I was denied entry on ESTA permit

[B2? 0]

First I wanted to mention how glad I am to have found a forum of this kind, I hope I can get some help

 

I’ll share some details of my situation to give you some context but there’s more to the story
I was in the US with a J1 visa for 2.5 years until April 2021, then I entered on ESTA permit Sep-Dec 2021 and April-June 2022, both times I stayed less than 90 days

 

On Aug 29th after an extensive interview I got denied entry 

I was advised by the CBP agent to apply for a B2 visa but I don’t want to go into this process on my own and risk making any mistakes, therefore I’m seeking professional help

 

I was wondering if anyone knows of any reliable attorney who deals with non common visa applicants situations

 

thank you!

Edited September 4, 2022 by B2?

[Boiler 45,486]

Most Immigration Lawyers, or many anyway do not handle B applications as the process is simple and there is nothing that they can add.

 

You have been visiting  the US extensively it seems and that was why you were refused.

 

What you need are strong ties to Spain and give it a few years before applying

[B2? 0]

** i didn’t mention that my partner is there

It's not going to be a simple B visa application since there’s more to the story that I don’t really want to specify online, but I do need profesional help

Edited September 4, 2022 by B2?

[Boiler 45,486]

2 minutes ago, B2? said:

** i didn’t mention that my partner is there

I assumed that was the case.

[Crazy Cat 41,845]

15 minutes ago, B2? said:

** i didn’t mention that my partner is there

It's not going to be a simple B visa application since there’s more to the story that I don’t really want to specify online, but I do need profesional help

There is no point in hiring an attorney for a B2 visa.  An attorney can provide no help. The only thing you can do is apply.  The Officers are not even required to look at any evidence you provide.  The fact is that you will be assumed to have immigrant intent.  

Edited September 4, 2022 by Crazy Cat

[Daphne . 1,853]

As others have mentioned, a lawyer will not increase your chances of getting a tourist visa approved. You having proof of strong ties to your home country will help.
 

You seem to have stronger ties to the US (a partner and being able to take time off from work for long periods) so I think you need to revisit that. Are you considering moving to the US? 

[carmel34 3,626]

1 hour ago, B2? said:

i didn’t mention that my partner is there

It's not going to be a simple B visa application since there’s more to the story that I don’t really want to specify online

There is no "dating visa" to enter the US to be with a boyfriend/girlfriend/partner/prospective husband/wife.  The only way a tourist visa would be approved (B2) is if you have very, very strong ties to your home country (own property, steady job, family obligations, etc.) that would help convince the officer that you are likely to return after a short visit to the US for tourism.  The fact that you have a partner in the US, which you have to disclose, will make it even more difficult for you to get a B2.  I suggest that your partner in the US visit you in your home country or some other third country that you can both travel to easily.  If you decide to make the arrangement permanent (live together), the only way to do that in the US is either a K-1 fiance visa or get married somewhere and pursue the CR-1 spousal visa process, both take 1-2 years, then you can enter the US and live permanently.  CR-1 is the superior visa.  K-1 is only available if your partner is a US citizen, and has many disadvantages.  Or, your partner in the US can move to where you are and live together.  Good luck!

[Boiler 45,486]

2 hours ago, B2? said:

It's not going to be a simple B visa application since there’s more to the story that I don’t really want to specify online, but I do need professional help

 

There are no end of Immigration Lawyers and I am sure you will be able to find one who will take your money.

 

B applications are simple but aside from that I am not sure anybody here can add anything.

[SalishSea 17,828]

2 hours ago, B2? said:

** i didn’t mention that my partner is there

It's not going to be a simple B visa application since there’s more to the story that I don’t really want to specify online, but I do need profesional help

Lawyers don’t do B visas.   Why would they?

 

If your partner is in the US, sounds like you need to be petitioned for a K, or marry and do CR-1.

 

Using ESTA like you did is abuse of the VWP,  so that privilege is now gone for you.

[mveruovic 26]

Using Esta to travel to US and be with boyfriend/girlfriend is abuse of Esta?  😂 So it's not possible to have relationship only marriage? That is not true. 

[Daphne . 1,853]

28 minutes ago, mveruovic said:

Using Esta to travel to US and be with boyfriend/girlfriend is abuse of Esta?  😂 So it's not possible to have relationship only marriage? That is not true. 

Nothing wrong with visiting partner on an Esta but OP’s visits have been long and relatively short after each other, that looks more like living in the US than visiting. So @Jorgedig has a point there, this is leaning towards abusing an Esta.

 

I visited my husband multiple times, but these were 2 week visits with at least 4 months in between

Edited September 4, 2022 by Daphne .

[EmilyW 1,434]

Quote

Using Esta to travel to US and be with boyfriend/girlfriend is abuse of Esta?  😂 So it's not possible to have relationship only marriage? That is not true. 

 

Using ESTA to live in the US (for all intents and purposes), which is what the CBP believed at the time of the last entry, is abuse of ESTA privileges.  General rule of thumb is to spent more time out than in, and the OP has come - IMO - dangerously close to the latter.

 

OP, the only thing a lawyer can do for you is take your money.   If your ESTA was not revoked, I'd wait a year or so to come back.  In the meantime, get your partner to visit you in Spain.  

[SalishSea 17,828]

1 hour ago, mveruovic said:

Using Esta to travel to US and be with boyfriend/girlfriend is abuse of Esta?  😂 So it's not possible to have relationship only marriage? That is not true. 

Using it for frequent, long trips is abuse of ESTA.  

That’s why OP was removed, and has now found out that it’s not a long term solution for maintaining a relationship.

[Rocio0010 5,579]

3 hours ago, mveruovic said:

Using Esta to travel to US and be with boyfriend/girlfriend is abuse of Esta?  😂 So it's not possible to have relationship only marriage? That is not true. 

No idea where you’re getting that idea that the only possible way to have a relationship is through marriage. That’s not what people are saying. What they’re saying is:

1) that you don’t need an attorney to apply for a B2 visa because there’s nothing they can do (you have to apply by your own merits showing strong ties to your home country).

2) that OP abused their ESTÁ by staying for long, frequent visits.

 

 

[SteveInBostonI130 3,434]

9 hours ago, mveruovic said:

Using Esta to travel to US and be with boyfriend/girlfriend is abuse of Esta?  😂 So it's not possible to have relationship only marriage? That is not true. 

 

No.  OP lived in the US with a J-1 for 2.5 years, then used ESTA to basically live half a year in the US.  OP visited for 3 months, stayed in Spain (or elsewhere) for 4 months, then returned to stay again for 3 months.  This was the abuse.

 

Basic rule of thumb is to stay out of the US for twice the duration between visits.  Even then, multiple max-stay visits will be flagged by CBP as being suspicious.