Presidential Proclamation 9993 and ESTA

[HRQX 4,145]

7 minutes ago, Paul & Mary said:

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

That's doing too much. Spouses of LPR are clearly exempt from PP 9993 restriction. Going through CBP Pre-clearance is more straightforward. Entry is still subject to the CBP officer's decision.

Edited September 18, 2020 by HRQX

[HRQX 4,145]

1 hour ago, SusieQQQ said:

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.

It wouldn't be the first time a US Embassy gave dubious info about ESTA and Proclamation 9993. 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.

Edited September 18, 2020 by HRQX

[Bearslayer 1]

4 hours ago, Paul & Mary said:

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. 

This was the clearance procedure. Embassy let us to it. Esta is irrelevant to them and they directed us to B1 process when we claimed PP9993 exemption. It's like PP9993 gives only right to apply for B1 and not pure clearance for travel on ESTA. Our first flight is to Warszaw and I'm considering getting there on land and get clearance by RCIG there based on docs we have, unless they require clearance by embassy also. Last option would be Istanbul and stay there for 2 weeks

[SusieQQQ 11,587]

6 hours ago, HRQX said:

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?"

OP, has this update been done?

[Bearslayer 1]

UNFAIR! efforts are officially over, ESTA is over also. Embassy states that it is automatically revoked. Hard to believe that all this for to us unknown reason, except the age gap based suspicion and discrimination I must suppose.  1 minute interview consisting of 2 questions equals life changing result. Sickening.  I'll fly back and start process  for green card and keep traveling back forth till it's done or abandon my green card I have for 20  years , no other choice left here. 

 

From your experiences, how long does it take after filing I-129 or I-130 to be able to get her on the plane? A year? More? 

Edited September 18, 2020 by Bearslayer

[carmel34 3,650]

36 minutes ago, Bearslayer said:

 

From your experiences, how long does it take after filing I-129 or I-130 to be able to get her on the plane? A year? More?

As an LPR, your only option is to file an I-130 petition for your wife if you want to start the legal immigration (green card) process for her to live in the US legally with a CR-1/IR-1 visa.  Best guess right now is at least a year for the entire process--from filing the petition, petition adjudication and approval, NVC, scheduling the interview, then interview at the consulate/embassy abroad, visa approval, visa issuance, and the one plus year estimate is if all goes well and there are no issues like RFEs, backlog for interviews at the consulate/embassy abroad because of the current pandemic, etc.  The timing also depends on when the F2 category visa is available--right now it is current but this could change and push the timing to as much as 2 years.  I recommend that you file an I-130 petition for her ASAP and keep visiting as often as you can so that you can show this evidence at the visa interview abroad, whenever that happens.  Also front-load your petition with evidence of time spent together (sounds like you have lots of that), plus any documents showing financial co-mingling.  Good luck!

[Ontarkie 14,378]

~~MOved to TOurist Visas, from Bringing Family of Permanent Residents- as the topic is about tourist visas.~~

[Orangesapples 1,954]

58 minutes ago, Bearslayer said:

UNFAIR! efforts are officially over, ESTA is over also. Embassy states that it is automatically revoked. Hard to believe that all this for to us unknown reason, except the age gap based suspicion and discrimination I must suppose.  1 minute interview consisting of 2 questions equals life changing result. Sickening.  I'll fly back and start process  for green card and keep traveling back forth till it's done or abandon my green card I have for 20  years , no other choice left here. 

 

From your experiences, how long does it take after filing I-129 or I-130 to be able to get her on the plane? A year? More? 

Are you planning on filing for naturalization? 

[Calicolom 266]

17 hours ago, Bearslayer said:

 

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!!

GOOGLE

[SusieQQQ 11,587]

1 hour ago, Bearslayer said:

age gap based suspicion and discrimination 

Discrimination? Against Czechs? Never heard that one before.

 

Age gap is totally irrelevant to a tourist visa. It may (may , not will) be relevant for the spousal visa. How long have you been married? You said she’s never visited the US before?

 

Again, we can understand you are annoyed and frustrated, but you are far from the only couple where the overseas spouse has been unable to visit during the process. There will be plenty of support on VJ both to guide you through the technicalities of the spousal visa process, as well as “emotional” support from all the other couples who know how hard lomg distance relationships are.  Good luck.

[retheem 568]

20 hours ago, Bearslayer said:

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. 

Petition for her and apply for citizenship. Simple solution.

[Bearslayer 1]

2 hours ago, SusieQQQ said:

Discrimination? Against Czechs? Never heard that one before.

 

Age gap is totally irrelevant to a tourist visa. It may (may , not will) be relevant for the spousal visa. How long have you been married? You said she’s never visited the US before?

 

Again, we can understand you are annoyed and frustrated, but you are far from the only couple where the overseas spouse has been unable to visit during the process. There will be plenty of support on VJ both to guide you through the technicalities of the spousal visa process, as well as “emotional” support from all the other couples who know how hard lomg distance relationships are.  Good luck.

I realize that, not in national interest, just unexpected, totally unexpected. thank you all, I'll be reaching out for guidance. I am glad I've found this platform. Overflown with frustration. just finished building a house, joy has turned into pain...

[Crazy Cat 42,035]

1 minute ago, Bearslayer said:

I realize that, not in national interest, just unexpected, totally unexpected. thank you all, I'll be reaching out for guidance. I am glad I've found this platform. Overflown with frustration. just finished building a house, joy has turned into pain...

Unfortunately, separation during the process is part of the norm for many of us.   

[Bearslayer 1]

12 hours ago, Orangesapples said:

Are you planning on filing for naturalization? 

seems like the only option left. I was gonna do  it eventually but it was not a priority yet as we were focused on getting the trip accomplished that was scheduled from February and everything went to hell from there. 2 months of separation turned to 6 months and now into who knows what. I can't stay in Czech for too long. With her ESTA it was a perfect blend. I could stay for a month or 2 in Czech and she could stay in US for 2-3 months on ESTA. I have ties to US and she has ties to Czech. She has a daughter in Czech and leaving her behind for 3 months was a huge undertaking. Visitation schedule was restructured, we are lucky that everybody involved including her daughter's dad is cooperating.  We had flexibility that was taken away from us in 1 minute by interviewing officer who does not care for any of that and does not want you to demonstrate those ties. I don't know what other ties one has to demonstrate to disprove immigration assumption. The system is discriminatory. At this point, I am not even certain if this event is not the end of my own US journey that started back in 1997. Life is too short to be unhappy.. 

[HRQX 4,145]

14 hours ago, Bearslayer said:

ESTA is over also. Embassy states that it is automatically revoked.

It costs no more than $14 to re-apply for ESTA. Whatever Embassy said about her ESTA, it cannot be definitive since ESTA system is managed by CBP.