Jump to content
Mr. Anderson

Can I get ESTA visa back after 6 years

 Share

34 posts in this topic

Recommended Posts

Filed: K-1 Visa Country:
Timeline
2 minutes ago, Mr. Anderson said:

In my passport? See I didn’t know that.

What do you think they stamp on your passport when you are cleared?!?!?! How have you never bothered to look what it says!?!?!

Edited by TNJ17
Link to comment
Share on other sites

Filed: Citizen (pnd) Country: Morocco
Timeline

and to add,  you should plan to actually leave a few days before as we experience airport delays and flights cancelled even in summer due to weather

Link to comment
Share on other sites

6 minutes ago, Mr. Anderson said:

In my passport? See I didn’t know that.

Seriously? You never looked at the stamp they gave you? You just thought you could enter and stay as long as you like and do what you want?! Come on... some common sense please

 

incidentally when you applied for the ESTA it gives you the requirements and limitations. There’s no excuse for ignorance, you are clearly able to read, and by applying for ESTA you confirmed that you had in fact read them.

Edited by SusieQQQ
Link to comment
Share on other sites

Plus the return or onward ticket...having one with an exit within 90 days is a requirement for VWP travelers.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Link to comment
Share on other sites

6 minutes ago, SusieQQQ said:

Seriously? You never looked at the stamp they gave you? You just thought you could enter and stay as long as you like and do what you want?! Come on... some common sense please

 

incidentally when you applied for the ESTA it gives you the requirements and limitations. There’s no excuse for ignorance, you are clearly able to read, and by applying for ESTA you confirmed that you had in fact read them.

That’s right. I never looked at the stamps. I messed up big. There are other places to visit then. My hopes are far from gone now. Thanks everyone. 

Link to comment
Share on other sites

Filed: K-1 Visa Country:
Timeline
13 minutes ago, SusieQQQ said:

Seriously? You never looked at the stamp they gave you? You just thought you could enter and stay as long as you like and do what you want?! Come on... some common sense please

 

incidentally when you applied for the ESTA it gives you the requirements and limitations. There’s no excuse for ignorance, you are clearly able to read, and by applying for ESTA you confirmed that you had in fact read them.

Yeah I don’t buy the ignorance excuse. 

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

With no offense intended to the OP, it is amazing how many people make "mistakes" regarding this situation, or even let's say LPR's who don't know they can't vote or the ones who need to sign up for the selective service... then later they ask "how should  I have known?"... it's your responsibility to know. Generally documentation of some form is given and explains all these things, plus as was mentioned, in your passport when they stamp you it has a "Leave by" date in it showing how long they authorized your stay.

These types of "mistakes" or "did not know that" things are way too common unfortunately; but what's done is done and just have to deal with it now.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

Link to comment
Share on other sites

Did you have a return ticket back then?  When was it for? 

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Link to comment
Share on other sites

1 hour ago, Ben&Zian said:

With no offense intended to the OP, it is amazing how many people make "mistakes" regarding this situation, or even let's say LPR's who don't know they can't vote or the ones who need to sign up for the selective service... then later they ask "how should  I have known?"... it's your responsibility to know. Generally documentation of some form is given and explains all these things, plus as was mentioned, in your passport when they stamp you it has a "Leave by" date in it showing how long they authorized your stay.

These types of "mistakes" or "did not know that" things are way too common unfortunately; but what's done is done and just have to deal with it now.

No offense taken. Not knowing a certain law doesn’t make you innocent of it. Everyone make mistakes some bigger than others is just about facing the consequences and that’s it. Learn the lesson and move on. I was 23 years old at the time. Didn’t stop to much to think about the future. Life changes and so do priorities. 

Link to comment
Share on other sites

58 minutes ago, Mr. Anderson said:

No offense taken. Not knowing a certain law doesn’t make you innocent of it. Everyone make mistakes some bigger than others is just about facing the consequences and that’s it. Learn the lesson and move on. I was 23 years old at the time. Didn’t stop to much to think about the future. Life changes and so do priorities. 

When you apply for these things you sign a form, or check a box, to indicate you understand what you are applying for. It’s not like a Apple user agreement that’s a hundred pages long. The terms of the ESTA are very simple. You honestly have no one to blame but yourself, again, you actually applied for the ESTA, you must have read what you applied for? Ignorance just doesn’t wash as an excuse here. Nor does age. I was 21 when I applied for my first US visa and visited the country, it was my first overseas trip anywhere, I understood my visa conditions and realized that the stamp in my passport meant something.  Your last 2 sentences also indicate willfulness rather than ignorance, anyway, you’re lucky, as a Swede there are very many other places for you to visit and even work easily.

Link to comment
Share on other sites

7 hours ago, Mr. Anderson said:

Hi everyone. I had a problem at the American airport a few years ago. The thing is my first travel to the states dates back to the summer 2011 where I stayed 2 months and went back to Europe then in October that same year I travelled again but this time I overstayed for about 9 months (I didn’t know overstaying was such a big deal) Then in November 2012 when I tried to re-entry I got stopped at the CBP I honestly told the officer I planned to work (again I didn’t know I needed another visa than ESTA for doing that) Anyways they asked me what I wanted to do either wait until Monday (that was a Saturday night) and talk to the jury or go back to Sweden where I came from. It was my call so I decided to go back to my country. The stamped my passport with a “Refused in accordance with INA section 217. R39007” and below it says some law 212(a)(7)(A)(i)(i). That was on November 2012. I have never reapplied for a new ESTA visa. It’s been almost 6 years since that occurred. So my questions are:

1. Can I reapply for an ESTA visa now
2. In case I get the visa can I be stopped at CBP and sent back
3.Did I have a 10 year or 5 year ban for entry
 
My intentions for entry are visiting family though it sounds devious by now I’m aware of that. 
 
Thanks a lot in advance. Have a nice day. 

Seriously? You thought working was permitted on the visa waiver program? If that were the case, do you think they'd be any young people left in Europe? You clearly didn't read the terms and conditions that you agreed to. You didn't think overstay would be an issue? If that were the case, why would anyone go home? Do you think they stamp your passport with a date just for fun and because they have spare ink to use? 

 

I'd be interested how you answered the questions on the application when you came in 2012. Or were you using the same approval as before despite having recent,y overstayed? 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

7 hours ago, Mr. Anderson said:

Then in November 2012 when I tried to re-entry I got stopped at the CBP I honestly told the officer I planned to work

THIS ^^^^ is the reason why you got refused and your ESTA revoked. You know that ESTA is a travel authorization in the absence of a visa; hence the Visa Waiver Program. 

Based on wikipedia: Visitors may stay for 90 days in the United States

 

So, I don't know where you Googled and found "9 months" as the max stay time and you cannot work on an ESTA alone.

 

7 hours ago, Mr. Anderson said:

212(a)(7)(A)(i)(i)

^^^This is the revocation law under which you were deemed inadmissible to the USA. Here is the excerpt: 

(7) Documentation requirements.-

(A) Immigrants.-

(i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-

(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General 

IR-1/CR-1
Spoiler

GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS APPROVED: 15-JUN-2016

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
CONDITIONAL GREEN CARDS RECEIVED: 23-SEP-2016
 
I-751 FILER   
Spoiler
FILED REMOVAL OF CONDITIONS: 25-JUN-2018
FILE SENT TO NEBRASKA SERVICE CENTER 11-MAY-2019
10-YR GREEN CARDS APPROVED 17-JUN-2019 
10-YR GREEN CARDS RECEIVED 21-JUN-2019 :dance: 

N-400 FILER
Spoiler
FILED CITIZENSHIP ONLINE; RECEIVED NOA1: 8-DEC-2019
BIOMETRICS WALK-IN: 18-DEC-2019
INTERVIEW SCHEDULED: 26-OCT-2020
APPROVED/SAME DAY OATH CEREMONY: 26-OCT-2020
 
US PASSPORT
APPLICATION APPOINTMENT AT USPS (ROUTINE): 16-SEP-2021
PASSPORT APPROVED: 30-SEP-2021
PASSPORT RECEIVED: 5-OCT-2021
Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...