QUESTION
What does refusal under section 217 10000 mean and how does it affect future applications under ESTA?Thanks
Asked on Jan 31st, 2023 on Immigration - Michigan
More details to this question:
Had admission for a PhD program and went on ESTA, then applied for change of status to student, got confirmation of application being processed, invited to the do biometrics, completed all requirements. But before the confirmation of the change of status, had to travel back to the UK for family matters. On my return to the US, I was refused entry under "INA Section 217 10000". Apparently, according the to border officer, because I left the US before the change of status was completed, the application was cancelled (which was news to me) and therefore, I have no legal justification to be allowed back into the country! My concern is how will this refusal affect my application to enter the US in future or how long do I have to wait before applying again? Although, the border officer said it is not a denial never to enter the US but did not say how long this refusal will affect or work against my future ESTA application.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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I am not sure what 217 10000 means, but the usual advice in situations like yours would be to apply for a student visa directly at the American consulate or embassy, and explain your refusal under ESTA at the visa interview. Please note that you cannot make an application for change of status from ESTA to student. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Feb 22nd, 2023 at 3:28 PM