QUESTION
Will I be able to get an ESTA even though I was out of status F1 visa?
Asked on May 06th, 2024 on Immigration - California
More details to this question:
I was an f1 student for 4 years. When I graduated I applied for OPT that got denied. I decided to file a motion to reopen I-290B. I was waiting to hear back from USCIS for 11 months before I, in February 2024 decided to leave the us and go back to my home country, Sweden. My American girlfriend came to visit me a couple of weeks ago and we got married and will start the process to apply for green card from my home country. In the meantime, I wanna go visit her in the us in beginning of June, will I be able to get an esta and do that?
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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An ESTA application asks, “Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?” There is a good chance that you will not be approved for ESTA admission. If not, your alternative is to apply for a visiting visa at the American consulate or embassy, explain the situation with documents, and also why you still have nonimmigrant intent for visiting since you are married to a US citizen. 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 May 26th, 2024 at 1:09 PM