acquired on 07/02/2013 ) and would like to visit the US for a week. How do I evaluate my situation.

Do I apply for an ESTA - await the outcome and take it from there ?
Or
Do I apply for a B2 visa directly ?

Please help me here

Regards,
Dennis

Noorah101

First apply for ESTA and answer all the questions honestly.

Rene

lansbury

If you have had a U.S. visa before or previously traveled to the United States under VWP or another status, you must have complied with the conditions of previous admissions to the United States. It seems from your post you failed to comply with the conditions of a previous visa which would mean you cannot now use the VWP.

md95065

While that certainly might be the case, it isn't at all clear from the OP's post that it definitely is the case.

crg

I do not agree. Although previous violations of status following a VWP admission make one ineligible for VWP again, there is nothing in the law that says a previous visa status violation does that. Of course an ineligibility related to a prior overstay after entry on a visa could prevent VWP usage per 212(a)(9)(B) of 222(g). A VWP overtstay certainly would.

lansbury

I said it seems the case, not that it was the case. It seems to be the case because the OP says they violated the terms of his visa. Hopefully they know if they did or didn't.

lansbury

The first sentence of my post, which you didn't quote, was a cut and paste from the VWP guidelines. So I would suggest that as it says "previous visa" and you must have complied with the conditions of said visa that is what it means.

crg

I quoted the whole thing and guidelines are not the same as laws or regulations.

lansbury

What I posted came from travel.state.gov stating who couldn't use the VWP. As there is no right of appeal against the decison made at POE, bit pointless telling yourself it wasn't what the laws or regulations said so I ignored the posted advice as you are flying back home.

crg

DOS has little say in the DHS program that is VWP. If you believe DOS, an arrest for littering makes you ineligible for VWP. DOS guidance is often dismissed on this forum for that very reason. I agree that there is little appeal of a refusal but that doesn't mean that the law is not the law.

applicanteea2

So what do you suggest, do I apply for ESTA and find out or do I go through the Visa process.

In applying for ESTA... do I have the option of explaining or making additional comments in a designated section or is there a previous status violations related question to answer?

I am not the kind to lie or make false representations ( even during my reinstatement I explained my circumstances really clearly, and was granted reinstatement) Unfortunately I was not in a position to bring up my GPA within a semester! and had to leave due to academic failure.

Would the consulate in London guide me in this regard?

civilservant

No, it's essentially a tick box form - designed to weed out the slightly complicated situations that require more investigation.

Not really. While you can ask them, you're likely to receive the standard 'get a B2' advice. You also need to be aware that they are allowed to provide incorrect information to you with absolutely no right of redress on your part.

crg

Falling out of status, leaving, and coming back on the VWP 3 years later isn't likely to cause concern. Coming back 3 weeks later could be more problematic. I don't see anything that would make someone ineligible for VWP. As has been pointed out, the threshold for being denied VWP entry can be quite low so it all comes down to what you are comfortable with. There are so many variables that the question doesn't lend itself to precise answers.

applicanteea2

Hi Guys,

I was granted an ESTA today... but by travelling.. am i risking a bad kind of grilling at secondary inspection in the US ?

Noorah101

Your approved ESTA allows you to board a plane and ask for entry to the USA. The POE officer has the final word on whether you get in or not. There is no way to predict whether you'll go to secondary or not, or whether you'll be allowed in or not.

Rene