GermanBrazilian
New Member
Hi! I have a complex case I guess... would love to get some advice.
I am Brazilian with dual citizenship, Brazilian-German. I hold passports of both nationalities.
JUL/02 - Withdrew an application of Entry at Ambassador Bridge, Detroit because I had previously overstayed 28 days on my B2 Visa. I was unaware of my status because I was under the impression I had 30 days to leave as do J1 Visa holders. I had been to the USA on a J1 Visa in 1999.
NOV/07 – Entered the USA under the VWP, stayed 9 days between Los Angeles and New York.
MAR/09 (unsure) – Applied for ESTA (1), got approval, and then noticed my passport was about to expire.
MAY/09 – Received new passport, applied for ESTA (2), got approval, when I arrived at the port of entry in New York I was informed the status had changed. In the end, I was allowed to enter for 3 months because of good travel history but requested to address the issue upon my return to Brazil. The CBP officer explained the status change occurred because I answered NO in the question regarding previous denials of entry to the USA. I was under the impression my incident in 2002 was a withdrawal and not denial; the officer then explained it was the same thing. My trip lasted 47 days between NY, Miami, Los Angeles and Las Vegas.
JUL/09 – Upon my return to Brazil I applied for another ESTA (3), because I read on your website you can re-apply if you had made a mistake on your previous application. My application was PENDING on Jul-10-09, then APPROVED on Jul-11-09.
MAR-15-10 I checked the status of ESTA (3) it was still APPROVED. Unsure I could travel under VWP I started a VISA process, scheduled interview, filled out forms, and came across new information on my consulate’s website that you could travel under the VWP as long as you didn’t have any entries denied in the last 5 years.
Mar-25-10 I bought my ticket, logged onto ESTA to update my travel information and noticed status changed to TRAVEL NOT AUTHORIZED. Resumed my VISA process at the US Consulate in Rio.
APR-1-10 Had my VISA interview in RIO and was told I could not get a US VISA that day. The officer was not satisfied I had intent to return to my country of origin but I was never requested or given the chance to show extra documentation proving I have ties in my country. Proof of employment, apartment rented since 2006, car and filed tax returns. The officer said I can re-apply any time but I want to know if there's any way I can submit documentation to an immigration office and get a pre-approval before going back to the consulate or solve my ESTA issue and travel under the VWP.
I don't believe I will have the opportunity to fully explain my situation at another VISA interview as I am only asked straight questions. I was very young when mistakes were made in 2002, I have been to the USA twice since then and with good travel history. If the information I have read online is correct, I believe to qualify for travel under the VWP and want to re-apply.
Extra information:
* Before my incident in Jul/2002 I had been to the USA 3 times on my Brazilian passport:
1993 - B1/B2 Visa for 20 days or a month
1994 - B1/B2 Visa for 5 months
1999 - J1 Visa for 16 months (Requested an extension at the end of the 12 months, received a letter from immigration with a denial as I was leaving the USA)
* Entries in 2007 and 2009 were under the VWP using my German passport.
* I also hold a California drivers license, which seemed to bother the interviewer at the US Consulate. I applied for the license on my trip in 2009 that lasted 47 days as I wanted to drive to Las Vegas with my friend who lives in CA. In 2000 I had an Indiana license while in the USA as a J1 student finishing high school.
Thank you for your time and attention!
I am Brazilian with dual citizenship, Brazilian-German. I hold passports of both nationalities.
JUL/02 - Withdrew an application of Entry at Ambassador Bridge, Detroit because I had previously overstayed 28 days on my B2 Visa. I was unaware of my status because I was under the impression I had 30 days to leave as do J1 Visa holders. I had been to the USA on a J1 Visa in 1999.
NOV/07 – Entered the USA under the VWP, stayed 9 days between Los Angeles and New York.
MAR/09 (unsure) – Applied for ESTA (1), got approval, and then noticed my passport was about to expire.
MAY/09 – Received new passport, applied for ESTA (2), got approval, when I arrived at the port of entry in New York I was informed the status had changed. In the end, I was allowed to enter for 3 months because of good travel history but requested to address the issue upon my return to Brazil. The CBP officer explained the status change occurred because I answered NO in the question regarding previous denials of entry to the USA. I was under the impression my incident in 2002 was a withdrawal and not denial; the officer then explained it was the same thing. My trip lasted 47 days between NY, Miami, Los Angeles and Las Vegas.
JUL/09 – Upon my return to Brazil I applied for another ESTA (3), because I read on your website you can re-apply if you had made a mistake on your previous application. My application was PENDING on Jul-10-09, then APPROVED on Jul-11-09.
MAR-15-10 I checked the status of ESTA (3) it was still APPROVED. Unsure I could travel under VWP I started a VISA process, scheduled interview, filled out forms, and came across new information on my consulate’s website that you could travel under the VWP as long as you didn’t have any entries denied in the last 5 years.
Mar-25-10 I bought my ticket, logged onto ESTA to update my travel information and noticed status changed to TRAVEL NOT AUTHORIZED. Resumed my VISA process at the US Consulate in Rio.
APR-1-10 Had my VISA interview in RIO and was told I could not get a US VISA that day. The officer was not satisfied I had intent to return to my country of origin but I was never requested or given the chance to show extra documentation proving I have ties in my country. Proof of employment, apartment rented since 2006, car and filed tax returns. The officer said I can re-apply any time but I want to know if there's any way I can submit documentation to an immigration office and get a pre-approval before going back to the consulate or solve my ESTA issue and travel under the VWP.
I don't believe I will have the opportunity to fully explain my situation at another VISA interview as I am only asked straight questions. I was very young when mistakes were made in 2002, I have been to the USA twice since then and with good travel history. If the information I have read online is correct, I believe to qualify for travel under the VWP and want to re-apply.
Extra information:
* Before my incident in Jul/2002 I had been to the USA 3 times on my Brazilian passport:
1993 - B1/B2 Visa for 20 days or a month
1994 - B1/B2 Visa for 5 months
1999 - J1 Visa for 16 months (Requested an extension at the end of the 12 months, received a letter from immigration with a denial as I was leaving the USA)
* Entries in 2007 and 2009 were under the VWP using my German passport.
* I also hold a California drivers license, which seemed to bother the interviewer at the US Consulate. I applied for the license on my trip in 2009 that lasted 47 days as I wanted to drive to Las Vegas with my friend who lives in CA. In 2000 I had an Indiana license while in the USA as a J1 student finishing high school.
Thank you for your time and attention!
Last edited by a moderator: