Is it illegal to enter the US on ESTA while a J-1 is pending?
I was reading this article where the author claims she was told it is illegal to obtain an ESTA while you are in the process of applying for a J-1.
However I could not find any online information to confirm or deny that, and in fact one US gov site says that it is OK (and in fact, required) to enter on an ESTA if you also have a J-1 but you were making a recreational trip.
Is it actually illegal, or what else might she have done wrong to be told this?
Best Answer
The article you refer to is bylined “Kiwi journalist Lisa Scott”. The VWP is not available for work as foreign press, radio, film, journalists, or other information media so it seems Lisa should have been very careful and, it seems, may not be presenting all the relevant facts to readers (or to Immigration?).
She stated Applying for an ESTA after starting with a J-1 was illegal.
Exchange Visitors cannot travel on the Visa Waiver Program or with Visitor Visas (their emboldening, ibid.) and “All exchange visitors must travel to the United States with exchange visitor (J-1) visas.”
We don’t know timings, but if you intend to extend your stay beyond 90 days or change your status once in the United States (for example, you intend to request change of status to student or temporary worker, etc.), then you need to apply for a visa.
Timings are also relevant because a J-1 application requires submission of a Passport valid for travel to the United States and Please note that exchange visitors beginning new programs may not enter the United States more than 30 days before their program start date.
Is it actually illegal, or what else might she have done wrong to be told this?
Yes, and there are various possibilities.
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Can I stay in US while waiting for J-1 waiver?
J-1 Status Expiration While Waiting for Green Card If your J-1 status expires before an immigrant visa number becomes available, you will need to get a J-1 extension or apply to change your status to another nonimmigrant visa in order to continue staying in the U.S. while the green card application is pending.Can I travel to the US with a pending ESTA?
Typically, CBP advises allowing 72 before checking for an update, yet the majority of decisions on ESTA applications are reached within 48 hours. However, whilst your ESTA application is pending, you are not authorised to travel to the United States.Can I travel with ESTA pending?
You will not be permitted to travel to the U.S. until you have applied for ESTA again, using correct information, and receive authorization. If your application is rejected due to an error in entering information, do not panic; wait at least 24 hours and then apply for ESTA again.Can I apply for US tourist visa if I have a pending petition?
It may be difficult, but it's not impossible to obtain a visitor visa with a pending I-130 petition. Many people with pending immigrant visa petitions have successfully traveled to the United States on a B visitor visa or through the Visa Waiver Program (VWP).Can I enter the US on ESTA while my fiance visa is pending?
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