visiting while i130 is pending?

[hakkikt 0]

has anyone ever visited the USA while waiting on an i130? my husband wants to visit this nov while waiting for approval, for our first wedding anniversary. i hear they can turn him away when he arrives. can anyone explain how this works? would it be in england or in the US? what happens if they deny? how would he get home when his return flight is 5 weeks later? would he be jailed for that time? would he be sent back on the next available flight and billed for it?

im worried about this because: he has no job in england, nor own any land. the only "proof" we have of him returning and not overstaying is the return ticket will already be purchased. i feel like this increases the odds of a denial, so i need more information before we decide. thanks!

[HRQX 4,145]

35 minutes ago, hakkikt said:

my husband wants to visit this nov

Assuming the Schengen Area proclamation is still in force at that time, some US Embassies share the following notice: "Please note you cannot travel using the Visa Waiver Program (ESTA) at this time. Individuals who meet one of the categorial exemptions under the Presidential Proclamation 9984 (i.e. spouse of U.S. citizen/LPR, parent of U.S. citizen/LPR child, etc.) need to apply for a B1/B2 visa in order to document that they meet the exemption." https://ch.usembassy.gov/covid-19-emergency-appointments/ Embassies can provide emergency B-1/B-2 appointments for those individuals.

That notice is based on CBP's overzealous revocation of ESTAs: https://www.visajourney.com/forums/topic/743425-spouse-us-entry/?do=findComment&comment=10192727 "it caused CBP to flag my ESTA and revoke it 10 hours before my flight!!"

42 minutes ago, hakkikt said:

would it be in england or in the US?

If he goes through CBP Preclerance in Dublin or Shannon, Ireland then the CBP officers there will decide. Otherwise, it'll be at the US Port-of-Entry.

[Crazy Cat 39,192]

1 minute ago, HRQX said:

Assuming the Schengen Area proclamation is still in force at that time, some US Embassies share the following notice: "Please note you cannot travel using the Visa Waiver Program (ESTA) at this time. Individuals who meet one of the categorial exemptions under the Presidential Proclamation 9984 (i.e. spouse of U.S. citizen/LPR, parent of U.S. citizen/LPR child, etc.) need to apply for a B1/B2 visa in order to document that they meet the exemption." https://ch.usembassy.gov/covid-19-emergency-appointments/ Embassies can provide emergency B-1/B-2 appointments for those individuals.

Thanks for sharing this.  Is that for the entire Schengen region?  I looked for that earlier today, but I could find it only on the US Embassy-Sweden site.  

[Boiler 43,397]

Might want to head over to our mega thread about visiting whilst in progress.

[HRQX 4,145]

20 minutes ago, Lucky Cat said:

but I could find it only on the US Embassy-Sweden site.  

Do you have a link from them? The link I shared is from US Embassy in Switzerland.

20 minutes ago, Lucky Cat said:

Is that for the entire Schengen region?

The proclamation didn't say anything about revocation of ESTA. Since ESTA system is part of CBP, they can revoke ESTAs at any time: "it caused CBP to flag my ESTA and revoke it 10 hours before my flight!!"

CBP doesn't know the potential exempt status of travelers when they revoke the ESTAs, since the revocation is done way before the traveler can appear at a POE.

Edited July 12, 2020 by HRQX

[HRQX 4,145]

6 hours ago, Lucky Cat said:

Is that for the entire Schengen region?

Also, there's a potential workaround that avoids ESTA revocation in the first place. Per the revocation experience shared above, one can conclude that the (wrongful) revocation was based on where the flight was coming from, not nationality.

Swiss(?) national successfully went from Istanbul to Chicago with ESTA:

Italian national successfully went from Cancun to Dallas with ESTA:

 

[Crazy Cat 39,192]

8 hours ago, HRQX said:

Do you have a link from them? The link I shared is from US Embassy in Switzerland.

My mistake.   It was Switzerland.  The poster was from Sweden.......Sorry.