Visiting US LPR Husband under ESTA Whilst I130 is Under Review

[ytw95 3]

Hi guys, I'm in a bit of pickle right now...I have a return flight booked to visit my LPR husband from 4th Aug - 6th Oct, i will be travelling under ESTA. I'm currently out of work and we filed for I-130 back in end of April. And my last visit lasted 2.5 months ending in Mid April. I understand that i will have to bring marriage certificate and copy of husband's passport and green card scan with me, I have no plan to overstay or apply for AOS, we are doing everything by the books and  hopefully one day we will be able to live together in the US.  But I have some concerns regarding whether i will be granted entry:

 

- Will CBP cancel my ESTA prior to departure?

- How likely will I be turned away at POE?

 

Please help, thank you all. 

 

[milimelo 4,194]

I'd check on your ESTA as I know they've been canceling them pre-emptively. You may end up needing to get a B2 visa to come visit. 

[SalishSea 16,770]

8 hours ago, ytw95 said:

How likely will I be turned away at POE?

There is no way to know.  You were in the US quite recently.  It is possible that they may think you're trying to use an ESTA to live in the US.

 

Each entry is subject to CBP discretion.  There are no guarantees, even for visa holders.

[ytw95 3]

7 hours ago, milimelo said:

I'd check on your ESTA as I know they've been canceling them pre-emptively. You may end up needing to get a B2 visa to come visit. 

Just checked, still valid, but I heard there have been cases where CBP were cancelling their esta 10/12 hrs before departure...so I’ll keep checking mine just in case...

[ytw95 3]

46 minutes ago, Jorgedig said:

There is no way to know.  You were in the US quite recently.  It is possible that they may think you're trying to use an ESTA to live in the US.

 

Each entry is subject to CBP discretion.  There are no guarantees, even for visa holders.

I see where you coming from, I could show them the I130 filing receipt? Will that help? I have absolutely no intention to overstay or trying to immigrate using ESTA, I do not want to mess with the law at all. So far I’ve followed all the guidelines, there’s really no need for me to jeopardise the whole process now.... i mean if I wanted to overstay I could have just done that last visit you know what I mean? Sigh...I’m so stressed out by this...

[HRQX 4,145]

1 hour ago, ytw95 said:

but I heard there have been cases where CBP were cancelling their esta 10/12 hrs before departure...

Yup, that is correct. CBP revokes the ESTAs because they don't know the potential exempt status of travelers.

[ytw95 3]

6 minutes ago, HRQX said:

Yup, that is correct. CBP revokes the ESTAs because they don't know the potential exempt status of travelers.

So once a flight is booked to a non Schengen country, do you have to stay there for 14 days or will it just be a transit ? Thank you for your help!

[HRQX 4,145]

14 minutes ago, ytw95 said:

So once a flight is booked to a non Schengen country, do you have to stay there for 14 days or will it just be a transit ?

In your case just transit* since you are a spouse of LPR.

*As an extra layer of precaution try to book the non-Schengen to US travel as a separate booking so they don't check you in from the initial flight.

Edited July 25, 2020 by HRQX

[ytw95 3]

6 minutes ago, HRQX said:

In your case just transit* since you are a spouse of LPR.

*As an extra layer of precaution try to book the non-Schengen to US travel as a separate booking so they don't check you in from the initial flight.

I see. I will look into that today. Also I hear there’s a B2 Visa we can apply, what do you think of that? Will it be faster and easier that way? Thank you!!

[HRQX 4,145]

1 hour ago, ytw95 said:

Also I hear there’s a B2 Visa we can apply, what do you think of that?

All embassies aren't providing guidance on how to apply for an emergency B-1/B-2 appointment if you are exempt to the proclamations. For example, US Embassy in Switzerland used to have guidance, but now that page shows a 404 error: https://web.archive.org/web/20200602183749/https://ch.usembassy.gov/covid-19-emergency-appointments/ Yet, London is still issuing B-1/B-2 visas:

• 5 in April https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/APRIL 2020 - NIV Issuances by Post and Visa Class.pdf
• 15 in May https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/MAY 2020 - NIV Issuances by Post and Visa Class.pdf
• 39 in June https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/June 2020 - NIV Issuances by Post and Visa Class.pdf

Edited July 25, 2020 by HRQX

[ytw95 3]

3 hours ago, HRQX said:

All embassies aren't providing guidance on how to apply for an emergency B-1/B-2 appointment if you are exempt to the proclamations. For example, US Embassy in Switzerland used to have guidance, but now that page shows a 404 error: https://web.archive.org/web/20200602183749/https://ch.usembassy.gov/covid-19-emergency-appointments/ Yet, London is still issuing B-1/B-2 visas:

• 5 in April https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/APRIL 2020 - NIV Issuances by Post and Visa Class.pdf
• 15 in May https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/MAY 2020 - NIV Issuances by Post and Visa Class.pdf
• 39 in June https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/June 2020 - NIV Issuances by Post and Visa Class.pdf

I just filed DS-160 form but cannot schedule an appointment because theres none available...Im so stressed, what should i do? Should just wait and see what happens? If my esta is revoked, can i just apply another one ?? 

[SusieQQQ 11,584]

29 minutes ago, ytw95 said:

I just filed DS-160 form but cannot schedule an appointment because theres none available...Im so stressed, what should i do? Should just wait and see what happens? If my esta is revoked, can i just apply another one ?? 

London is only taking emergency appointments for B visas. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html. You can’t justify an emergency visit visa appointment when you have an ESTA already. I personally think you’re over-reacting to the possibility of ESTA being revoked, your bigger issue in my opinion is getting entry to the US when you were just there a few months ago, and have had an i130 filed (in a category that is currently banned for visa issuance but ok for adjustment of status) since then. Make sure you take very solid proof to show that you will be returning home after your visit. Lease agreement? Not having employment to go back to is not ideal unfortunately. 
 

Edited July 25, 2020 by SusieQQQ

[JFH 12,189]

There have been cases where the ESTA was revoked at the airport. Airline staff are not able to ascertain whether a passenger falls into an exemption category or not. 
 

Your biggest hurdle, however, could be the amount of time spent here. With this visit that will be 4.5 months here in the first 10 months of the year. That may or may not raise an eyebrow with the CBP Officer at the border. It’s risky. 

[ytw95 3]

2 minutes ago, JFH said:

There have been cases where the ESTA was revoked at the airport. Airline staff are not able to ascertain whether a passenger falls into an exemption category or not. 
 

I have just contacted CBP and they told me to contact my airline to explain that im not subject to the travel ban and ask them to pass that info to RCLG. Im on the phone to the airline now and it doesnt seem like they know much about RCLG so who knows....

 

[JFH 12,189]

2 minutes ago, ytw95 said:

 

Good luck with that. I work for an airline and would never just take the passenger’s word for it that they are exempt from the ban. 

Edited July 25, 2020 by JFH