USCIS Petition Rejection and ESTA questionnaire

[Garko86 4]

I recently received a rejection notice from USCIS in relation to my immigration petition, due to a missing signature.

The entire petition was sent back, and the fees were never cashed in. I will resubmit it.

 

However, I am planning to travel to the US for a 1-week business trip. I usually do that on ESTA, as a UK citizen. I'm aware I might have some extra explaining to do at the U.S. port of entry.

 

One of the ESTA eligibility questions is:

   "Have you ever been denied a U.S. visa you applied for with your current or previous passport?"

 

Does the rejection of my I-140 employment-based petition constitute a U.S. visa denial? I'm not sure how to answer that question, and I've read conflicting opinions.

The language seems to refer to visa applications, rather than immigrant petitions denied by USCIS. On top of that, my petition was not denied, but rather rejected before it was even processed (no case number, etc).

 

My lawyer suggested I just apply for a B1 / B2 visa to be extra cautious, but I'm afraid that will not be compatible with my timeline for the upcoming trip.

 

Francesco

[Crazy Cat 42,032]

5 minutes ago, Garko86 said:

I recently received a rejection notice from USCIS in relation to my immigration petition, due to a missing signature.

The entire petition was sent back, and the fees were never cashed in. I will resubmit it.

 

However, I am planning to travel to the US for a 1-week business trip. I usually do that on ESTA, as a UK citizen. I'm aware I might have some extra explaining to do at the U.S. port of entry.

 

One of the ESTA eligibility questions is:

   "Have you ever been denied a U.S. visa you applied for with your current or previous passport?"

 

Does the rejection of my I-140 employment-based petition constitute a U.S. visa denial? I'm not sure how to answer that question, and I've read conflicting opinions.

The language seems to refer to visa applications, rather than immigrant petitions denied by USCIS. On top of that, my petition was not denied, but rather rejected before it was even processed (no case number, etc).

 

My lawyer suggested I just apply for a B1 / B2 visa to be extra cautious, but I'm afraid that will not be compatible with my timeline for the upcoming trip.

 

Francesco

The petition rejection is not a visa denial.  Carry on!  

Edited March 20, 2022 by Crazy Cat

[Crazy Cat 42,032]

Do NOT apply for the B2.....  If your B2 is denied, you will, likely,  lose ESTA forever.  I think your attorney is a dummy.

Edited March 20, 2022 by Crazy Cat

[Mike E 11,742]

8 minutes ago, Crazy Cat said:

 .  I think your attorney is a dummy.

Considering the I-140 was rejected for lack of a signature, I am afraid your assessment is accurate 

[Garko86 4]

25 minutes ago, Crazy Cat said:

Do NOT apply for the B2.....  If your B2 is denied, you will, likely,  lose ESTA forever.  I think your attorney is a dummy.

Thanks all for the quick responses.

 

Very reassuring (apart from the assessment on the lawyer...)!