VWP and ESTA Requirements

[desert_fox 32]

Has anyone been denied on their ESTA submission for traveling to the US on the VWP while a I-129F or I-130 is pending at the USCIS??

A friends' SO got turned down, and he asked me if that could possibly be the reason.

[Laura+Tom 2]

I didn't. I registered a few weeks ago and was authorised immediately for my trip in April.

[Stinky Monkey 1]

I did it voluntarily in December and got approved straight away, no problems and I even had my packet 3 by then

[rebeccajo 14]

Has anyone been denied on their ESTA submission for traveling to the US on the VWP while a I-129F or I-130 is pending at the USCIS??

A friends' SO got turned down, and he asked me if that could possibly be the reason.

Didn't they tell the person why they were denied?

[Laura+Tom 2]

Has anyone been denied on their ESTA submission for traveling to the US on the VWP while a I-129F or I-130 is pending at the USCIS??

A friends' SO got turned down, and he asked me if that could possibly be the reason.

Didn't they tell the person why they were denied?

Because it's all automated I don't know if they give an actual reason if they deny you. They do tell you to contact the embassy if you have any problems though.

Maybe the person accidentally answered one of the questions wrong.

[rebeccajo 14]

Has anyone been denied on their ESTA submission for traveling to the US on the VWP while a I-129F or I-130 is pending at the USCIS??

A friends' SO got turned down, and he asked me if that could possibly be the reason.

Didn't they tell the person why they were denied?

Because it's all automated I don't know if they give an actual reason if they deny you. They do tell you to contact the embassy if you have any problems though.

Maybe the person accidentally answered one of the questions wrong.

This is all so new so it's going to be interesting how it plays out.

This is from a FAQ on ESTA.

http://www.cbp.gov/xp/cgov/travel/id_visa/esta/

Q: Does the U.S. anticipate that a large number of travelers who previously traveled under the VWP will now be refused an ESTA™?

A: The ESTA™ is designed to screen each traveler for law enforcement or security risks. The vast majority of travelers will receive an approved ESTA™.

Q: What should a traveler do if he or she is not approved for travel through ESTA™?

A: If an ESTA™ application is denied and the traveler wishes to continue with the trip, the traveler will be required to apply for a nonimmigrant visa at a U.S. Embassy or Consulate. For more about visa application procedures, please visit www.travel.state.gov.

Q: Should a traveler not approved for travel through ESTA™ reapply?

A: If an ESTA™ application is not approved (“Travel Not Authorized”), a traveler may reapply for an ESTA™ after a period of ten days, but unless the circumstances have changed, the traveler will not qualify for an ESTA™ and will need to apply for a nonimmigrant visa at a U.S. Embassy or Consulate. In addition, reapplying with false information for the purposes of qualifying for an ESTA™ could render an individual inadmissible, and therefore, ineligible for admission, to the U.S.

Q: How can a traveler find out the reason an ESTA™ application was denied?

A: DHS has carefully developed the ESTA™ program to ensure that only those individuals who are ineligible to travel to the United States under the VWP or those whose travel would pose a law enforcement or security risk are refused an ESTA™. While the ESTA™ Web site provides a link to the DHS Travel Redress Inquiry Program (TRIP) Web site, there are no guarantees that a request for redress through DHS TRIP will resolve the VWP ineligibility that caused an applicant’s ESTA™ application to be denied. Please note that Embassies and Consulates are not able to provide details about ESTA™ denials or resolve the issue that caused the ESTA™ denial. Embassies and Consulates are able to process an application for a non-immigrant visa, which, if approved, will be the only way that a traveler whose ESTA™ application has been denied will be authorized to travel to the U.S.

[desert_fox 32]

]

Q: How can a traveler find out the reason an ESTA™ application was denied?

A: DHS has carefully developed the ESTA™ program to ensure that only those individuals who are ineligible to travel to the United States under the VWP or those whose travel would pose a law enforcement or security risk are refused an ESTA™. While the ESTA™ Web site provides a link to the DHS Travel Redress Inquiry Program (TRIP) Web site, there are no guarantees that a request for redress through DHS TRIP will resolve the VWP ineligibility that caused an applicant's ESTA™ application to be denied. Please note that Embassies and Consulates are not able to provide details about ESTA™ denials or resolve the issue that caused the ESTA™ denial. Embassies and Consulates are able to process an application for a non-immigrant visa, which, if approved, will be the only way that a traveler whose ESTA™ application has been denied will be authorized to travel to the U.S.

Thanks for the answers. Im not sure he is aware of this. She was only told to contact the US Consulate, which in her case is not easy. If she can find out, then she can get it corrected.

Mike

[desert_fox 32]

I finally looked at the ESTA to see what is req1uired. I didn't a link anywhere to redress the issue. The problem is that she is from NZ, working and living in Canada. I'm sure any Consulate can resolve this for her. My friend was under the impression that she would have to go to Montreal.

She had no problems before ESTA coming to the US for a week at a time, but suddenly, because of ESTA, she is denied. Interesting!

[rebeccajo 14]

I finally looked at the ESTA to see what is req1uired. I didn't a link anywhere to redress the issue. The problem is that she is from NZ, working and living in Canada. I'm sure any Consulate can resolve this for her. My friend was under the impression that she would have to go to Montreal.

She had no problems before ESTA coming to the US for a week at a time, but suddenly, because of ESTA, she is denied. Interesting!

Go back to the link I gave above and read there a bit more.

Canadians are not subject to ESTA.

Does this woman possibly have a Canadian passport? (Canada is home to a lot of naturalized citizens from other countries.)

If she filed an ESTA application based upon entering with her Canadian passport (which she is allowed to do even if she possesses a passport from New Zealand), it's naturally going to spit out a denial....I would think!

PS - does the memo not say that consulates cannot resolve the ESTA decision? I believe that is what I read.

[desert_fox 32]

I finally looked at the ESTA to see what is req1uired. I didn't a link anywhere to redress the issue. The problem is that she is from NZ, working and living in Canada. I'm sure any Consulate can resolve this for her. My friend was under the impression that she would have to go to Montreal.

She had no problems before ESTA coming to the US for a week at a time, but suddenly, because of ESTA, she is denied. Interesting!

Go back to the link I gave above and read there a bit more.

Canadians are not subject to ESTA.

Does this woman possibly have a Canadian passport? (Canada is home to a lot of naturalized citizens from other countries.)

If she filed an ESTA application based upon entering with her Canadian passport (which she is allowed to do even if she possesses a passport from New Zealand), it's naturally going to spit out a denial....I would think!

PS - does the memo not say that consulates cannot resolve the ESTA decision? I believe that is what I read.

No Canadian passport...she is from NZ with a Canadian Residency card.

It sez that the Consulates cannot tell you why a person is denied. She just needs to get a B-1/2 visa. I'll talk to him again in a week or so.