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Presidential Proclamation 9993 and ESTA

By Bearslayer in Tourist Visas

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Bearslayer Rookie

Bearslayer   1

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Does anyone have any experience with a situation similar to mine? I am a US permanent resident since 2001 and my wife is a Czech citizen. US Embassy is refusing to clear my wife to travel under ESTA even when all conditions are met and she is except from travel ban under PP9993. 

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Crazy Cat
Crazy Cat

Are you sure about that?   

SusieQQQ
SusieQQQ

Bear in mind, exceptions to the proclamation are still subject to normal assessment by embassy/CBP of overstay risk. No-one has the right to visit.   I find the explanation of the b visa ref

geowrian
geowrian

Did she update her ESTA to reflect the visa refusal, as required?

Bearslayer Rookie

Bearslayer   1

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6 minutes ago, Jorgedig said:

Has she ever applied for a B visa?  Has she ever overstayed?

She has never been to USA. US Embassy directed us to get travel clearance via DS-160 aplication to apply for B2, later to B1 which they denied at the interview instantly without a question, stating that no visa is being currently issued. ESTA has been valid and all conditions are met. No advice from Department of State, no advice from Bureau of Consular affairs...agencies are passing the this situation around. I would like to know how can anyone travel subjected to PP 9993 proclamation exemption.

Crazy Cat Grand Master

Crazy Cat   42,035

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12 minutes ago, Bearslayer said:

which they denied at the interview instantly without a question,

Sounds like the CO considered her a risk to illegally remain in the US. The PP is irrelevant without out a proper travel document or ESTA....or am I missing something?

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

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Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Bearslayer Rookie

Bearslayer   1

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6 minutes ago, Lucky Cat said:

Sounds like the CO considered her a risk to illegally remain in the US. The PP is irrelevant without out a proper travel document or ESTA....or am I missing something?

of course they did consider her a high risk is she is traveling to visit her husband, ESTA was issued back in March and so was PP9993 and we got separated around the same time till September, when I returned for her. Nowadays airports need Embassy's clearance and Embassy directs to B  visa process which they of course deny in instance. They don't offer any other way to clear for travel under ESTA, noone seems to know, info is inconsistent. B visa process is set to fail in this instance, how can it not

 

HRQX Veteran

HRQX   4,145

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39 minutes ago, Bearslayer said:

She has never been to USA. US Embassy directed us to get travel clearance via DS-160 aplication to apply for B2, later to B1 which they denied at the interview instantly without a question,

First you should check if her ESTA is still valid after B-1 denial. Call CBP's Traveler Communications Center at (202) 325-5120. If it's still valid, then she should book a trip to the US.

12 minutes ago, Bearslayer said:

Nowadays airports need Embassy's clearance

No. Airlines can contact CBP (through RCLG, for example) not the Embassy. CBP manages ESTA system. Follow London's tips: "Do not attempt to check in for your flight online if you have an ESTA registration." https://uk.usembassy.gov/information-for-nonimmigrant-visa-applicants-following-the-coronavirus-covid-19-outbreak/ Your wife should carry copies of documents that show your LPR status and your marriage.

Edited by HRQX
Bearslayer Rookie

Bearslayer   1

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2 minutes ago, HRQX said:

First you should check if her ESTA is still valid after B-1 denial. If it's still valid, then she should book a trip to the US.

No. Airlines can contact CBP (through RCLG, for example) not the Embassy. CBP manages ESTA system. Follow London's tips: "Do not attempt to check in for your flight online if you have an ESTA registration." https://uk.usembassy.gov/information-for-nonimmigrant-visa-applicants-following-the-coronavirus-covid-19-outbreak/ Your wife should carry copies of documents that show your LPR status and your marriage.

I've checked with Prague airport also, clearing supervisors are directed by US Embassy to seek Embassy clearance in the passport with Covid stamp....No Embassy clearance-no boarding. USCIS would likely clear in secondary inspection, I've checked with them. officially translated marriage certificate is available but US Embassy stands in the way

 

HRQX Veteran

HRQX   4,145

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3 minutes ago, Bearslayer said:

I've checked with Prague airport also, clearing supervisors are directed by US Embassy to seek Embassy clearance in the passport with Covid stamp....No Embassy clearance-no boarding. USCIS would likely clear in secondary inspection, I've checked with them. officially translated marriage certificate is available but US Embassy stands in the way

As a Czech citizen, see if she can travel to Ireland. CBP officers are present at Dublin and Shannon for Pre-clearance.

 

But first make sure B-1 denial didn't result in ESTA revocation.

Edited by HRQX
Bearslayer Rookie

Bearslayer   1

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3 minutes ago, HRQX said:

As a Czech citizen, see if she can travel to Ireland. CBP officers are present at Dublin and Shannon for Pre-clearance.

 

But first make sure B-1 denial didn't result in ESTA revocation.

I've checked, B1 denial has no effect on previously issued ESTA. ESTA is solid, it would trigger secondary inspection upon arrival, where validity of ESTA would be questioned of course, findings would affirm that B1 was denied after Esta was approved with truthful answers in ESTA application 

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Crazy Cat Grand Master

Crazy Cat   42,035

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1 minute ago, Bearslayer said:

I've checked, B1 denial has no effect on previously issued ESTA

Are you sure about that?   

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Bearslayer Rookie

Bearslayer   1

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9 minutes ago, HRQX said:

As a Czech citizen, see if she can travel to Ireland. CBP officers are present at Dublin and Shannon for Pre-clearance.

 

But first make sure B-1 denial didn't result in ESTA revocation.

We were gonna go through Warsaw, I am not sure if Ireland wouldn't have similar instructions from your US Embassy...

 

 
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