Embassy note: B2 visa instead of ESTA for european spouse and children of USC?!

[jaysaldi 213]

Is this embassy correct? Is ESTA use from Europe suspended now even for spouses of American citizens?

[B&C2017 123]

1 minute ago, jaysaldi said:

Is this embassy correct? Is ESTA use from Europe suspended now even for spouses of American citizens?

Supposedly yes! It seems that a B1/B2 visa is now needed to travel to the US in order to sort out who is excluded from the presidential proclamation (e.g. spouses and children of USC) and who is not.  

[B&C2017 123]

7 minutes ago, jaysaldi said:

Is this embassy correct? Is ESTA use from Europe suspended now even for spouses of American citizens?

The official ESTA application page also says that:

 

The Embassy of Luxemburg says the same:

In accordance with Presidential Proclamation 9993 which became effective March 13, 2020, entry into the United States is suspended for most individuals who have been physically present within the Schengen Area in the 14 days prior to traveling to the United States. United States citizens and lawful permanent residents are exempt from the Proclamation. Travelers who are subject to the Proclamation should cancel or postpone any travel until no longer subject to the Proclamation, or the Proclamation is rescinded.

Any traveler with a valid ESTA who attempts to travel to the United States in violation of this Proclamation will have their ESTA canceled.

Edited June 17, 2020 by B&C2017

[The4Sands 67]

3 hours ago, B&C2017 said:

The official ESTA application page also says that:

 

The Embassy of Luxemburg says the same:

In accordance with Presidential Proclamation 9993 which became effective March 13, 2020, entry into the United States is suspended for most individuals who have been physically present within the Schengen Area in the 14 days prior to traveling to the United States. United States citizens and lawful permanent residents are exempt from the Proclamation. Travelers who are subject to the Proclamation should cancel or postpone any travel until no longer subject to the Proclamation, or the Proclamation is rescinded.

Any traveler with a valid ESTA who attempts to travel to the United States in violation of this Proclamation will have their ESTA canceled.

But both statements say this is being applied to people "who are subject to the proclamation" and I thought spouses and minor children of USC are exempt from that proclamation? Or have I understood that wrong?

[B&C2017 123]

15 minutes ago, The4Sands said:

But both statements say this is being applied to people "who are subject to the proclamation" and I thought spouses and minor children of USC are exempt from that proclamation? Or have I understood that wrong?

That is true, they are exempt. But as people in prior posts have noted, it seems hard, if not nearly impossible, for airlines to determine if somebody is actually exempt or brings an old marriage certificate to a USC if actually divorced sine a few years. So the embassy should determine within a B1/B2 visa interview if someone is actually eligible. 

[Lucky2Lucky 2,526]

4 hours ago, B&C2017 said:

The official ESTA application page also says that:

 

The Embassy of Luxemburg says the same:

In accordance with Presidential Proclamation 9993 which became effective March 13, 2020, entry into the United States is suspended for most individuals who have been physically present within the Schengen Area in the 14 days prior to traveling to the United States. United States citizens and lawful permanent residents are exempt from the Proclamation. Travelers who are subject to the Proclamation should cancel or postpone any travel until no longer subject to the Proclamation, or the Proclamation is rescinded.

Any traveler with a valid ESTA who attempts to travel to the United States in violation of this Proclamation will have their ESTA canceled.

Maybe this will weed out people who adjust status as well from the esta 

[The4Sands 67]

8 minutes ago, B&C2017 said:

That is true, they are exempt. But as people in prior posts have noted, it seems hard, if not nearly impossible, for airlines to determine if somebody is actually exempt or brings an old marriage certificate to a USC if actually divorced sine a few years. So the embassy should determine within a B1/B2 visa interview if someone is actually eligible. 

Well, that does make sense.  It puts the onus of proving exemption on the traveller, which in some cases might be better because airline staff could very easily deny you access to a flight because they are uninformed or unaware.  But I have to assume getting a B1/B2 is considerably more difficult/time consuming/costly than an ESTA and that whoever adjudicates that could just as easily deny you if you had immigrant intent (and were, for example, in the middle doing IR1).

 

Just thinking about my own situation, my non-USC husband is in the middle of the process (I-130 approved, waiting for case number) and my mom is very sick.  If the worst were to happen and we should need to fly to the States at short notice... he could not, I guess.  Hm. 

[B&C2017 123]

1 hour ago, The4Sands said:

Well, that does make sense.  It puts the onus of proving exemption on the traveller, which in some cases might be better because airline staff could very easily deny you access to a flight because they are uninformed or unaware.  But I have to assume getting a B1/B2 is considerably more difficult/time consuming/costly than an ESTA and that whoever adjudicates that could just as easily deny you if you had immigrant intent (and were, for example, in the middle doing IR1).

If it makes sense or not is one thing, but what you mentioned in the first paragraph is exactly what I wrote in the actual question I posted. Isn't getting a B2 conflicting with the immigrant intent that a spouse and children of a USC and LPR might have? Of course it is. Which makes one wonder, if this is not part of a bigger picture (halt on immigration without having to declare it as such?). But maybe this statement is just meant to make people aware, that they can not just travel with their ESTA. Remember, not every spouse of a USC or LPR has immigrant intent. Some might be living abroad without wanting to move to the US.

 

1 hour ago, The4Sands said:

Just thinking about my own situation, my non-USC husband is in the middle of the process (I-130 approved, waiting for case number) and my mom is very sick.  If the worst were to happen and we should need to fly to the States at short notice... he could not, I guess.  Hm. 

Maybe getting a B1/B2 visa isn't hard in an emergency situation like you described it and travelling for fun should be avoided anyways given the current Covid-19 situation.

[jaysaldi 213]

My question remains the same. Is all use of ESTA currently canceled/suspended, even for spouses of US citizens?

None of these embassy screenshots say that.

 

They say that travelers "subject to the proclamation" cannot use ESTA "in violation of the proclamation."

 

Spouses of Americans are not "subject to the proclamation."

 

I have seen no declarations from the US government, or any authority, saying that ESTA is now unavailable to spouses of Americans, except for the referenced "comment" on the page from the embassy in Switzerland, for which no link was provided.

 

 

Edited June 17, 2020 by jaysaldi

[FayeAlexandra 17]

We currently have an i130 in place. My husband is in the US and I in the UK. On the 24th of April I flew to the US armed with a letter from our immigration lawyer, copy of husbands passport and birth certificate, our marriage certificate and i130 receipt. My ESTA had not been revoked so my lawyer said I could use it to travel. I had zero problems at the airport and was allowed to travel and stayed for a month. If your ESTA is cancelled/ revoked call up CBP and explain and they can give you another within 72 hours. 

[geowrian 22,337]

7 hours ago, B&C2017 said:

Any traveler with a valid ESTA who attempts to travel to the United States in violation of this Proclamation will have their ESTA canceled.

Translation: An ESTA does not make you exempt from the EO.

But if you are not subject to it (either via exception or via not being in an impacted area within the last 14 days), then you're still fine.

As noted, the hardest par may be finding an airline that will board you...it's always their final call.