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bigtommy

When to apply for ESTA after j1 denial?

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Hi folks,

My girlfriend was recently denied a j1 visa for an internship.

The reason was 214b (which is extremely vague).

 

She is a citizen of Japan who would like to visit in the future.

When would be a good time to apply for ESTA?

I understand previous visa denials can impact an ESTA application, so I assume its good to wait a bit before trying.

 

Thank you!

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1-2 years from now.


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Not anytime soon. Of course she can apply but it's unlikely to be approved ATM. Sounds like she can't show strong ties to Japan (job, property, etc.) and unless that changes, ESTA & non-immigrant visa applications won't succeed.


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Nothing vague about 214(b) and it's very common for non-immigrant applications to be denied for this reason - over 5 million a year - especially when there is a love interest or family member in the USA. 

 

She must declare this denial on the application for the ESTA. Some people have had success with approval after 6 months, others have been denied more than a year later. There's no standard answer. All she can do is try and see. The worst is that she is denied and loses $14. 


 

 

 

 

 

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She can apply at any time. But since she was recently denied the EStA will likely be denied also.

 

Although, it is technically possible to get an ESTA after a visa denial, it is very rare. And even then, many years had passed from the denial. So the “wait a bit” is likely a lot longer than you think.

 

It is probably easier for her to try for a visitor visa.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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Thank you all for your input, I appreciate it.

I think waiting a year is a solid idea.

 

Maybe its worth mentioning that she had a successful j1 visa last year (exchange student).

Does that affect the situation at all?

 

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14 minutes ago, bigtommy said:

Thank you all for your input, I appreciate it.

I think waiting a year is a solid idea.

 

Maybe its worth mentioning that she had a successful j1 visa last year (exchange student).

Does that affect the situation at all?

 

So she came back from the US not too long ago? Sounds like she wants to spend more time in the US than DoS thinks is appropriate for a non-immigrant. She’ll need to be able to show strong ties to japan to be approved for a B visit visa.

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Rule of thumb is 6 months, I have seen people get ESTA approved soon after a denial, nobody can tell her for sure.


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22 minutes ago, SusieQQQ said:

So she came back from the US not too long ago? Sounds like she wants to spend more time in the US than DoS thinks is appropriate for a non-immigrant. She’ll need to be able to show strong ties to japan to be approved for a B visit visa.

Yes. Study abroad was for 9 months. She applied for the intern j1 after 5 months back in Japan.

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In hindsight, waiting longer may have been a better idea, but it did not work with our schedules.

 

Oh well,

Thank you for the advice, everyone.

Edited by bigtommy
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Moved from Student & Exchange Visitors Visas forum to Tourist Visas forum.


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51 minutes ago, bigtommy said:

Yes. Study abroad was for 9 months. She applied for the intern j1 after 5 months back in Japan.

There’s your reason right there. Should spend longer out than in, unofficial rule of thumb is twice as long out of the US than in it.

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13 hours ago, bigtommy said:

In hindsight, waiting longer may have been a better idea, but it did not work with our schedules.

 

Oh well,

Thank you for the advice, everyone.

Your schedules can't involve her staying this much in the US on non-immigrant visas/statuses unless you are ready to marry. Then you can get a K1 for her & marry in the US or marry in Japan or a 3rd country and file for a spousal visa.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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