New ESTA application exempt from travel ban

[jimmyd123 7]

Hi Guys

 

I have just applied for an ESTA (expired back in Sep), my fiance who is a USC is giving birth to our daughter in early Jan so I should be exempt to travel having immediate family who is a USC. Will my ESTA be approved or are they denying all renewals of ESTAs? And I would have to appeal it?

 

If anyone has any info it would be great

 

Thanks

[Boiler 45,912]

Not sure a Fiancee is considered an immediate relative?

[designguy 1,179]

Your ESTA might be approved but that in itself doesnt give you a waiver from the restrictions. You will have to wait until after your daughter is born to travel.

 

You can't appeal an ESTA denial, you'd be applying for a B2 visa

Edited December 15, 2020 by designguy

[jimmyd123 7]

My daughter will be classed as an immediate relative once she. is born (from my understanding).

 

[Boiler 45,912]

20 minutes ago, jimmyd123 said:

My daughter will be classed as an immediate relative once she. is born (from my understanding).

 

I assume you were talking about the present?

[SusieQQQ 11,587]

58 minutes ago, Boiler said:

I assume you were talking about the present?

When he said “i should be” I interpreted that to mean he would be after the baby is born.

[Boiler 45,912]

2 minutes ago, SusieQQQ said:

When he said “i should be” I interpreted that to mean he would be after the baby is born.

I thought he was looking to go for the birth?

[SusieQQQ 11,587]

I didn’t infer that but reading back it could be ambiguous 

[Boiler 45,912]

4 minutes ago, SusieQQQ said:

I didn’t infer that but reading back it could be ambiguous 

Hopefully we can get some clarity what the plan is, and I thought most ESTA's were pretty instant? I used the VWP before ESTA so have no personal experience.

[designguy 1,179]

1 hour ago, Boiler said:

Hopefully we can get some clarity what the plan is, and I thought most ESTA's were pretty instant? I used the VWP before ESTA so have no personal experience.

Most approvals happen within an hour or so I believe

[JFH 12,191]

14 hours ago, jimmyd123 said:

My daughter will be classed as an immediate relative once she. is born (from my understanding).

 

Your previous posts mention that your name will not be on the birth certificate as you are not married. I’m not sure which state we are talking about and I have never given birth in the USA so have no experience of the process of registering a birth but that does seem somewhat odd, given that a large number of children are born out of wedlock these days. It’s hardly unusual. 

Edited December 16, 2020 by JFH

[SalishSea 18,073]

23 minutes ago, JFH said:

Your previous posts mention that your name will not be on the birth certificate as you are not married. I’m not sure which state we are talking about and I have never given birth in the USA so have no experience of the process of registering a birth but that does seem somewhat odd, given that a large number of children are born out of wedlock these days. It’s hardly unusual. 

A father is a father, regardless of whether he is married to the mother.  It most definitely will be on the birth certificate.

 

And without that, OP will not be able to establish that he is an immediate relative of a USC.

Edited December 16, 2020 by Jorgedig

[jimmyd123 7]

16 hours ago, Boiler said:

I thought he was looking to go for the birth?

Sorry I should have been clearer- this is to visit after the birth as then it would be classed as I have immediate family who is a USC. 
 

We called the hospital that my fiancé will be delivering at and they said that it will just have the mothers name as a parent and should I want my name on the certificate I must go to the registry/ office to present my ID to get added. Which is obviously a catch 22 situation as I need that to enter the US. My daughter will be taking my last name so I’m hoping I can present a copy of the BC and other docs (joint bank statement etc). 
 

the ESTA was approved so I’m hoping I will be able to travel to see her for the first time when she is due in a couple of weeks! 

Just now, jimmyd123 said:

Sorry I should have been clearer- this is to visit after the birth as then it would be classed as I have immediate family who is a USC. 
 

We called the hospital that my fiancé will be delivering at and they said that it will just have the mothers name as a parent and should I want my name on the certificate I must go to the registry/ office to present my ID to get added. Which is obviously a catch 22 situation as I need that to enter the US. My daughter will be taking my last name so I’m hoping I can present a copy of the BC and other docs (joint bank statement etc). 
 

the ESTA was approved so I’m hoping I will be able to travel to see her for the first time when she is due in a couple of weeks! 

I may add that this is New Jersey 

[Boiler 45,912]

Sounds like you would have to Quarantine.

[HRQX 4,145]

9 hours ago, jimmyd123 said:

the ESTA was approved so I’m hoping I will be able to travel to see her for the first time when she is due in a couple of weeks!

https://uk.usembassy.gov/visas/u-s-visa-and-travel-faqs/

If you travel, please follow the steps below:

• 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.
• You may also wish to carry a printed copy of the Presidential Proclamation itself.
• Your status will be reviewed in consultation with U.S. Customs and Border Protection (CBP) officials. Please note that smaller airports may not have CBP officials on site.
• If applicable in your case, your ESTA will be reinstated in order to allow you to board.

9 hours ago, jimmyd123 said:

I may add that this is New Jersey 

There is a self-quarantine but it's voluntary: https://covid19.nj.gov/faqs/nj-information/travel-and-transportation/are-there-travel-restrictions-to-or-from-new-jersey "The self-quarantine is voluntary"

9 hours ago, jimmyd123 said:

and should I want my name on the certificate I must go to the registry/ office to present my ID to get added. 

Even without the official registry process (being done before you arrive) you'll still be legally presumed to be the child's father if you either marry her (and then you officially acknowledge the paternity, etc. process) or you provide support to the child: https://www.lsnjlaw.org/Family-Relationships/Paternity/Pages/Paternity-in-NJ.aspx

Couples who marry after the birth of the child. If a man marries the mother after the child is born, a legal presumption arises only if

• He acknowledges the paternity in writing to the state Registrar,
• He seeks to have his name added as the father on the child’s birth certificate,
• He tells people that the child is his biological child, and
• He agrees to or is court ordered to pay child support for the child.

Unmarried parents. A man not married to the mother is legally presumed to be the father of the child if he both tells people that he is the father of the child and he provides support for the child, before the child turns 18.

 

You can marry in the US during your visit: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

Edited December 16, 2020 by HRQX