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Milka & Chris

Travel to the US with ESTA during the ban

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Hi everyone. I will visit my Husband by end of this month to finally see him after 7 Months! I find out that spouses and children can travel during the ban. I have a B1/B2 Visa but my daughter only have a ESTA. Can she travel with the ESTA to the US as a child from a US-citizen? 

Edited by Milka & Chris
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If your child derived US citizenship from her father, then she needs a US passport to enter the US.  A US citizen can not use ESTA/VWP to enter the US.  A US citizen is required by law to have a US passport.

Did your husband live in the US for at least five years before the birth of your child?

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6 minutes ago, aaron2020 said:

If your child derived US citizenship from her father, then she needs a US passport to enter the US.  A US citizen can not use ESTA/VWP to enter the US.  A US citizen is required by law to have a US passport.

Did your husband live in the US for at least five years before the birth of your child?

He's not her biological father but her stepfather. 

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38 minutes ago, Milka & Chris said:

Hi everyone. I will visit my Husband by end of this month to finally see him after 7 Months! I find out that spouses and children can travel during the ban. I have a B1/B2 Visa but my daughter only have a ESTA. Can she travel with the ESTA to the US as a child from a US-citizen? 

It doesn’t matter whether you have a visa or ESTA, what matters is the provable relationship that you are using to argue you are not subject to the ban.

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  • 4 months later...
On 6/4/2020 at 10:30 PM, Milka & Chris said:

Hi everyone. I will visit my Husband by end of this month to finally see him after 7 Months! I find out that spouses and children can travel during the ban. I have a B1/B2 Visa but my daughter only have a ESTA. Can she travel with the ESTA to the US as a child from a US-citizen? 

How did travel work out? I though everyone needs a B1/B2 visa as ESTA is currently suspended.

Marriage: 03/16/2018 ❤️💍👱‍♀️🧑
Birth of our daughter: 11/24/2018 👶🥰

USCIS Stage

I-130 submitted: 10/01/2019 😃
I-130 USCIS Lockbox received: 10/03/2019 
I-130 NOA1 received: 10/08/2019 --> Assigned to Nebraska Service Center 😩
I-129F (K3) submitted: 11/01/2019 :idea:

I-129F (K3) USCIS Lockbox received: 11/06/2019 

I-129F (K3) NOA1 received: 11/14/2019 😃🙏🏻
I-130 approved: 05/21/2020 —> NOA2 came from Texas Service Center 🥳❤️

 
NVC Stage
Case Number received: 05/22/2020 —> via Email 😃
Paid IV and AOS fee: 05/23/2020
IV fee processed (AOS fee is stuck😭) 05/28/2020
Submitted IV application and civil documents: 06/02/2020
Submitted inquiry to NVC for AOS fee being "stuck" (known NVC system issue): 06/02/2020 --> Let the waiting begin - again.... 
AOS fee finally marked as payed: 06/10/2020 🥳
 
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  • 1 month later...
On 10/14/2020 at 3:01 PM, B&C2017 said:

How did travel work out? I though everyone needs a B1/B2 visa as ESTA is currently suspended.

I didnt reply for any visa for my daughter and she was able to travel with just the ESTA. 

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11 hours ago, Milka & Chris said:

I didnt reply for any visa for my daughter and she was able to travel with just the ESTA. 

That‘s great to hear! 😃

I was assuming that it‘s suspended per the presidential proclamation. But I‘m happy it still worked for you guys 😊

Marriage: 03/16/2018 ❤️💍👱‍♀️🧑
Birth of our daughter: 11/24/2018 👶🥰

USCIS Stage

I-130 submitted: 10/01/2019 😃
I-130 USCIS Lockbox received: 10/03/2019 
I-130 NOA1 received: 10/08/2019 --> Assigned to Nebraska Service Center 😩
I-129F (K3) submitted: 11/01/2019 :idea:

I-129F (K3) USCIS Lockbox received: 11/06/2019 

I-129F (K3) NOA1 received: 11/14/2019 😃🙏🏻
I-130 approved: 05/21/2020 —> NOA2 came from Texas Service Center 🥳❤️

 
NVC Stage
Case Number received: 05/22/2020 —> via Email 😃
Paid IV and AOS fee: 05/23/2020
IV fee processed (AOS fee is stuck😭) 05/28/2020
Submitted IV application and civil documents: 06/02/2020
Submitted inquiry to NVC for AOS fee being "stuck" (known NVC system issue): 06/02/2020 --> Let the waiting begin - again.... 
AOS fee finally marked as payed: 06/10/2020 🥳
 
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4 hours ago, B&C2017 said:

That‘s great to hear! 😃

I was assuming that it‘s suspended per the presidential proclamation. But I‘m happy it still worked for you guys 😊

None of the presidential proclamations say anything about ESTAs. Some but not all ESTA countries are part of the banned group of countries for which you cannot enter the US if you have been in them two weeks before, but that is a physical presence issue totally separate from type of authorization to enter the US.

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On 11/15/2020 at 10:50 AM, Milka & Chris said:

I didnt reply for any visa for my daughter and she was able to travel with just the ESTA. 

Did you apply for National Interest Exemption for your child? My husband is a US citizen and I have a valid ESTA. Being his wife I am exempted on the  PP, but next time I will travel to USA my child ( not his biological)will join me too with a valid ESTA also just wondering what papers is needed. Thanks

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11 hours ago, Tyson20 said:

Did you apply for National Interest Exemption for your child? My husband is a US citizen and I have a valid ESTA. Being his wife I am exempted on the  PP, but next time I will travel to USA my child ( not his biological)will join me too with a valid ESTA also just wondering what papers is needed. Thanks

 

Is your child under 21 years old?  If so, your child is also exempted from the ban.  No need to apply for NIE.  The exemptions specified in the presidential proclamation does not differentiate between biological children and stepchildren of US citizens.  When you travel, just bring a copy of your husband's proof of US citizenship, your marriage certificate, and your child's birth certificate.

 

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8 hours ago, Chancy said:

 

Is your child under 21 years old?  If so, your child is also exempted from the ban.  No need to apply for NIE.  The exemptions specified in the presidential proclamation does not differentiate between biological children and stepchildren of US citizens.  When you travel, just bring a copy of your husband's proof of US citizenship, your marriage certificate, and your child's birth certificate.

 

My child is 14 yrs old. When I contacted the US embassy in my country, they told me that I need to apply for NIE and they sent me the form and all the requirements. 

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On 11/15/2020 at 12:57 PM, B&C2017 said:

I was assuming that it‘s suspended per the presidential proclamation.

ESTAs are still valid. The following tips are the most accurate: https://uk.usembassy.gov/information-for-nonimmigrant-visa-applicants-following-the-coronavirus-covid-19-outbreak/

  • Do not attempt to check in for your flight online if you have an ESTA registration.
  • Arrive early for your flight.
  • Carry any documentation that you believe demonstrates why you have been excepted from a travel restriction, such as a Permanent Resident card (commonly known as a Green Card), a marriage certificate, or a birth certificate, so that it is available if it is requested for review.
  • You may also wish to carry a copy of the Presidential Proclamation itself.
  • Your status will be reviewed in consultation with U.S. Customs and Border Protection (CBP) officials.
11 hours ago, Tyson20 said:

When I contacted the US embassy in my country, they told me that I need to apply for NIE and they sent me the form and all the requirements. 

Embassies have repeatedly given misinformation. For example:

On 9/17/2020 at 11:45 PM, HRQX said:

On June 22nd, US Embassy Bern edited the following info to now say: "The travel restrictions from Schengen countries to the United States under Presidential Proclamation 9984 still apply.  U.S. Embassy Bern recommends that individuals who meet one of the categorial exemptions under the PP 9984 (i.e. spouse of U.S. citizen/LPR, parent of U.S. citizen/LPR child, etc.) apply for a B1/B2 visa in order to document that they meet the exemption." https://ch.usembassy.gov/covid-19-info/

 

Wrong info before the edit: "The travel restrictions from Schengen countries to the United States under Presidential Proclamation 9984 still apply. Individuals who meet one of the categorial exemptions under the PP 9984 (i.e. spouse of U.S. citizen/LPR, parent of U.S. citizen/LPR child, etc.) need to apply for a B1/B2 visa in order to document that they meet the exemption." https://web.archive.org/web/20200615170800/https://ch.usembassy.gov/covid-19-info/

 

*Side note: US Embassy Bern keeps wrongfully referring to PP 9984, which is the mainland China proclamation. PP 9993 is the Schengen Area proclamation.

Fact is ESTA is completely managed by CBP. Thus, if in doubt you should contact CBP's Traveler Communications Center at (202) 325-5120. But the tips at the very beginning of my post are very accurate: https://uk.usembassy.gov/information-for-nonimmigrant-visa-applicants-following-the-coronavirus-covid-19-outbreak/ So follow @Chancy's post because it's more accurate than what your embassy is saying:

20 hours ago, Chancy said:

When you travel, just bring a copy of your husband's proof of US citizenship, your marriage certificate, and your child's birth certificate.

Also: https://travel.state.gov/content/travel/en/News/visas-news/presidential-proclamation-coronavirus.html

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  • 2 months later...
On 11/20/2020 at 6:57 PM, Tyson20 said:

Did you apply for National Interest Exemption for your child? My husband is a US citizen and I have a valid ESTA. Being his wife I am exempted on the  PP, but next time I will travel to USA my child ( not his biological)will join me too with a valid ESTA also just wondering what papers is needed. Thanks

No I didnt apply for anything for her, she just had an valid ESTA. sorry for the late reply I wasnt in her for a while.

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