"abuse" of the VISA Waiver Program

[kf6vci]

I'm 36, own 31 apartments and my house in CA. Visitor VISUM: till 2000. Before buying property and living most of the year in CA, I visited about 5 times p.a. ** 11/02 I started with rentals. ** My 01-03 tax returns show losses. ** In 03, I obtained a business licence (to clean my own units). // 1/18/04 re-entry denied. On 2/18th my Visitor VISA application was denied. Verbal reasons: i) "abuse" of the Waiver Program, ii) "earning money". -- It would help to be able to sell everything within a few weeks, but now I cannot even use the U.S. as transit.
I NEVER OVERSTAYED and 6/03 I was checked and assured not to have "any more problems". And it worked nicely: 7/03 and 11/03 one look at the screen and my passport was stamped. *** RE is a passive investment, so it wouldn't qualify for an E2 VISA.

Even if I had to sell my "business", I still would like to live a few months in CA (in my own house, without any work or business activity). Q: as I am losing my business, is there a way to ask for a judge to rule on this? I SEE MYSELF AS A GUEST - but hope to be able to unwind my operation in an orderly fashion. Thank you in advance for any comment or advice! Chris