Possible to enter with ESTA while applying I-130

[Katharinali 4]

Hi , is it possible that if my I-130 wasn’t approved can I enter America with ESTA ?

[Duke & Marie 1,389]

I believe you will need to apply for a B2, since immigration benefit has been denied, meaning your no longer eligible to use VWP.

[payxibka 10,045]

6 hours ago, Duke & Marie said:

I believe you will need to apply for a B2, since immigration benefit has been denied, meaning your no longer eligible to use VWP.

An i130 does not grant any kind of immigration benefit 

[Duke & Marie 1,389]

5 hours ago, payxibka said:

An i130 does not grant any kind of immigration benefit 

No, but the i130 is the first step in the overall process.. if it’s denied, no application for benefit can be made.. 

[payxibka 10,045]

Just now, Duke & Marie said:

No, but the i130 is the first step in the overall process.. if it’s denied, no application for benefit can be made.. 

Absolutely,  but has zero impact on esta/vwp.

[Duke & Marie 1,389]

15 minutes ago, payxibka said:

Absolutely,  but has zero impact on esta/vwp.

Pretty sure there’s questions in VWP application about prior applications and denials.. that would result in denial of vwp the need for B2..circumstances at time of entry, should be the same at time of vwp application.. if changed a new one is required.

 

and if there is intent now of AOS.. with denied i130, the risk of deportation and nil right to appeal is a lot higher, because those rights are waived with vwp. Are they not?

Edited July 20, 2020 by Duke & Marie

[payxibka 10,045]

6 minutes ago, Duke & Marie said:

Pretty sure there’s questions in VWP application about prior applications and denials.. that would result in denial of vwp the need for B2..circumstances at time of entry, should be the same at time of vwp application.. if changed a new one is required.

 

and if there is intent now of AOS.. with denied i130, the risk of deportation and nil right to appeal is a lot higher, because those rights are waived with vwp. Are they not?

Don't confuse petitions with visa applications.   Two very different animals.