Urget Help Needed! Advice traveling on VWP

[areifsnider 0]

Hi All,

Im kinda worry of my next trip to usa. I carry a VWP nad had since 2003 B1/B2 10 Year mutlple visa. Last year I went to usa for vacations but my company ( family compan) file a petition to change my status from B1/B2 to L1-B. I got 6 months on my I-94 and my petition was submitted by my laweyer before my status expired. I was entitled to wait in the u.s for a USCIS decision , but 10 days after my I-94 expired I had to leave usa for a urgent medical reason , my life was in danger. Since i didnt had health care over usa or anything i had to pack my stuff and come back to my country to start my treatment. since the treatment took long , the petiion was cancled and of courde denied. My lawyer told me that my current B1/B2 visa was void since i overstayed the period but i wasnt in to an unlawful permamance. So I never vioalte any rule I was covered by the change of status. My lawyer told me to go back to my consultar and re-apply for a nerw tourist visa since mine was void. I also carry my VWP passport but havent used it since 2002. In 2003 got the new biometric passport but like i said its new never been used on prior US travels. Anyway , I wen to the consulate 2 weeks ago for a "renovation" and i got fingerprinted and sent back home to wait for the passport. When I got the passport i got a blu sheet that said they need it my migratory movement. I have all the documents of my chage of status and so , the issue here im asking is , my current visa was stamped " cancelled without prejudice" and Im still applying for a new visa. I have year to go back to the consultate with all proper documents. Now, I dont really want to travel on a b1/b2 to usa beacuse Im just going back for vacations. Will I have any problem at customs while trvaerling with my VWP? I have all the documents to proove i had a change of status and I left usa 10 days later my I-94 expired but I was covered as my lwyer told by the change os status. I dont really want to have a bad time over there. I will go to the consulate anyways to see if the give back the visa or not but in case they deny it , will this affect my VWP? Im very worried , I never vioalte any rule from that country i had been F1 visa studed in the past too and have a vast travelling background to usa without any issue and problem.

If someone can let me know or had been into a similar expericne will be very appreciated.

By the way my last triop tio usa was :

*May 29 , 2010 granted 6 months ,( Nov 28 2010 ) Left usa on Decemeber 8th 2010.

*Planning to return as tourist only on Nov 5 2011.

[Brother Hesekiel 2,236]

When you filed for change of status, you entered a period of authorized stay until a decision was made. You left 10 days after your I-94 expired and since the change of status was canceled the decision was negative and you therefore accumulated overstay. Thus, you B1/B2 is void and you will need to apply for a new visa. I am pretty sure that you won't get ESTA clearance to travel with the VWP, but that's the first thing you should do.

But even if you clear ESTA, it's possible that you will be denied entry to the U.S. without a visa.

Since Switzerland is a super low fraud country, and you hopefully have documentation showing that you got sick and returned home to get treatment, I don't think they will deny you another B2 if you can show strong ties to Switzerland. So try ESTA first and tell us if you got green light. Step 2 would be to apply for a new B2.

Edited October 18, 2011 by Brother Hesekiel

[areifsnider 0]

When you filed for change of status, you entered a period of authorized stay until a decision was made. You left 10 days after your I-94 expired and since the change of status was canceled the decision was negative and you therefore accumulated overstay. Thus, you B1/B2 is void and you will need to apply for a new visa. I am pretty sure that you won't get ESTA clearance to travel with the VWP, but that's the first thing you should do.

But even if you clear ESTA, it's possible that you will be denied entry to the U.S. without a visa.

Since Switzerland is a super low fraud country, and you hopefully have documentation showing that you got sick and returned home to get treatment, I don't think they will deny you another B2 if you can show strong ties to Switzerland. So try ESTA first and tell us if you got green light. Step 2 would be to apply for a new B2.

Hi for responding , I forgot to tell my B1/B2 VISA was issued into my other country passport where I live in. I have doble nationality.My ESTA is clear and was approved. Even I get a denial on the b1/b2 visa on my peruvian passport will that void my waiver visa? What If i didnt want to use a b1/b2 anymore or get a renewal¡? i HAD BEEN TRaveling to usa since i was a kid using swiss passport. In 2003 i wen to the embassy in peru where I live to get a b1/b2 visa beacuse biometrics where taking months to be granted in switzerland since usa change the law of it. So the lady at the consultate told why would I apply for a normal visa while having a swiss passport then I explain. I have a kind that was born in usa , since she saw that she was skceptikal i will be comming back but even so , se trusted me and gave my the 10 year visa. since 2003 i have been travelling with that visa till 2004. Since 2004 dint make any trip to usa till Feb 2010 for 2 weeks. then I get back with my kids in may 2010 for vacations and then it came the thing of the change of status and so. Now i want to go back with my little kid for vacations since i will be having 15 days off of my company and this is now in Nov. I will go to the embassy tomorrow to finish with that on my passport but in case i get a denied visa ? what can I do?

[Boiler 46,013]

Go on vacation somewhere else.

[Harsh_77 718]

Do not flip flop between the passport coz visa on your peruvian passport was cancelled and you have history on your old passport.

Best option for you is go back to consulate with record from your doctor and explain the situation why you have to leave and it should not be a problem.

[areifsnider 0]

Do not flip flop between the passport coz visa on your peruvian passport was cancelled and you have history on your old passport.

Best option for you is go back to consulate with record from your doctor and explain the situation why you have to leave and it should not be a problem.

Ok , I went to the embassy today will the paperwork they asked to bring , well they only wanted my migratory record so I did get one and of course I took all the other documents related my case. The Consular officer asked me about the petition and I said it was cancelled since i dont want to take the job anymore dyue y medical issue, he looked at me and he asked me why if in the US there are a lot of dentist , so i told me i had a very complicated issue and i had surgeyes and many othe things and I can show him the medical certificate i had on my hands , by the way i responed his quesiton telling him of course the fees between a us dentist vs. a peruvian destins is HUGE , ABYSMAL.So i said its impossible for me to keep going on that petition and due the time , since the us is under a crisis the company does not want to ivest for the moment. So I wanted to keep my tourist visa to keep going on vacations only. He then asked me about how many employers did my familiar compnay held in my home country and I said 80. He just looked his computer , entering some information put my passport away and told me if i had the DHL paper for the pick up of the same. I said i had the last one at the first date i went to the embassy so he gave me anothe DHL document and told to check about the location to pick the docuemtns. He crossed his armas smiled at me and said thats all.So I smiled back and re-asked thats all? and said yes. SO at this point I dont know if my visa was renewed or not? I ust wait 1 week to get my passport and check? The Visa info of the consulate website saids if you visa is denied the consular officer gives a letter wich icnlude the reasones why the visa was denied. I didnt anything. Im very confused , im still going to be consfused till the date to get my passport back this is worst than a nightmare. Why he didnt told me anything? I know there are a lot of persones wich do not recive a visa they get the paper and the passpor back but im not sure at this point since the embassy has changed their proceedings. Any advice?

[Harsh_77 718]

If consulate held your passport, your visa got renewed.

When they reject the visa they return the passport right away.

[areifsnider 0]

If consulate held your passport, your visa got renewed.

When they reject the visa they return the passport right away.

I really hope is like you said. Since they have changed a lot their proceedings im confused. The first time I went and they took my fingerprints. Then I waited for the DHL office to notify my when my passport was ready to pickup. When i opened the envelope i found in the blue paper asking for the migratory certificate and my current visa was stamped cancelled without prejudice. Now Im afraid I recive the package with another letter? Can be? Or its 99% my visa was renewed? I just dont comprehend why other people near me had an approval or denial in their face , and my consular office didnt tel me anything!

Thanks for your help!

[Boiler 46,013]

I am going to guess they did not have your complications requiring further investigation.

[areifsnider 0]

what you mean?