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  • B2 Eligibility Question

    Hi folks, a bit of a complicated story, and question here... I will try to make it a brief explanation!
    I was previously working on an O-1A visa in the US for 6 years. I came home (to UK) this July for a few weeks not knowing my I-797 was about to expire. To make matters worse I only found this out once I lost my passport while on my travels (duh)... I ordered a new passport...went to the embassy not knowing my previous I-797 had just expired (mistake on my part) so turned up with the one that had just expired. Very nice lady at the Embassy told me to get an approved new I-797 from the company and mail it in with my passport to get my new visa. Excellent. Only problem was the Officer rejected the company's O-1A application on the grounds that he/she didn't think I qualified for the criteria. So to my problem....

    Because I went to the embassy I was issued a 221(g) - basically awaiting the I-797 for approval. Once the Officer rejected the O-1 application my work had to move on and hire someone else, understandably. Because a 221(g) technically is a 'denial of a visa' I obviously have to declare that in an ESTA application. So, no ESTA.

    I am thinking of doing some travelling in the US and visiting the many friends and former colleagues I have close friendships with over there. I am looking into going over there for 3-4 months and touring the country - staying with friends etc.

    I am worried my B2 application will be rejected. Any thoughts? I have a job starting here in the UK in March, as well as all my family here. I have a bank account here as well as a place to live. I have not booked a flight yet but could to show my return flight. I am just worried about the 221(g) and the subsequent ESTA denial. I would love to go travelling but am worried I won't be able to. Please help!

  • #2
    You can apply for visitor visa and let visa officer decide whether to approve or reject your visa.
    This is not a legal advice. Use at your own risk.

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