Dear Sir / Madam, I’m from the Netherlands and I’m in a relationship with an American and I was in the US for the past three months and when I boarded in Minneapolis two officers told me that I had been in the US one day too long on my esta. I was on my way back home. We really checked and calculated the 90 days 30 times, only online and in our heads. I booked a ticket for December 18 to March 17, so I don’t understand it. I have traveled to the US three times before and have always returned home. I didn’t know that one overstay would have these consequences, no one ever told me that. I just want to visit my boyfriend and travel with him in the US and we are still getting to know each other. He visits me twice in the Netherlands last year and he comes back in June, November. My life in the Netherlands is so good, I have NO intention to stay in the us. I get money from the state because I got sick a while ago, and i’m much better now, but i’m not there yet. That means that I have an extremely good and cheap health insurance and my rent is really cheap. I don’t want to move to the state for sure. I just want my ESTA back because I can’t stay longer dan three months and I always have to fill out an online form for that company where I get my money from when I leave and when I return and I can’t be in another country too much because if I do I lose everything. Then they say: you don’t live in the Netherlands anymore. So an ESTA visa is good for me and I really want it back. I really hope there is something I can do about this. I read all over the internet that if you are in a relationship with an American your chance of getting a B2 visa is zero and that the interviews are very short, 3 min or so and that they don’t look at documents. And a rejection is made in a second and you can go for a second time but if nothing has changed they reject you again. So hence I want to try to get my esta back because I am afraid to apply for a B2 Is it possible to fight this? Are there also forms for this? Or can you only dispute this with a lawyer? Thank you very much in advance! Kind regards Anna.
Unfortunately these decisions cannot be appealed. The US gets to decide who they want to allow into the country. It is ver common for an ESTA to be revoked for status violation even if it’s only a day. Im afraid you will have to try your luck with a B-2 visa. If you marry a US citizen then you can file for an immigrant and get a green card.
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