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Do You Need to Apply for a B1/B2 Visa Instead of ESTA?

Do You Need to Apply for a B1/B2 Visa Instead of ESTA?

If you plan to travel to the U.S., you must have either a visa or an ESTA. When do you need to apply for a B1/B2 travel visa instead of ESTA?

When you apply for a B1/B2 visa at a U.S. embassy, the consular officer may ask why you need a B1/B2 visa instead of ESTA. A B1/B2 visa offers benefits that ESTA does not, such as the possibility of changing status in the U.S. For this reason, approval is not always easy.

If you have a history of visa refusal, you may have difficulty obtaining ESTA approval. Therefore, you should be very cautious before applying for a B1/B2 visa.

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When Do You Need to Apply for a B1/B2 Visa Instead of ESTA?

First, if you are not eligible for ESTA, you must apply for a B1/B2 visa. This includes the following situations:

  • You have a history of visa refusal
  • You have a criminal record
  • You have a history of unlawful stay or unlawful employment in the U.S.
  • You have a history of illegal entry into the U.S.
  • You have visited countries that the U.S. Department of State has placed on a travel ban list
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Possibility of B1/B2 Visa Approval With a Criminal Record

 Criminal records often prevent approval of a B1/B2 visa. Depending on the seriousness of the offense, the likelihood of approval may vary.

  • Minor offenses or one or two DUI convictions
    Approval may be possible, but you must explain that you will not repeat similar behavior.
  • Serious crimes, severe penalties, or repeated DUI convictions
    You will likely need to obtain a visa waiver from the U.S. embassy.
  • Serious criminal offenses involving imprisonment or probation
    Approval of a B1/B2 visa is very difficult. A visa waiver from the U.S. embassy is required.
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Illegal Stay in the U.S.

If you stayed in the U.S. unlawfully for more than 180 days but less than one year, you may be barred from obtaining a visa for three years.

If you stayed unlawfully for more than one year, you may be barred for ten years.

In such cases, you must demonstrate strong social and financial ties to your home country and provide persuasive reasons for visiting the U.S.

If you need assistance with applying for a B1/B2 visa, please contact LawAmerica.

📍 LawAmerica Irvine Office
Phone: +1 (714) 253-2842
Email: law@lawamerica.com
Address: 19200 Von Karman Ave, Suite 600, Irvine, CA 92612

📍 LawAmerica Seoul Office
Phone: +82 02-555-6678
Email: law@lawamerica.com
Address: 322 Teheran-ro, East Tower Suite 809, Gangnam-gu, Seoul 06211, South Korea