Jump to content
Sign in to follow this  
Zeriox

Can I still apply for ESTA after abandoning AoS Application?

56 posts in this topic

Recommended Posts

A year ago I came to the US on ESTA to visit my girlfriend. She asked me to marry her on her birthday and we filed for Adjustment Of Status. We paid all the fees and waited a few months. We did all that before my 90 days were over. So I did NOT overstay. Then things got a little complicated. She had to move out of her apartment and I got sick (stomach problems) but I wasn't able to see a doctor because I had no insurance. That was because I didn't have my SSN yet. I received my interview letter 1-2 weeks later. Then a family member died and unfortunately I had to return to my home country. I just bought a ticket and left. I called the USCIS from my home country and canceled the interview. That's all I did. It wasn't easy but I had no other choice.

 

I still have my case tracking number and it says "Case denied". But actually I abandoned it and canceled the interview.

 

Am I now banned from going back on ESTA? There's no way I would be able to get a B2 Visa. I have a disability and I don't have a job plus I live with my parents at the moment. So I don't have any binding ties. And I'm married to a US citizen. There's no way anyone would give me a B2 visa.

 

I'm scared that I might not be able to go back to the US ever again. I never overstayed and I did things the right way.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline
8 minutes ago, Zeriox said:

A year ago I came to the US on ESTA to visit my girlfriend. She asked me to marry her on her birthday and we filed for Adjustment Of Status. We paid all the fees and waited a few months. We did all that before my 90 days were over. So I did NOT overstay. Then things got a little complicated. She had to move out of her apartment and I got sick (stomach problems) but I wasn't able to see a doctor because I had no insurance. That was because I didn't have my SSN yet. I received my interview letter 1-2 weeks later. Then a family member died and unfortunately I had to return to my home country. I just bought a ticket and left. I called the USCIS from my home country and canceled the interview. That's all I did. It wasn't easy but I had no other choice.

 

I still have my case tracking number and it says "Case denied". But actually I abandoned it and canceled the interview.

 

Am I now banned from going back on ESTA? There's no way I would be able to get a B2 Visa. I have a disability and I don't have a job plus I live with my parents at the moment. So I don't have any binding ties. And I'm married to a US citizen. There's no way anyone would give me a B2 visa.

 

I'm scared that I might not be able to go back to the US ever again. I never overstayed and I did things the right way.

You can have your wife petition for you as the beneficiary of a USC. File the I-130 and go the CR1 route.


AOS

Filled : 2007-09-17

NOA : 2007-09-25

Biometrics : 2007-12-13

EAD card prod : 2007-12-13

Job Offer : 2007-12-18

EAD card prod : 2007-12-18

EAD approved mailed : 2007-12-21

EAD in Hand : 2007-12-24 (Awesome Christmas Present)

Applied for SSN : 2007-12-26

SSN arrives in mail : 2008-01-05 (Happy New Year)

Start work :2008-01-15

Share this post


Link to post
Share on other sites

That's not what I mean. I'm just asking if I can ever visit the US on ESTA again to go on vacation. Right now we're not able to file again. We don't have enough money and she lost her job so we don't have a sponsor. But I need to know if I can go back on ESTA to visit her for 2 weeks or just go on vacation.

Share this post


Link to post
Share on other sites
43 minutes ago, Zeriox said:

Am I now banned from going back on ESTA? There's no way I would be able to get a B2 Visa. I have a disability and I don't have a job

From a practical standpoint you will not qualify for ESTA without a job.

 

Your wife needs to petition you with a I-130.  It would be about a year to get a job and /or find a sponsor.

 

27 minutes ago, Zeriox said:

I'm just asking if I can ever visit the US on ESTA again to go on vacation.

You can meet somewhere else.

 

47 minutes ago, Zeriox said:

I wasn't able to see a doctor because I had no insurance. That was because I didn't have my SSN yet.

This isn't even close to true.  Your wife could have added you to her policy or you could have gotten a policy on the exchange.   SSN is not required.

 

 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

Share this post


Link to post
Share on other sites

You're saying I don't qualify for ESTA because I don't have a job? That's not true because I visited the US many times in the past when I didn't have a job. I saved up some money and that was all I needed to visit the US.

 

Our case was a little complicated. It would take too long to explain the whole story. All I'm asking is if I can visit my wife for maybe 2 weeks on ESTA. Or can I never go back on ESTA again because I abandoned our case?

That's all want to know.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to Tourist Visas, from AOS from W,S & T Visas - as the OP is asking about visiting after abandoning AOS.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: New Zealand
Timeline
3 hours ago, Zeriox said:

You're saying I don't qualify for ESTA because I don't have a job? That's not true because I visited the US many times in the past when I didn't have a job. I saved up some money and that was all I needed to visit the US.

 

Our case was a little complicated. It would take too long to explain the whole story. All I'm asking is if I can visit my wife for maybe 2 weeks on ESTA. Or can I never go back on ESTA again because I abandoned our case?

That's all want to know.

Why not just apply for the ESTA and find out?  Isn't it only like $10?

Share this post


Link to post
Share on other sites

My ESTA is still valid. I just checked it and it says it expires in December. But that doesn't mean they'll let me in.

And when you apply for ESTA they ask you a few questions and one of the questions is "have you ever been denied a visa". And I'm not sure if that's a yes or no for me. It says my case has been denied, but actually I'm the one who canceled and abandoned it. So it should be a no.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: New Zealand
Timeline
Just now, Zeriox said:

My ESTA is still valid. I just checked it and it says it expires in December. But that doesn't mean they'll let me in.

And when you apply for ESTA they ask you a few questions and one of the questions is "have you ever been denied a visa". And I'm not sure if that's a yes or no for me. It says my case has been denied, but actually I'm the one who canceled and abandoned it. So it should be a no.

So since there is no way to know for sure, you would have to show up at a US port of entry and request permission to be admitted.  Always discretionary by CBP, for any ESTA or visa traveller

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Russia
Timeline
6 hours ago, Zeriox said:

My ESTA is still valid. I just checked it and it says it expires in December. But that doesn't mean they'll let me in.

And when you apply for ESTA they ask you a few questions and one of the questions is "have you ever been denied a visa". And I'm not sure if that's a yes or no for me. It says my case has been denied, but actually I'm the one who canceled and abandoned it. So it should be a no.

I agree with @Jorgedig, no one can tell you if this will be an issue at the POE.  Btw, withdrawing or abandoning AOS is not the same as being denied a visa as far as I know.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Share this post


Link to post
Share on other sites

History of using ESTA to apply for AOS.  Few ties to your country citizenship.  Strong ties to the USA (an American wife).
 

If you try it and aren’t far from Pre-clearance  in Ireland or Abu Dhabi, give it a try. Otherwise it is a low percentage net.   

Share this post


Link to post
Share on other sites
7 hours ago, Zeriox said:

My ESTA is still valid. I just checked it and it says it expires in December.

https://www.cbp.gov/travel/international-visitors/frequently-asked-questions-about-visa-waiver-program-vwp-and-electronic-system-travel

Quote

Does a traveler ever need to reapply for travel authorization through ESTA?

Yes, a new travel authorization via ESTA is required when: (1) the traveler is issued a new passport; (2) the traveler changes his or her name; (3) the traveler changes his or her gender; (4) the traveler’s country of citizenship changes; or (5) the circumstances underlying the traveler’s previous responses to any of the ESTA application questions requiring a “yes” or “no” response have changed.

Questions on the ESTA application:

Quote
  1. Do you have a physical or mental disorder; or are you a drug abuser or addict; or do you currently have any of the following diseases (communicable diseases are specified pursuant to section 361(b) of the Public Health Service Act): Cholera, Diphtheria, Tuberculosis infectious, Plague, Smallpox, Yellow Fever, Viral Hemorrhagic Fevers, including Ebola, Lassa, Marburg, Crimean-Congo, Severe acute respiratory illnesses capable of transmission to other persons and likely to cause mortality?
  2. Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
  3. Have you ever violated any law related to possessing, using, or distributing illegal drugs?
  4. Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage, or genocide?
  5. Have you ever committed fraud or misrepresented yourself or others to obtain, or assist others to obtain, a visa or entry into the United States?
  6. Are you currently seeking employment in the United States or were you previously employed in the United States without prior permission from the U.S. government?
  7. Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?
  8. Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?
  9. Have you traveled to, or been present in Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen on or after March 1, 2011?

The item in bold has changed. While you did not accrue unlawful presence via a properly and timely filed I-485, you did stay longer than your admission period.

Edited by geowrian

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

 

Share this post


Link to post
Share on other sites

I agree it’s not technically a visa denial.

however not only have you previously declared immigrant intent, you previously used an ESTA to stay and file for adjustment. I’d think the chances of refusal on entry are pretty high.

Edited by SusieQQQ

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

I have always found ESTA less than clear on this issue, from a practical point of view and assuming your ESTA is still valid, have you checked?, the discussion in secondary may not be pleasant, How long did you intend to visit?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- 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...