Can I travel back to the USA? [closed]
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In February of 2016, I visited the United States. I entered Puerto Rico under the VWP/ESTA. On March 24, 2016 I got married; my wife is US citizen. We started the process for my permanent residency. Four months later, we were notified that the immigration service had denied the the application. Since the 90 days allowed by the VWP had expired, I left the country in September 2016.
Now, after 6 months outside the US, can I go back under the same VWP/ESTA conditions? Is there another way to do it? When I left the US, the permanent residence procedure was still pending.
Best Answer
Since you overstayed the 90 days you were admitted for when you entered on VWP, you are not eligible to use the VWP anymore. You will have to apply for a visa to go to the United States again. Since you intend to go to the US to immigrate, you will not be able to go on a visitor visa or most other kinds of nonimmigrant visas. Your US-citizen spouse needs to petition you to immigrate and you will do consular processing in your home country for an immigrant visa.
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