Scotty007

I would welcome some help regarding the situation I have found myself in.

Have had my petition for 01 visa approved.
I attended interview at US embassy in London where my application was refused under Section 221(g).
However I am still hopeful for a positive outcome as I have been asked to submit my passport along with basic documentation.

I have been told it will take up to 10 days to process my application.

My problem is that I am booked to fly to the USA with my parents to their vacation home for Christmas.

However the paperwork I have received says that I currently have a refusal on my 01 application. I do not have time to send in my passport for processing in time for going to florida for my vacation and I am planning to do that on my return.

I already have an approved ESTA granted prior to my refusal at the embassy. Am I ok to travel on that ESTA to Florida for Christmas with my parents.

Thanks

civilservant

http://london.usembassy.gov/niv/vwp3.html

2 minutes of research.

Scotty007

Thank you for that link, it was very useful.

However does that mean that I should apply for a new ESTA waiver? or am I ok to travel on my current one which was approved in September and is still valid.

Thanks

Bob

The previous ESTA is void because of the visa denial, it changes what your answers would have been....so what do you think?

New ESTA will likely be denied because of a recent denial.

Don't count on the holiday, until you get your O1 visa situation sorted.

ian-mstm

There are only two possible outcomes from a visa application - approval or denial. Anything that isn't an approval is a denial. While you may be able to salvage your O-1 visa application, it is currently denied. As a result of that denial, you must now reapply for ESTA and declare the visa denial. It is unlikely that ESTA will be approved.


If you travel on your current ESTA and get caught, you face a possible lifetime ban from the US. So... what's your risk tolerance for failure?

Ian

Bob

Well you can withdraw your application, before a decision is made...but would that also be considered a denial?

crg

Yep.

9 FAM 41.103 N13.6 Applicants Refused if Application Withdrawn (CT:VISA-1887; 09-17-2012) If an applicant withdraws a visa application while it is pending adjudication, you should not delete the case, but rather refuse it under INA 221(g) with case notes indicating why you took the action.

Bob

Well that seems a bit harsh

edgewater

If Scotty were to apply for an ESTA while his O1 is in 221g, I understand it would not immediately be approved, but would it be approved, say 72 hours or so later if the 221g was for further docs (e.g. passport, photos etc.) to be provided?

Scotty007

Hey, thanks for your replies. Im not going to the risk of flying to the US for the holidays. Ive decided to go ahead and just complete my O applocation process.

Question though... I have been told to sign in at aid.usvisa-info.com and print off an courier-in authorization certificate. I have signed in to my account but can't find this certificate anywhere. Am I overlooking something??

Thanks