Tag: Nonimmigrant Visa

Denied ESTA – What to do if your ESTA is unauthorized or revoked.

A denied ESTA can cause a lot of stress, but there are other options for you to consider.

Picture of an airplane flying over the words "What is an ESTA?"

“Denied ESTA???!!? What do I do?”

The Visa Waiver Program (VWP) enables most citizens or nationals of participating countries to travel to the United States (US) for tourism or business for up to 90 days without obtaining a visa at a US Embassy. Travelers must have a valid Electronic System for Travel Authorization (ESTA), which is an automated system that determines the eligibility of visitors to travel to the US on the VWP; however, there are instances when an ESTA application is denied, leading to concerns and uncertainties for the applicants.

Who is eligible to file for an ESTA?

You may be eligible to file for an ESTA if all the following are true:

  • You are a citizen or eligible national of a Visa Waiver Program country.
  • You are currently not in possession of a visitor’s visa.
  • Your travel is for 90 days or less.
  • You plan to travel to the US for business or pleasure.

Understanding ESTA Denials

ESTA denials can occur for various reasons, including simple technical issues or mistakes made in the application.  They can also be the result of more substantive concerns about the applicant’s eligibility. Common reasons for denial include issues with previous visa overstays, inaccurate information or having a criminal history.

Visa Options When an ESTA is Denied:

If your ESTA has been denied and you still want to visit the US, then you can apply for a B1/B2 visas at the US embassy in your home country. If the soonest appointment takes place after your trip is scheduled to depart for the US, then you may want to book that appointment and then apply for an expedite request. If you do apply for an expedite request then you need to clearly explain this in your request for an earlier appointment.

Obtaining Assistance with an ESTA Denial

When facing a denied ESTA application, you may want to consider engaging a law firm that specializes in immigration law to improve your chances of a successful resolution. At AVA, we can help with the following:

  1. Reviewing the Denial: We will carefully review the facts of your denial to identify whether any inaccuracies or misinterpretations were made by immigration authorities. Understanding the exact grounds for denial is crucial for building a strong case in the appeal or reapplication process.
  2. Preparing an Appeal: In some cases, applicants have the option to appeal a denied ESTA application. We can assist in preparing a comprehensive appeal by addressing the specific issues raised in the denial and presenting additional documentation or clarifications to support the applicant’s eligibility.
  3. Exploring Alternative Options: If an appeal is not a viable option, our law firm can explore alternative avenues for entry into the US, which may include applying for a traditional visa, such as a B-1/B-2 tourist visa as mentioned above, or seeking other immigration pathways that align with the applicant’s circumstances.

Facing a denied ESTA application can be a very stressful experience. If your ESTA has been denied and you would like to meet with the compassionate attorneys at AVA, you can schedule an immigration consultation here.  We would be happy to partner with you to navigate the complexities of the immigration system and work towards a successful resolution to your ESTA application challenges.

You may also contact us at (970) 680-1223. Our attorneys are authorized to practice US immigration law in all 50 states and in US embassies and consulates around the globe!

Current as of February 28, 2024

*Please be advised that this is not legal advice and engagement with this post does not create an attorney/client relationship.

For additional information, see:

Student/Cultural Exchange/Tourist – AVA Global (aspirevisaattorneys.com)

2024 USCIS Fee Increase

2024 USCIS Fee Increase

If you are planning to file a visa in 2024, you may want to do it BEFORE April 1st when USCIS will increase visa fees!

On January 31, 2024, the U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register detailing a significant fee hike starting April 1, 2024.

Amongst the Major Changes:

Fiancé Visas:

If you plan to file a visa for your fiancé (Form I-129F), then plan to pay $675 rather than $535.

Green Card Petitions:

Both family-sponsored and employment-based green card applicants will experience elevated filing fees. The adjustment impacts primary applicants as well as dependents. The new fees for a paper family-sponsored petitions (Form I-130) will rise from $535 to $675, while employment-based petitions (Form I-140) will increase from $700 to $715. Where the fee for an Adjustment of Status (Form I-485) has been raised from $1225 to $1440.

Employment Authorization Documents (EADs):

The fee for filing a paper Employment Authorization Documents (Form I-765) with biometrics has been raised from $495 to $520.

Asylum Program Fee:

DHS proposed a new Asylum Program Fee of up to $600 to be paid by employers who file either a nonimmigrant (Form I-129) or immigrant work visa petition (Form I-140) for employees.  The fee will be $0 for nonprofits; $300 for small employers (defined as firms or individuals having 25 or fewer FTE employees); and $600 for all other filers of Forms I–129 and I–140.

Nonimmigrant Work Visas:

The E-registration fee for H-1B visas will be raised from $10 to $215 per registration while an H-1B petition (I-129) will increase from $460 to $780. This is a 70% increase! Similarly, L-1 visas will be raised from $460-$1385. Finally, O-1 visas will be raised from $460 to $1055, which is a 129% increase!

Investor Visa Fee:

The EB5 green card investor fee will be raised from $3,675 to $11,160!

Implications and Considerations:

Financial Impact: The fee hikes could potentially impose a considerable financial burden on applicants and their families. It is important for individuals to plan their immigration journeys with these increased costs in mind.

Potential Delays: The higher fees may result in delayed applications as individuals and families adjust to the new financial requirements. This emphasizes the importance of early planning and seeking legal counsel.

Exemptions and Alternatives: Some applicants may be eligible for fee waivers or exemptions. Exploring alternative pathways or seeking professional advice can help individuals navigate the fee increases more effectively.

Updated Forms and Procedures: With the fee changes, USCIS is likely to introduce updated forms and procedures. It is crucial for applicants to use the latest versions and stay informed about any changes in the application process.

As we approach the April 1, 2024, implementation date for the USCIS fee hike, immigrants, applicants, and employers should proactively educate themselves on the changes and adapt their plans accordingly. By staying informed, seeking professional advice, and planning ahead, individuals can better navigate the evolving landscape of immigration fees and continue their journeys towards achieving legal status in the United States.

To view the USCIS Federal Register notice, see: Federal Register :: U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements

If you are interested in filing for a visa before USCIS raises the fees, please contact us at (970)333-8352 or http://www.aspirevisaattorneys.com. Our attorneys are authorized to practice immigration law in all 50 states and represent clients around the globe! 

*Please be advised that this is not intended to be legal advice nor does engagement with this post create an attorney-client relationship. 

**Current as of February 2, 2024

What is “Immigration Intent?”

US Immigration intent

What is “Immigration Intent” and why does it matter?

“I want to come into the United States on my tourist visa, marry my American citizen fiancée and then apply to adjust my status so I can get a green card. Is this allowed?”

When applying and traveling to the United States on a temporary visa (nonimmigrant visa), the traveler cannot have the “preconceived intent” to stay permanently in the United States.  If the applicant’s original intent is to remain in the United States and apply for residency or adjust status, then it can result in serious consequences, including being charged with committing fraud or misrepresentation on your original nonimmigrant visa application!

Immigration officials do understand that sometimes unexpected things happen, which result in a change of circumstances that necessitate a person to remain in the United States and adjust status; however, please note that after applying for residency, government officials will examine your original intent when you applied for your nonimmigrant visa.  If they decide that you lied on your original application, they can deny your immigrant visa petition and subject you to a permanent ban from having a petition approved on your behalf in the future.  While certain waivers exist to ask the government to “forgive” the fraud/misrepresentation, not everyone will qualify for a waiver and they can be difficult to obtain. 

If you are interested in moving permanently to the United States, please contact Aspire Visa Attorneys at www.aspirevisaattorneys.com or (970) 680-1223. Our attorneys are authorized to practice immigration law in all 50 states and represent clients around the globe! 

*Please be advised that this is not intended to be legal advice nor does engagement with this post create an attorney-client relationship. 

Current as of December 4, 2023

O-1B MPTV: Extraordinary Achievement in Motion Picture/Television

US Immigration: O-1B MPTV

O-1B for People in the Motion Picture or Television Industry

The O-1B visa is a non-immigrant visa that is designed for individuals with extraordinary ability or achievement in the arts, motion picture, television, or entertainment industry. To qualify for an O-1B visa, an applicant must meet specific requirements and demonstrate exceptional skills and accomplishments in their field. 

There are two different categories of O-1B visas.  The O-1B(Arts) visa is for artists while the O-1B (MPTV) visa is for beneficiaries who have a record of extraordinary achievement in the motion picture and television industry. Below, we will review the evidence necessary to demonstrate “extraordinary achievement” for a successful O-1B (MPTV) visa petition. 

O-1B Beneficiaries in Motion Picture or Television

To work in motion picture and television productions, the beneficiary must have a demonstrated record of extraordinary achievement that has been recognized in the field through extensive documentation. “Extraordinary achievement” in reference to persons in the motion picture or television industry means a very high level of accomplishment in the motion picture or television industry, as evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the motion picture or television field. 

1. Establishing Eligibility

In support of an O-1B (MPTV) petition, the petitioner must establish that the beneficiary has demonstrated a record of extraordinary achievement in motion picture or television productions and is coming to continue to work in such productions; however, the productions need not require someone with a record of extraordinary achievement.

2. Supporting Documentation

The supporting documentation for an O-1B (MPTV) petition is the same as the O-1B(Arts). It must include evidence that the beneficiary has received, or has been nominated for, a significant national or international award or prize in his/her particular field OR at least three of the following forms of evidence:

-Evidence that the beneficiary has performed, and will perform, services as a lead in productions or events that have a distinguished reputation, as evidenced by critical reviews, advertisements, publicity releases, publications, contracts, or endorsements;

-Evidence that the beneficiary has achieved national or international recognition for achievements, as evidenced by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications;

-Evidence that the beneficiary has performed, and will perform, a critical role for organizations and establishments that have a distinguished reputation, as evidenced by articles in newspapers, trade journals, publications, or testimonials;

-Evidence that the beneficiary has a record of major commercial or critically acclaimed successes, as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications;

-Evidence that the beneficiary has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the beneficiary is engaged. Such testimonials must be in a form which clearly indicates the author’s authority, expertise, and knowledge of the beneficiary’s achievements; or

-Evidence that the beneficiary has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence.

3. Comparable Evidence

A major difference between the O-1B (Arts) and the O-1B(MPTV) visa is that the petitioner may NOT rely on comparable evidence in this category so the O-1B (MPTV) can be a  more difficult visa to obtain than the O-1B (Arts) visa, depending on the circumstances.

It’s important to note that the requirements for an O-1B visa can be complex and rigorous. Consulting with an experienced immigration attorney is highly recommended to ensure that all aspects of the application are properly addressed and documented. To schedule with Aspire Visa Attorneys, please click here. 

*Please be advised that this is not intended to be legal advice nor does engagement with this post create an attorney-client relationship.

For more information, see:

Business Immigration – Aspire Visa Attorneys (AVA)

Working in the United States | USCIS

**Current as of September 7, 2023