Esta Revoked - should I rent a flat before reapplying?

[wandering 0]

I was recently denied boarding and had my ESTA revoked when I foolishly tried to travel to the US for more than 90 days.  CBP asked me questions at the check-in desk.  I wasn't planning to be in the US the whole time, but the fact that my return flight was more than 90 days in the future triggered further questioning.  Unfortunately I don't have an address at the moment, I just moved out of my old flat and was planning on doing some travelling before moving to a new place.  I also had just left my job and have started my own business, which is legally based in the UK but I can do from anywhere on my laptop.  I showed the officer some financials and convinced him that I could support myself, but the fact that I didn't have a job or an address in the UK was enough to deny me boarding and revoke the ESTA.

 

Losing the cost of the flight and the disruption to my plans was obviously very annoying.  But the thing that concerns me most is that I can't travel to the US, which I need to do now and then for business. I would also still like to do a shorter version of my planned travels. The CBP officer told me I should make an appointment at the embassy to get a visa, as they would be able to look into my situation in more depth than he could.  But I'm very worried that they will deny it for the same reasons. I don't want a denied visa on my record, I assume that will only make things harder in the future.

 

I know that the main reason visas are denied is lack of evidence of attachment to the home country (UK in my case), so I feel like I should start renting my new flat before my travels (annoying since I have to pay the rent while I'm away).  One problem is that I was planning on renting a room from a friend.  Is there a risk this will look to casual?  Would I be better renting more formally through an estate agent instead?

 

Once I start renting will I be able to reapply for an ESTA? Or is a visa the only option now?  Which is more likely to be successful?  Is a denied ESTA application a bad thing to have on record if I then need to get a visa?

 

How bad is it if I'm denied a visa?  Will that weigh against me if I try again a few months later?

 

Is there any risk that reapplying for ESTA or a visa too soon after starting renting will make it look like I'm renting on purpose just to be able to get a visa?  I'm also probably going to buy a car when I move to the new area (I used to live in central London where a car is a burden).  I assume this will also help, but I also worry that will look suspicious since I bought it just before the visa interview.

 

I genuinely have no plans to leave the UK, I just want to travel to the states for pleasure & business.   I just currently don't have a residence or a job.  This is no coincidence!  Part of the appeal of working for myself was that I'd be able to travel!

 

Really hoping someone can give me some advice! 

 

[Going through 5,671]

ESTA is done now, for life, due to your overstay.

Your option is to apply for a tourist/business visa.

 

It can make it more difficult to be approved for the visa, yes, because you've already shown that you have overstayed before. 

 

 

Edited January 2, 2018 by Going through

[Going through 5,671]

19 minutes ago, wandering said:

I wasn't planning to be in the US the whole time, but the fact that my return flight was more than 90 days in the future triggered further questioning

On an aside, this part is confusing----if you were not planning on staying in the US more than 90 days, then why on earth would you have scheduled a return flight after that amount of time?  

[SusieQQQ 11,587]

9 minutes ago, Going through said:

On an aside, this part is confusing----if you were not planning on staying in the US more than 90 days, then why on earth would you have scheduled a return flight after that amount of time?  

It is confusing but possibly OP incorrectly believed, as some do, that visiting Canada or Mexico would reset the 90 days.

 

OP, having neither a residence or a job makes getting a visa very unlikely, especially after a revoked ESTA. Do you really want to commit to the financial obligation of a flat you won’t be in in the hopes of getting a visa? (Unless of course you just stay at home if you don’t get the visa, rather than traveling elsewhere, then you’ll need the flat anyway...)

Edited January 2, 2018 by SusieQQQ

[Going through 5,671]

3 minutes ago, SusieQQQ said:

It is confusing but possibly OP incorrectly believed, as some do, that visiting Canada or Mexico would reset the 90 days.

Ahhh that's a possible scenario.

[Boiler 46,102]

I run my own business and can not imagine being away for very long.

 

A tourist status doe not allow you to work in the US.

 

Also confused about the booking the 90 day plus return flight. Now all you need to show is onward travel but as others have mentioned Canada and other adjacent areas does not get you more time. If you were flying on to say the Far East then that ticket could be used as evidence.

 

Realistically give it a few years, get the Business up and running, property etc and have a go for a B.

 

 

Edited January 2, 2018 by Boiler

[az2014 381]

VWP/ESTA is no longer an option for you, ever.

 

You can apply for a B2 visa but given your situation its going to be an easy denial.

 

Realistically you won't be visiting the US any time soon.

[Mollie09 1,543]

OP was denied boarding, he didn't overstay.

Wait a while, strengthen ties, then try applying again.

[Unlockable 7,315]

Agree with the above posters. This is a costly lesson you just learned. The ESTA is gone forever. It was a once in a lifetime privilege.

 

We can not say for certain if you will get approved for a tourist visa or not. Only thing for you to do is apply. 

[Unlockable 7,315]

1 minute ago, Mollie09 said:

OP was denied boarding, he didn't overstay.

Wait a while, strengthen ties, then try applying again.

An ESTA can be revoked at any time. A person does not need to overstay it for it to be taken away. As they said, the officer felt they were a risk of abusing the  ESTA (even had proof with the return tickets). 

 

Once ESTA is gone it is gone forever. Can’t reapply.

[payxibka 10,047]

I don't understand the denied boarding by CBP.  Does the US have pre-clearance in the UK? 

[wandering 0]

Thanks for your responses. 

 

49 minutes ago, Going through said:

ESTA is done now, for life, due to your overstay.

Your option is to apply for a tourist/business visa.

 

It can make it more difficult to be approved for the visa, yes, because you've already shown that you have overstayed before. 

 

 

Does this count as an overstay?  I didn't actually even leave the UK, I was denied boarding.

 

42 minutes ago, Going through said:

On an aside, this part is confusing----if you were not planning on staying in the US more than 90 days, then why on earth would you have scheduled a return flight after that amount of time?  

SusieQQQ is right.  I was going to spend some time in Mexico as well.   With hindsight I can see that I should have seen this coming.

 

35 minutes ago, SusieQQQ said:

OP, having neither a residence or a job makes getting a visa very unlikely, especially after a revoked ESTA. Do you really want to commit to the financial obligation of a flat you won’t be in in the hopes of getting a visa? (Unless of course you just stay at home if you don’t get the visa, rather than traveling elsewhere, then you’ll need the flat anyway...)

 

I really need the visa for work, so yes, I'm seriously considering renting a flat to expedite the process of getting a visa again.   And as you say, if don't have a visa I probably won't be traveling as much so will need it anyway.

 

2 minutes ago, NuestraUnion said:

We can not say for certain if you will get approved for a tourist visa or not. Only thing for you to do is apply. 

 

I'm really looking for advice on how long I should wait, and how important various things like having a flat, owning a car are etc. are?  And if there's any risk that setting these up just before an interview will ring alarm bells.

 

[Going through 5,671]

3 minutes ago, wandering said:

I'm really looking for advice on how long I should wait, and how important various things like having a flat, owning a car are etc. are?  And if there's any risk that setting these up just before an interview will ring alarm bells.

They are important as they establish ties to your home country.

 

That being said, yes it can raise eyebrows if all of these ties are established almost immediately prior to applying since it can appear to the CO that one is just doing so to get approved for the visa.

[Going through 5,671]

10 minutes ago, wandering said:

Does this count as an overstay?  I didn't actually even leave the UK, I was denied boarding.

Unfortunately your return tickets were probably seen as proof of intended overstay, because of the date on them.

In any case, the ESTA is gone for good now.

 

My suggestion is to wait at least 6 months before applying for the tourist visa, so as not to look desperate to enter the US, and especially after the revoked ESTA....but that's just my suggestion.  

 

Also, with no job and no residence it would be more likely a waste of time to apply now....and a waste of money.

Edited January 2, 2018 by Going through

[Unlockable 7,315]

7 minutes ago, wandering said:

 

I'm really looking for advice on how long I should wait, and how important various things like having a flat, owning a car are etc. are?  And if there's any risk that setting these up just before an interview will ring alarm bells.

 

Putting my CO hat on for interviewing your case, I can see you establishing those things right before our interview will cause me to raise an eyebrow.

If they were set up some time before it would definitely look better. 

Doing so so right before the interview would cause me to want to question why haven’t  these ties been established until now.