B2 visa after visa waivers

[stanley1]

I am a British subject. Last year my partner (who has dual US/British passport) flew to the US with our 2 year old child without my permission. I followed and we have been involved in a custody battle which is going to court. We have been sharing custody and I have been going in to the US on visa waivers, but last time, although I was allowed in, I was told that I could not enter this way again. I had expected the hearing to have taken place by now, but it has been postponed again. I am now having to borrow money to support myself as of course I cannot work. I do not intend to stay in the US. Can I now apply for a B2 visa to enable me to see this case through?

[peace]

B2 decisions are very discretionary in nature and many times irrationally taken. Their main issue is
to see if you will come back and when you tell them you have a child with
a US citizen , they will presume potential immigrant intent and deny you the visa. No matter what you tell them about your intent.

You must weigh this very carefully; once you are denied a visitor visa, you won't be able to use your visa waiver again.
If you stick with using the visa waiver without applying for a visitor visa, you could enter if there is a good time interval between your last and your next visit.

Did the entry officer write anything on your passport ? Did he specifically ask you to apply for a visa for the next entry?

[stanley1]

Thank you very much for the reply. Yes, he said it's down on my records and specifically told me to apply for a visa next time.