B2 Visa in Administrative Processing

[Rinehart 0]

Hi

I applied for a B2 Visa and was asked 3 questions was not asked to provide any documentation that I had prepared and when I offered it was told it was not needed.

The 3 questions were:

What is the purpose of your trip?
Do you require more than the 90 day ESTA Visa?
You have held an Immigrant visa before haven't you?

I answered all truthfully.

 

Purpose of the trip to visit family for sightseeing and an extended stay.  
Yes require longer than 90 days as my husband has long service leave and we haven't seen his family in over 7 years so we planned to stay longer and travel around sightseeing various places with them. As well as visiting friends in the USA.
Yes I held a Green Card in the past and relinquished it the Consular Officer asked when and I told him in 2009 I think it was and was relinquished and I have the paper work would you like to see he it he says no not needed.

Hands me a piece of paper and says you need to answer these additional questions and email them to this email address.  Flips the page over and says I'm giving you back your passport today and when asked send it to this address.

The additional questions were like they were doing a background check wanted the last 15 years of travel history, family details, last 15 years of employment history, last 15 years of every address I've lived at and prior passport numbers.

Has anyone else had a similar situation happen and if so how long did the administrative process take and what was the outcome?

Thank you.

 

[Unlockable 7,314]

The problem with administrative processing is that it is undetermined amount of time it can last and there is very little transparency with it. On VJ, we call it the blackhole. The amount of time it can take can be 2 weeks or 2 years.

 

Curious as to why go for a B2 when you had an ESTA. Many will say that was a risky move. Yes, I have seen the reason for the extra time but is it really a need when you are already given a good amount of time? Also, add in the fact you had a previous IV. 
 

The consensus is that most times a person with an ESTA and previous immigrant intent is often denied a B2. The reason it is so risky is that once you are denied a B2 then you will subsequently lose your ESTA.

 

Anyway, I hope you get it. In the mean time just provide them what they request and wait it out with periodic check-ins (calls). 
 

Best of luck.

[Boiler 45,486]

You were lucky to get that far, DS5535 if you want to look it up.

[Rinehart 0]

On 9/3/2022 at 10:38 PM, Boiler said:

You were lucky to get that far, DS5535 if you want to look it up.

Thank you I looked up the DS5535 it seems to be a background / security check is that correct? 
I guess all I can do now is sit and wait for it to be processed.

[Rinehart 0]

On 9/3/2022 at 10:06 PM, Unlockable said:

The problem with administrative processing is that it is undetermined amount of time it can last and there is very little transparency with it. On VJ, we call it the blackhole. The amount of time it can take can be 2 weeks or 2 years.

 

Curious as to why go for a B2 when you had an ESTA. Many will say that was a risky move. Yes, I have seen the reason for the extra time but is it really a need when you are already given a good amount of time? Also, add in the fact you had a previous IV. 
 

The consensus is that most times a person with an ESTA and previous immigrant intent is often denied a B2. The reason it is so risky is that once you are denied a B2 then you will subsequently lose your ESTA.

 

Anyway, I hope you get it. In the mean time just provide them what they request and wait it out with periodic check-ins (calls). 
 

Best of luck.

Thank you for your reply.  Oh geez the blackhole? I guess all I can do is sit and wait for it to be processed. As i understand now it's a background / security check they are running correct?

I don't understand how you mean applying for the B2 after having an ESTA is a risky move why so?  From my understanding the B2 is still a tourist visa but just for a longer amount of time than the ESTA which is what I needed for this trip as my son has special needs and we would not be able to do everything we wish to do in a shorter period of time as he gets quiet overwhelmed if we do too much and he needs a structured schedule with periods of rest in between sightseeing and travelling.

What is an IV? I don't understand why applying for a longer tourist visa after an ESTA and if you get denied you loose your ESTA why? I've never overstayed any visa at all and have always left before they expired. I have proof of strong ties back to Australia and offered documents during the interview but was told they were not needed.

Sorry I'm not quiet understanding this. I'm a little confused. Have I done something wrong during this process?

[SalishSea 17,828]

7 minutes ago, Rinehart said:

Thank you for your reply.  Oh geez the blackhole? I guess all I can do is sit and wait for it to be processed. As i understand now it's a background / security check they are running correct?

I don't understand how you mean applying for the B2 after having an ESTA is a risky move why so?  From my understanding the B2 is still a tourist visa but just for a longer amount of time than the ESTA which is what I needed for this trip as my son has special needs and we would not be able to do everything we wish to do in a shorter period of time as he gets quiet overwhelmed if we do too much and he needs a structured schedule with periods of rest in between sightseeing and travelling.

What is an IV? I don't understand why applying for a longer tourist visa after an ESTA and if you get denied you loose your ESTA why? I've never overstayed any visa at all and have always left before they expired. I have proof of strong ties back to Australia and offered documents during the interview but was told they were not needed.

Sorry I'm not quiet understanding this. I'm a little confused. Have I done something wrong during this process?

For people lucky enough to be from VWP countries, it is thought to be risky to go for a B-2, as a denial can mean the end of access to the VWP as well, since it is a visa denial.

 

My now-husband, a kiwi, successfully got a B-2 after visiting several times on the VWP.  This was in 2015/16.  Now having a better understanding of basic tenets of US immigration, we wouldn't risk it.  He never stayed more than two months, even on the B-2, and that time was because I was recovering from surgery.  He had very strong ties to NZ:  job, kids, house.  

 

I don't believe that you automatically lose the ESTA, but when you reapply, you'll have to disclose the B-2 denial.  B-2s are generally denied due to immigrant intent, so obviously you wouldn't get ESTA approved if they thought you were trying to immigrate.

 

An IV is an immigrant visa.

 

In general, they do not accept documents during B visa interviews.  The entirely of the application should stand alone from the DS-160.

28 minutes ago, Rinehart said:

Thank you I looked up the DS5535 it seems to be a background / security check is that correct? 
I guess all I can do now is sit and wait for it to be processed.

Yes.  More commonly given to people who have certain backgrounds, hold certain passports or have travelled to particular countries.

[Rinehart 0]

3 minutes ago, Jorgedig said:

For people lucky enough to be from VWP countries, it is thought to be risky to go for a B-2, as a denial can mean the end of access to the VWP as well, since it is a visa denial.

 

My now-husband, a kiwi, successfully got a B-2 after visiting several times on the VWP.  This was in 2015/16.  Now having a better understanding of basic tenets of US immigration, we wouldn't risk it.  He never stayed more than two months, even on the B-2, and that time was because I was recovering from surgery.  He had very strong ties to NZ:  job, kids, house.  

 

I don't believe that you automatically lose the ESTA, but when you reapply, you'll have to disclose the B-2 denial.  B-2s are generally denied due to immigrant intent, so obviously you wouldn't get ESTA approved if they thought you were trying to immigrate.

 

An IV is an immigrant visa.

 

In general, they do not accept documents during B visa interviews.  The entirely of the application should stand alone from the DS-160.

Yes.  More commonly given to people who have certain backgrounds, hold certain passports or have travelled to particular countries.

Thank you for a bit more clarification on this. I did not realise any of this I wish I had found this forum earlier to have a better understanding of the whole process. I just thought I was applying for a tourist visa that allowed longer stay.  It makes sense now why they are doing the background check too having previously lived in  2 other countries.