Visa Approved (via I-601) but ESTA denied!

[tru_loves_journey 117]

Congrats! Glad to hear your US bound

[Carty 0]

UPDATE:

I called the US Customs & Border Patrol again (40 mins on hold, 35 callers ahead of me, always helps to know that) to see if I could have this manually overidden. Because, every time in the future, when I book a flight online, this is potentially going to be a problem.

The polite lady (Lisa) at the US C&BP told me they could not intervene and gave me the number for ESTA (202-344-3710).

Fortunately I was not on hold for long, and explained my situation to Scott. At first he told me that the airlines do not have access to the ESTA information. So I told him United must do as I could not book. And my previous flight was my return trip from Houston, just after my wife and I married in 2010, so United could not have known about the denial unless they had access to ESTA. He apparently was unaware of this practice. He suggested I speak to the airline to have them update my passport details. Then I reminded him that when I visited the ESTA website, it also shows my status as 'travel denied' and suggested that THAT needs to be updated by ESTA.

Eventually, after a little persuasion from me, he put me on hold to ask someone else. He took my passport number and asked if I had a screen shot of the United booking refusal. Seeing as I had since booked the flight over the phone, I had not. So, in the end, he suggested that if this should happen the next time I book a flight, to take a screen grab, call ESTA back, and email it to them. He also added that it is likely that when my passport is scanned on Monday (yes, that's my flight day folks...5 days time), that the status may automatically update. There was not an ounce of certainty.

Mainly due to his politeness and helpfulness, I agreed with this, but added I was disappointed that this could not be actioned during the course of the call.

And now for a brief (!) run through my timeline.

My London Embassy interview was in June 2011. I had quit my job a week beforehand. During the first part of my interview, the officer asked if I had my Dutch police certificate (I lived there from 2004-2009). I said that the Dutch authorities do not issue such documents to individuals and that the request had to come from the embassy. I then produced a copy of my emails with the embassy to confirm that they would be taking care of it. It took him a good 20 minutes to go and find it, and it was clear.

Then he pulls out my UK police certificate which stated NO LIVE TRACE. He said that meant there was a conviction(s) and asked why I had answered "no" on my application form.

I explained that they (2 convictions/fines for theft 25 years ago...just petty stupidity on my part) are deemed 'spent' in the UK. I then produced a document from the police authority which arrived weeks after my police certificate arrived, and after my package had been filed. It detailed the arrests, charges, court details, convictions and fines. He changed my "no" to a "yes" on my application form, added some notes and asked me to initial it. Part one over.

Then I waited for the second part. And waited. And the guy who had his part 1 interview after me was called for his 2nd before me. Away he went smiling. I knew something was up. I approached the booth to ask what was happening. The lady looked at me approaching and said I would be called very soon as she had my file. She must have recognised my face from my photo. My number was called soon afterwards.

She ran through the regular questions. At the end, she asked about the convictions, and I explained everything again. She then told me the visa was denied and explained that I'd have to apply for an inadmissability waiver (I-601). My heart sank and I had to try and focus and what she was saying whilst realising that my life had become a complete disaster. Once I had collected my phone from the nearby shop, the call to my wife was truly devastating.

We didn't use a lawyer for the visa application, but after researching this next step thoroughly, we knew we needed help to get us through this waiver. Ironically, most of the I-601 specialist lawyers were based in Houston. We contacted three. Two got back to us. Neither really felt as though they took a personal interest in our case. Then I read an online review mentioning a certain Lizz Cannon, based in Massachusetts. I called her and was very impressed with how she explained what would be required. Lizz gave us so much information via email even before we had agreed to hire her. I have to say, she was exceedingly thorough during the information gathering of documentation we needed for the waiver.

The waiver was filed 2nd August 2011. It sat on a desk until 20th January 2012 when its status was updated to "under review". On 28th February 2012, our lawyer informed us that there was ROA! (This document was dated 19th Feb and relating to my 14 trips to the US under the VWP.) On the 14th March 2012, the I-601 waiver status was changed to 'completed'. However, that could have meant an approval or a denial. We had to wait for the notification from the embassy, which was being snail-mailed to our lawyer in Massachusettes. It took 9 days to arrive, and Lizz called my wife, who in turn called me with the great news.

However, my medical was due to expire on April 1st, and my UK police certificate expired in Oct 2011! Fortunately, we knew this beforehand, and a fresh police certificate was already in my hands. I had to call the embassy to email them to ask about the medical and ask if my Dutch police certificate needed renewing (which the embassy would have to request).

They said if I hadn't been to Holland since, it would not be needed, and if I needed to retake the medical, then I would be told so.

I called the Knightsbridge Doctors to ask about a possible 2nd medical. They confirmed I can make an appointment upon request from the embassy. They added that the medical was now £210 and not the £200 I paid in 2011. Eventually, a letter arrived from the embassy requesting a new medical and for me to send in my new UK police certificate and passport. I almost booked the courier there and then, but am SO glad I didn't. When I called the Kightsbridge Doctors, I was told to bring my passport, UK police certificate and my vaccine sheet (from my previous medical). It was booked for April 2nd...oh and the price went up again the day before to £227!!

ALmost there? Not quite. More trouble. At my first medical, it went as sweet as a nut. This time, I was grilled. Grilled about my convictions (the doc saw the NO LIVE TRACE on the police certificate), grilled about my medical history and also my meds. She asked for a list of what I was taking. I produced a list which is part of my prescription print out. She wanted a list from my doctor, in the form of my letter detailing all my conditions etc. She grilled me about my depression (what do you expect after all of this?).

She told me the medical was fine, but they could not pass it over to the embassy until they had received the letter from my doctor. I told her this was not requested when I made my appointment booking over the phone. It fell on deaf ears. I could email or fax it to them. However, with the long UK Easter weekend approaching, it took over a week to appear. My doc had faxed it to the Kightbridge Doctors. I called to check if it had arrived, and they said yes and added that it would be sent to the embassy the next day (12th April 2012).

I had already sent my documents to the embassy by this time. After a week of waiting, I decided to call the London doctors to check if my medical results had been sent off. The answer was no, and was told that they don't send them, the embassy collect, and that they had been collected the previous day. Could there be anything else?

My passport and HUGE sealed envelope (12" x 16" - 2 inches thick, and in a easily breakable PAPER envelope!) arrived yestderday (24th April), and my flight is finally booked for Monday (30th). My wife's taking the remainder of the week off and we're off to see Bowling For Soup on Friday (ask her, lol).

The visa's approval date is 19th April 2012.

(phew!)

[trojam227 18]

Wow, you really got yanked around! Thank you for posting your process. It helps us all to realize that nothing is cut & dry with US immigration and not all cases will have an easy outcome. But you did it and will be able to enjoy some much deserved time with your wife next week!

[Carty 0]

Wow, you really got yanked around! Thank you for posting your process. It helps us all to realize that nothing is cut & dry with US immigration and not all cases will have an easy outcome. But you did it and will be able to enjoy some much deserved time with your wife next week!

We both have the same frame of mind now. And that is that there will always be something that can, and will, get in the way.

So I won't fully relax until I finally get there on Monday afternoon (or evening, by the time the customs have pulled me through the mire, hehe).

[X Factor 1,111]

Congrats! Glad to hear your US bound

[txant 0]

Hi, I'm Carty's wife. My timeline is up to date so you can see our journey recapped below:

[trojam227 18]

Hi, I'm Carty's wife. My timeline is up to date so you can see our journey recapped below:

Bowling for Soup huh? lol...congrats, you guys had a toughy! Kind of how ours is panning out however we knew/know he will be getting the denial so the heart dropping & devastation won't be coming into play..we had that with his B2 interview a few years back. I can't believe it's been over a year since you submitted the waiver! God, if I have to wait another year I think I'll just become British. Thanks for posting your timeline...best wishes for your future!!

[Carty 0]

Hi, I'm Carty's wife. My timeline is up to date so you can see our journey recapped below:

Thanks for that dear.

One thing I will add, regarding the courier company returning passports from the embassy, is that they send you an SMS message when they have the package. It tells you when the package will be delivered (the next day in my case) However, in my case it came through at 4:45pm. Some 6 hours after it appeared on their tracking site.

[spookyturtle 9,465]

[Little_My 464]

Congratulations on a victory after such a long battle! Must feel good.

Regarding the ESTA/booking issue, these things probably vary by airline. I have never had any trouble booking a flight, but ever since being on a visa and GC (first F1 student, now a permanent resident), most of the times when I am flying back here from abroad I cannot do the online check-in (which annoys me because I can't get a seat I want! ) because for several airlines, the online checking system will ask/look for ESTA, and when it can't find it, it won't allow the check-in. One airline did have a "visa holder" option when I had an F1, but not one for GC holder. It's a pain, but I always get on the flight..

[Carty 0]

Congratulations on a victory after such a long battle! Must feel good.

Regarding the ESTA/booking issue, these things probably vary by airline. I have never had any trouble booking a flight, but ever since being on a visa and GC (first F1 student, now a permanent resident), most of the times when I am flying back here from abroad I cannot do the online check-in (which annoys me because I can't get a seat I want! ) because for several airlines, the online checking system will ask/look for ESTA, and when it can't find it, it won't allow the check-in. One airline did have a "visa holder" option when I had an F1, but not one for GC holder. It's a pain, but I always get on the flight..

I think that about confirms that it IS the airline. I think I'll try calling United when I am stateside to see if there is anyway this can be manually overidden. The $25 fee for booking over the phone is a little on the steep side. That visa holder options sounds like a very logical addition for other airlines to consider.

[Sam B 1]

I think that about confirms that it IS the airline. I think I'll try calling United when I am stateside to see if there is anyway this can be manually overidden. The $25 fee for booking over the phone is a little on the steep side. That visa holder options sounds like a very logical addition for other airlines to consider.

I know this is from a long time ago - but for people who look at this later (as I did)... If you are UNABLE to book the ticket online, just ask and United will waive the $25 fee.