If my wife reapplies for an ESTA and is approved, will she have a chance of passing through immigration after it was refused by CBP 2 years ago?

[J.. 2]

In the past, she has had trouble entering but with good intention. I understand that good intentions are just that. During the below situations, we were not married at that time.

 

1. Just a little more than two years ago, she was denied entry to US and got her ESTA refused. She received a letter that writes “VWPP refusal”. The CBP told her that she needs a visa to enter, as usual, and will not be able to utilize an ESTA to travel (not sure if this means forever). She was refused entry for not having a return ticket and traveling with a large luggage of personal items. So she flew back to Japan.
2. About a year ago was when she was denied entry on tourist visa. CBP concluded she was traveling with the intention of adjusting status. She then flew back to Japan. Passport writes “application for admission withdrawn” & “B1/B2 revoked”. 

 

We are still pending I-130 results (submission in Apr 2023). I have been traveling to see my wife almost every other month. We want to try out an ESTA knowing it has been 2 years since her previous ESTA was refused.

 

Currently, she has applied for an ESTA and pending results of approval. If approved, we will attempt at flying together to the US in hopes of passing through with no issues. My only concern is that CBP denies and we burned a plane ticket. Is there anything else that we should be concerned about or may affect our CR1 process? I understand strong ties back to Japan is necessary when talking to CBP. Is there anything we should know more about CBP questions at this point?

 

I’ve read some of the most recent post looking for some info that relates to our situation. I would like to hear anyone’s thoughts on this.

 

 

Edited March 20 by Jered

[Boiler 45,752]

She is not eligible to use the VWP, she needs to apply for a B visa.

 

VWP require a return ticket, well onward travel is OK.

[Dashinka 24,649]

So she was denied entry twice, once on ESTA and once with a B2?  Honestly, if that is the case, I do not see much hope for ESTA or another B2.

 

Good Luck!

2 minutes ago, Boiler said:

She is not eligible to use the VWP, she needs to apply for a B visa.

 

VWP require a return ticket, well onward travel is OK.

Sounds like this was already tried.

 

1. About a year ago was when she was denied entry on tourist visa. CBP concluded she was traveling with the intention of adjusting status. She then flew back to Japan. Passport writes “application for admission withdrawn” & “B1/B2 revoked”. 

[Boiler 45,752]

I think is is unlikely she will get a B with that history but that is the only option to visit.

[powerpuff 6,744]

CBP has the final say on who enters despite a valid visa or VWP. So not much one can do beforehand.
 

Even if she does get approved for VWP (seems highly unlikely with that history) and even if it doesn’t affect the spousal visa process, I don’t think I’d want to go through that stress again after being denied entry at the border twice before. 
 

to add, I think she was fortunate that they let her withdraw admission instead of putting her in expedited removal proceedings. That would complicate and prolong the spousal visa process.

Edited March 20 by powerpuff

[Boiler 45,752]

Holding valid, full validity e-passports with an electronic chip who are traveling 

for business, pleasure or transit for less than 90 days. Visa-free travel does not include those who plan to study, work or remain in the United States for more than 90 days;
are not ineligible to receive a visa under U.S. visa law. Travelers who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP are not eligible to travel visa free under the Visa Waiver Program

 

https://uk.usembassy.gov/visas/visa-waiver-program/non-immigrant-visa-waiver-program-vwp/:

[Bob in Boston 758]

I think you will be waisting your money. A little patience is called for now. Let the process roll and you keep visiting her.

[igoyougoduke 1,662]

3 hours ago, Jered said:

In the past, she has had trouble entering but with good intention. I understand that good intentions are just that. During the below situations, we were not married at that time.

 

1. Just a little more than two years ago, she was denied entry to US and got her ESTA refused. She received a letter that writes “VWPP refusal”. The CBP told her that she needs a visa to enter, as usual, and will not be able to utilize an ESTA to travel (not sure if this means forever). She was refused entry for not having a return ticket and traveling with a large luggage of personal items. So she flew back to Japan.
2. About a year ago was when she was denied entry on tourist visa. CBP concluded she was traveling with the intention of adjusting status. She then flew back to Japan. Passport writes “application for admission withdrawn” & “B1/B2 revoked”. 

 

We are still pending I-130 results (submission in Apr 2023). I have been traveling to see my wife almost every other month. We want to try out an ESTA knowing it has been 2 years since her previous ESTA was refused.

 

Currently, she has applied for an ESTA and pending results of approval. If approved, we will attempt at flying together to the US in hopes of passing through with no issues. My only concern is that CBP denies and we burned a plane ticket. Is there anything else that we should be concerned about or may affect our CR1 process? I understand strong ties back to Japan is necessary when talking to CBP. Is there anything we should know more about CBP questions at this point?

 

I’ve read some of the most recent post looking for some info that relates to our situation. I would like to hear anyone’s thoughts on this.

 

 

once ESTA is revoked, it is gone for life. she wont get approval ever for ESTA again . the only way she can enter US is with an immigrant visa at this point ( considering she got twice entry denied) 

[Redro 4,611]

it’s been 2 years since the ESTA denial but 1 year since the B1/B2 refusal. you’re lucky your wife was able to withdraw her entry and return to Japan. I’d be surprised if your wife receives the ESTA with the most recent B1/B2 revocation. I would plan on continuing to visit her in Japan until she is finally able to come over on her immigrant visa. 

[millefleur 5,047]

It seems they very much suspect immigrant intent, being married to a USC was already a strong tie to the US. Her travel history of being turned away for things like no return ticket and heavy baggage and then being denied again after getting a B....odds do not look good. It's only been 1 year since she denied entry.

 

If it were me, applying for another B doesn't seem worth it. Better just go straight to the immigrant visa application and plan to live in the US for a bit. I think the only way she can overcome immigrant intent is applying for the spousal visa, then either live in the US for a bit and relinquish the green card or just relinquish the GC right after entering on the spousal visa. Frustrating but I'm just not seeing another way around this.

[Boiler 45,752]

The OP is or has filed an I 130.

 

VWP Express is not an option.

[Ontarkie 14,320]

~~Moved to Tourist Visas, from IR1/CR1 - as the OP is asking about the possibility to use ESTA~~