Asked in Immigration Law for California

Q: Can an ESTA App be denied in 2018 due to an Extension of Stay on an O1 Visa in 2015 not being computer updated by CBP?

I left US 3 weeks after my I-94 on O1 Visa expired in 2015. An Extension of Stay was filed on time, however, so I was legally permitted in US at that time. It was a paper-issued I-94 by USCIS. Is it possible my ESTA Application was denied in 2018 due to this being perceived as an overstay since CBP and USCIS are separate departments and CBP may not have been updated on my earlier Extension? In the 3 year interim, I travelled to US multiple times on an ESTA however (including an approved application). Not sure if it's possible that their computer database could be lagging 3 years... otherwise they made a mistake in denying my ESTA. Thank you. PS: I left US after Extension was approved and new paper I-94 was issued.

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: You were allowed to stay until an O-1 decision and decision on the extension. However, if you leave before a decision, then your extension of status application is deemed abandoned which revoked that part of the application. That is why you became an overstay.

If you need more than general information on why your ESTA was denied, schedule an appointment or teleconference with a competent and experienced immigration attorney. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

1 user found this answer helpful

Hector E. Quiroga
PREMIUM
Hector E. Quiroga
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: It’s hard to say why your ESTA was denied, but it seems unlikely that the reason you gave was the issue.

CPB officers have a great deal of discretion in deciding whether or not to approve or deny any benefit, including ESTA. Your only option might be to apply for a tourist visa instead.

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