Fort Pierce, FL asked in Immigration Law for Florida

Q: Boyfriend's B-2 Tourist Visa denied this morning. Stressed out nursing student needs your help.

Boyfriend's B-2 Tourist Visa denied this morning. We have been dating for 5 years as of April 16. We visit one another every summer and have since 2014. However, this summer was a special circumstance. We were both free for 4 and a half months and decided to have him apply for a B-2 visa in order for him to stay for the whole summer instead of just 90 days or less under the ESTA. We did not know that this was highly likely to get denied and are unsure of what actions to take next. He has already purchased his flight tickets--departure from London to Orlando and return from Orlando back to London. Is there any chance that he will be able to apply for the ESTA now and just buy an earlier flight ticket home or do we not stand a chance of him coming to the United States this summer? I am afraid that he will get another mark against his name if he applies for an ESTA and is denied now as well. Is there anything we can do? Will ths hurt our chances of getting approved for a K1 Visa in 2021?

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1 Lawyer Answer

A: Consult with an immigration attorney to explore your options. Generally speaking, a visa denial disqualifies one from using the Visa Waiver Program (ESTA) in the future. See https://help.cbp.gov/app/answers/detail/a_id/1097/~/previously-denied-a-visa-or-immigration-benefit Again, speak with a competent immigration attorney. Some offer telephone or online Skype consultations for those who may be outside of the United States or who simply cannot attend an in-person consultation.

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