Can a UK citizen with a previously cancelled i130 visit the US?

[Marie. 0]

I cancelled my unapproved i130 due to personal reasons and I just want to visit the US on an ESTA, will they let me in? 

[Timona 3,952]

I doubt your ESTA is still valid and if not, you cannot get another. You'd have to apply for B-2..

[Mike E 11,723]

1 hour ago, Marie. said:

and I just want to visit the US on an ESTA

Possibly. Try getting a new ESTA and see.
 

Is your petitioner still alive and/or (if applicable) still your spouse?

[SalishSea 16,819]

Do you have a valid ESTA?

[Marie. 0]

No I don’t have an ESTA yet, I’m scared that it may be denied. But I don’t know why it would be denied? I’ve used one many, many times in the past. 

[Marieke H 2,321]

If you don't want to answer the questions asked here, the only advice we can give you is to apply for an ESTA, answer all questions truthfully, and see what happens. 

[Unlockable 7,306]

5 hours ago, Marie. said:

No I don’t have an ESTA yet, I’m scared that it may be denied. But I don’t know why it would be denied? I’ve used one many, many times in the past. 

Hi @Marie.,

 

The reason it would be denied is because you showed immigrant intent. You filed an I-130 which is an immigrant visa. Even if the 130 is yet to be approved, just by filing it shows you intend(ed) to want to immigrate to the US. In most cases, this makes you ineligible for an ESTA, even if you had it in the past.

[Melc 138]

4 hours ago, Unlockable said:

The reason it would be denied is because you showed immigrant intent. You filed an I-130 which is an immigrant visa. Even if the 130 is yet to be approved, just by filing it shows you intend(ed) to want to immigrate to the US. In most cases, this makes you ineligible for an ESTA, even if you had it in the past.

One point of clarification, the I-130 is not a visa of any kind. It is a requirement for a family-based visa, but it is not a visa in and of itself. 

 

I would just apply for your ESTA. I've travelled to the US, and renewed my ESTA while I had an I-130 approved and was waiting to process my immigrant visa. If your ESTA is approved, you'll likely just be fine—just go for a short trip, and be prepared to show that you have continuing ties to the UK. 

 

Edited September 21, 2023 by Melc