Presidential Proclamation 9993 and ESTA

[Bearslayer 1]

2 minutes ago, HRQX said:

USCIS doesn't deal with ESTA. Call CBP's Traveler Communications Center at (202) 325-5120.

 

40 minutes ago, HRQX said:

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.

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.

This was fruitful and exact, I did exactly that and I was told exactly as you stated. I am not sure what RCLG stands for and neither does Traveler's Communication center. Only airlines supposedly know. I hope that this wasteful Embassy drag didn't create new problem. I am still hesitant but much more hopeful. Would you know what to expect upon arrival ? many thanks!!

[Just Paul 4,595]

4 minutes ago, Bearslayer said:

RCLG

Regional Carrier Liaison Group.  If you ever have an issue with a check in agent just ask for the station manager and then ask the manager to verify RCLG.  You will get a weird smile

[Just Paul 4,595]

8 minutes ago, Bearslayer said:

Traveler's Communication

will tell he if her ESTA is still valid.

 

Hey, I'm so and so and I just wanted to verify of my esta is valid.

Edited September 17, 2020 by Paul & Mary

[geowrian 22,338]

1 hour ago, Bearslayer said:

and looking at ESTA system, it stand as approved still

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

Edited September 17, 2020 by geowrian

[SusieQQQ 11,587]

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 refusal odd. If they gave her an interview, they would have been prepared to issue. They wouldn’t waste time on an interview otherwise, this is why so many embassies are not providing such interviews except under emergency circumstances. They’re not going to have someone interview just to tell them no visas are being issued.  The website for the embassy in Prague says “As of July 15, 2020, the U.S. Embassy in Prague is resuming certain immigrant and nonimmigrant visa services. ” The FAQ indeed shows embassy clearance for ESTA or previously issued visas is required. So I tend to think she was considered an overstay risk and therefore denied a B. 

Edited September 17, 2020 by SusieQQQ

[Bearslayer 1]

5 hours ago, geowrian said:

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

No, I am not aware of this requirement

[Bearslayer 1]

5 hours ago, SusieQQQ said:

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 refusal odd. If they gave her an interview, they would have been prepared to issue. They wouldn’t waste time on an interview otherwise, this is why so many embassies are not providing such interviews except under emergency circumstances. They’re not going to have someone interview just to tell them no visas are being issued.  The website for the embassy in Prague says “As of July 15, 2020, the U.S. Embassy in Prague is resuming certain immigrant and nonimmigrant visa services. ” The FAQ indeed shows embassy clearance for ESTA or previously issued visas is required. So I tend to think she was considered an overstay risk and therefore denied a B. 

Seems that Embassy has turned PP9993 into commercial enterprise. Interviewing officer denied instantly staing that no visa is being issued at this time. B1/2 application is designed on assumption of immigration and applicant must demonstrate otherwise. Once she stated she is going to visit husband, it was over, they wouldn't look at any documents what-so-ever. To them, the ties with home country are weak under Immigration and nationality Act section b14. However ESTA requirements are met, return ticket, etc. They simply do not want to consider and even see any documents. Visa B1/2 process is with direct conflict with PP9993

[HRQX 4,145]

18 minutes ago, Bearslayer said:

No, I am not aware of this requirement

Technically it's not an update. It's a new application that "may be required": https://esta.cbp.dhs.gov/faq

When do I need to reapply for an ESTA?

A new travel authorization may be required in any of the following circumstances:

• The traveler is issued a new passport
• The traveler changes his or her name
• The traveler changes his or her gender
• The traveler's country of citizenship changes; or
• The circumstances underlying the traveler's previous responses to any of the ESTA application questions requiring a "yes" or "no" response have changed.

It's now "Yes" for "Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?"

[Bearslayer 1]

5 hours ago, SusieQQQ said:

So I tend to think she was considered an overstay risk and therefore denied a B. 

you are on the point! how can one assure that return flight will happen since the ticket issued in february 2020 has been cancelled, re-issued, amended...several times. Plus we have airport restrictions, destination airport had to be changed due to that as well. One has to keep readjusting any travel plans on a dime. Plus we have upcoming election and who know what mess will follow after that with who knows what mandates. This was mentioned to the interviewing officer. I am pretty sure this could be the cause for denial. However per advise of you guys I was advised by Travelers Communication center that everyone with ESTA and marriage documents have been cleared to travel so-far. I do Understand that ESTA itself doesn't create a right to visit, however pp9993 does so I am hopeful. We were led into a wrong process I tend to believe. Travelers Comunication center was VERY CLEAR, that only Embassy is out of this and it is ONLY RCLG who clears passengers with ESTA. I hope it's not another dead end

[SusieQQQ 11,587]

24 minutes ago, Bearslayer said:

B1/2 application is designed on assumption of immigration and applicant must demonstrate otherwise. Once she stated she is going to visit husband, it was over, they wouldn't look at any documents what-so-ever. To them, the ties with home country are weak

So, two things. Well three I guess.

1. If they had this conversation they were certainly considering whether she could get a visa, and not using it as a “money making enterprise”. She clearly did not just walk in to be told they were not issuing anything. They had the “do you qualify for a visa” conversation.

2. Immigrant intent is a well established factor in immigration law and this is always the case, that you have to prove home ties. It is also often the case that documents are not looked at, for a variety of reasons, including that most of what they need to know is on the DS160

3. If you head over to the tourist forum, there are a number of recent threads/posts about people successfully being allowed to visit their usc/LPR spouses on either ESTA or B visa.
 

I don’t mean to sound harsh, I know this must be really disappointing/frustrating/heartbreaking. But they think she doesn’t have enough ties and, I think, because f2a is currently banned for visa issuance but is ok for adjustment of status within the US, there is probably added concern about her incentive to stay in the US once there. I hope you can figure out a way to visit her or meet in a third country soon (easier said than done with current travel restrictions, I know )

Edited September 18, 2020 by SusieQQQ

[Bearslayer 1]

10 minutes ago, HRQX said:

 

 

 

A new travel authorization may be required in any of the following circumstances:

• The circumstances underlying the traveler's previous responses to any of the ESTA application questions requiring a "yes" or "no" response have changed.

MAY BE is a broad term here and one can only assume what that means. I really don't know how can anyone know if the travel dates may be forced to be changed since I have dealing with just that for several  months. Had to change airports, had to charge airlines, had to change dates, had to split the route into 2 routes and combine them...not easy 

Edited September 18, 2020 by Bearslayer

[SusieQQQ 11,587]

6 minutes ago, Bearslayer said:

I do Understand that ESTA itself doesn't create a right to visit, however pp9993 does so

Nothing creates a right to visit. Just a possibility of doing so. Again, other normal conditions for admission have to be met.

 

8 minutes ago, Bearslayer said:

Travelers Comunication center was VERY CLEAR, that only Embassy is out of this and it is ONLY RCLG who clears passengers with ESTA. I hope it's not another dead end

As I mentioned before this does not tie with the FAQ on Prague embassy website. It’s an unusual situation but it seems to be the case for them:

https://cz.usembassy.gov/information-on-travel-restrictions-faq/
Travelers with a valid ESTA, traveling under the Visa Waiver Program, may be eligible to travel to the United States, pending additional clearance by U.S. Embassy Prague.

 

 

[Bearslayer 1]

1 minute ago, SusieQQQ said:

Nothing creates a right to visit. Just a possibility of doing so. Again, other normal conditions for admission have to be met.

 

As I mentioned before this does not tie with the FAQ on Prague embassy website. It’s an unusual situation but it seems to be the case for them:

https://cz.usembassy.gov/information-on-travel-restrictions-faq/
Travelers with a valid ESTA, traveling under the Visa Waiver Program, may be eligible to travel to the United States, pending additional clearance by U.S. Embassy Prague.

 

 

yes, that is what is confusing. we had communicated with them and went through B1/2 process. You are right that she was considered overstay risk because she truthfully answered that even though return ticket is set, it could change, we all know that it can change, it had before, not once. It would be a lie to say "I am coming back exactly on the date I expect to come back"

[Bearslayer 1]

13 minutes ago, SusieQQQ said:

there is probably added concern about her incentive to stay in the US once there. I hope you can figure out a way to visit her or meet in a third country soon (easier said than done with current travel restrictions, I know )

where isn't added incentive "to stay" or "to not leave", either way/either side of the globe?? I was to be back in Czech in May and finally came in September to clear her way to come and stay with me in US for 3 month, but Embassy made the situation much worse... I will have to start K3 I suppose, or some other way to expedite this, right?

[Just Paul 4,595]

14 minutes ago, Bearslayer said:

I will have to start K3 I suppose, or some other way to expedite this, right?

There is a  better chance to get a B2 then a K3. But since you are an LPR k1 or k3 isn't an option.

 

She could have traveled to the US on her ESTA anytime by going to Mexico, or another non banned country, and staying 14 days.

 

I'm not sure why trying to get a B2 was done.  If she had an ESTA it's dangerous to try to change.