Can I still apply for ESTA after abandoning AoS Application?

[Zeriox 0]

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.

[Lance27 19]

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.

[Zeriox 0]

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.

[Cryssiekins 976]

12 minutes ago, Zeriox said:

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.

How are you going on vacation when you don’t have a job, or the money to file for a spousal visa?

 

*I’m* not asking for my own knowledge, but I imagine the border would like to know that.  It’s going to appear that you have immigrant intent (you do by definition) and will just wait it out in the US until y’all can afford the fees to AoS again. 

[Just Paul 4,591]

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.

 

 

[Zeriox 0]

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.

[Ontarkie 13,920]

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

[SalishSea 16,809]

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?

[Zeriox 0]

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.

[SalishSea 16,809]

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

[Dashinka 23,283]

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!

[Mike E 11,723]

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.   

[geowrian 22,336]

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 January 28, 2020 by geowrian

[SusieQQQ 11,584]

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 January 28, 2020 by SusieQQQ

[Boiler 43,564]

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?