Travel to USA while I-130 pending

[jaycali 415]

hi and thank you for your reply.i got approved for ESTA in 2010... 2 years later i applied again since its just valid 2 years.so i applied a few days ago for ESTA and got denied!my I-130 was already approved so i dont really understand what the ESTA application has to do with my immigrant visa or with my I-130.please explain it to me so ill know what you mean.i will not be able to immigrate to the USA anymore ? i hope thats not what you ment..thank you in advance ...

ESTA and immigrant visas have nothing to with one another. A refused ESTA simply means you need a visa to enter the US as a tourist. As long as you were always honest on your ESTA form, you will have no trouble getting an immigrant visa because of it. If you ever lied on ESTA, you may have a problem.

Unfortunately, it is extremely difficult to get a visa with an I-130 pending. Nearly all of the success stories I've seen of people visiting the US with an immigrant petition pending are either Canadians, VWP travelers, or people already holding valid B-2 visas.

That being said, you can certainly try to apply for a B-2. Not trying is a 0% chance of approval.

Edited June 12, 2012 by jaejayC

[jimmy0022 0]

thank you

i did NOT lie on my ESTA.... 2001 i was denied a B2 visa...

2010 i got my austrian citizenship and applied for ESTA.... i DID answer YES to that question (did you ever got denied a visa ..... )

and that time 2010 i also got that green paper in my pasport... also answert YES ... at the POE in 2010 they asked me about it...

i said i got denied but i dont know why... i did not lie..

i went back and forth like 4 times since than with no problems...

my I-130 got approved and im just waitin for the VB to be current.

i just dont know why they approved my esta in 2010 but denied it now... i have work here and im not planing to stay there until

my visa will be current ...

does it make any sence to reapply for esta ??

thank you ...

[bsd058 296]

I called the US Customs and Border Patrol office where my wife and I will be travelling through to move her stuff (via UHaul) to Florida. They just told me to bring a recent paystub (showing that I'm still employed), bring a rental agreement (showing you are still a resident of your country), bring proof of a return flight back to your home country (mine is to Edmonton because I'm not driving back from FL), and show proof that you've submitted the I-130 (like a photocopy of the forms you sent in or an I-797: Notice of Action). All of this stuff is just evidence to assist you in convincing CBP that you will return to your nation of origin and not violate any conditions of your visit to the US.