ESTA denied, Visa already >6months (!) in Administrative processing, help!

[Boiler 45,482]

https://esta.cbp.dhs.gov/faq?lang=en&focusedTopic=About ESTA and The Visa Waiver Program&answerToDisplay=How does Cuba’s designation as a State Sponsor of Terrorism impact my travel to the United States under the Visa Waiver Program%3F

 

How does Cuba’s designation as a State Sponsor of Terrorism impact my travel to the United States under the Visa Waiver Program?
The U.S. Department of State designated Cuba as a State Sponsor of Terrorism (SST) on January 12, 2021.

With limited exceptions, a traveler who is found to have visited Cuba on or after this date is not eligible for travel under the Visa Waiver Program (VWP) using an Electronic System for Travel Authorization (ESTA) and must apply for a visa to travel to the United States.

Additionally, a traveler who at the time of application for an ESTA holds dual nationality with both a VWP country and Cuba is not eligible for travel under the VWP using an ESTA and must apply for a visa to travel to the United States.

If an ESTA has already been approved and it is later determined that the traveler has been present in Cuba or holds dual nationality with both a VWP country and Cuba, the ESTA will be revoked.

Ineligibility for an ESTA is not a bar to travel to the United States. Individuals who are not eligible to travel under the VWP may apply for a visa at any U.S. embassy or consulate.

For additional information about travel eligibility under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act, please visit: https://www.cbp.gov/travel/international-visitors/visa-waiver-program/visa-waiver-program-improvement-and-terrorist-travel-prevention-act-faq

[EagerVisa 1]

Hi friends,

 

I have an update on my case. After more than 9 months waiting in Administrative Processing, I finally got an email from the Embassy (Amsterdam, NL) with instructions to send in my passport, mentioning they expected to return it with my tourist visa in it afterwards!

 

YAY! You would say? Well, I send in my passport with new pictures and supporting documents (but maybe not all documents, the instructions were not very clear) and now I got a message they will return my passport without a visa, and I am put under Admin Processing again...

 

Hoping the reason behind this is just some missing hardcopies of some supporting documents, such as the confirmation I paid my fees etc which you normally suppose to bring to the interview (which was all done already), I asked the consulate for the reason and which documents they like me to include.

 

I now got a reply that they, at this moment, do not need any documents, my case is under Administrative processing again, and this process is done by the department of homeland security hence there is no expectation how long this is going to take.

 

I am so confused now. 2 weeks ago clearly it was expected to issue my visa, I send in my passport, now they return it without and homeland security is involved (again)? Any ideas on the possible reasons behind this? I still hope it might be missing supporting documents/hard copies,  but I would not expect homeland security to be involved then?

 

Thank you so much for your replies and all the best,

 

 

 

[OldUser 6,639]

3 hours ago, EagerVisa said:

I am so confused now. 2 weeks ago clearly it was expected to issue my visa, I send in my passport, now they return it without and homeland security is involved (again)? Any ideas on the possible reasons behind this? I still hope it might be missing supporting documents/hard copies,  but I would not expect homeland security to be involved then?

Not sure why you're confused? As stated earlier in the thread, there's no right to US visa. It's discretionary. DHS doesn't want you to visit the US based on your travel to other places. It's possible you'll get the visa in the end, but I think the chances of success are minimal.

[SalishSea 17,824]

8 hours ago, EagerVisa said:

Hi friends,

 

I have an update on my case. After more than 9 months waiting in Administrative Processing, I finally got an email from the Embassy (Amsterdam, NL) with instructions to send in my passport, mentioning they expected to return it with my tourist visa in it afterwards!

 

YAY! You would say? Well, I send in my passport with new pictures and supporting documents (but maybe not all documents, the instructions were not very clear) and now I got a message they will return my passport without a visa, and I am put under Admin Processing again...

 

Hoping the reason behind this is just some missing hardcopies of some supporting documents, such as the confirmation I paid my fees etc which you normally suppose to bring to the interview (which was all done already), I asked the consulate for the reason and which documents they like me to include.

 

I now got a reply that they, at this moment, do not need any documents, my case is under Administrative processing again, and this process is done by the department of homeland security hence there is no expectation how long this is going to take.

 

I am so confused now. 2 weeks ago clearly it was expected to issue my visa, I send in my passport, now they return it without and homeland security is involved (again)? Any ideas on the possible reasons behind this? I still hope it might be missing supporting documents/hard copies,  but I would not expect homeland security to be involved then?

 

Thank you so much for your replies and all the best,

 

 

 

If you sent in documents that were not required/requested, but that you “thought” would be helpful, they could have opened up another can of worms in terms of AP/background checks.

[EagerVisa 1]

On 7/17/2024 at 4:32 PM, OldUser said:

Not sure why you're confused? As stated earlier in the thread, there's no right to US visa. It's discretionary. DHS doesn't want you to visit the US based on your travel to other places. It's possible you'll get the visa in the end, but I think the chances of success are minimal.

 

Thanks for your reply. I understand there is no right to get that visa. What is confusing me, is why no decision is taken still after 10 months, then I get a message to send in my passport for visa issuance, and then something was again not right, and again we go in waiting time without needing more from me.

[SalishSea 17,824]

18 hours ago, EagerVisa said:

 

Thanks for your reply. I understand there is no right to get that visa. What is confusing me, is why no decision is taken still after 10 months, then I get a message to send in my passport for visa issuance, and then something was again not right, and again we go in waiting time without needing more from me.

If you had travelled during that ten month interval, that would do it.

[EagerVisa 1]

4 hours ago, SalishSea said:

If you had travelled during that ten month interval, that would do it.

that’s a very valid comment thanks!

I didn’t thought of that. I have traveled so that might be it.

hope I get new instructions soon.

[EagerVisa 1]

Update to my case. In the meantime, we are 13 months down the line in Administrative Processing, and 19 months since applying.

Another 2 moths have passed since the last request to send in my passport for visa issuance, but got it back again without a visa.

I filed a DHS Trip request as I still feel my the journey all started with an ESTA denial for the wrong reasons, which keeps following me.

The reply I got stated "I am not eligible for travel under ESTA but can apply for a Visa" and "after reviewing your case, we have made any corrections to records that our inquiries determined were necessary, including, as appropriate, notations that may assist in avoiding incidents of misidentification". I got a Redress Control number, which should help with that.

 

So: Now I start to think I may have been involved in some misidentification issues.

Or is a redress number something pretty standard for people to get after filing a DHStrip request?

I can only hope this will soon help speeding up my case, will keep you posted.

 

[SalishSea 17,824]

On 7/17/2024 at 4:19 AM, EagerVisa said:

Hi friends,

 

I have an update on my case. After more than 9 months waiting in Administrative Processing, I finally got an email from the Embassy (Amsterdam, NL) with instructions to send in my passport, mentioning they expected to return it with my tourist visa in it afterwards!

 

YAY! You would say? Well, I send in my passport with new pictures and supporting documents (but maybe not all documents, the instructions were not very clear) and now I got a message they will return my passport without a visa, and I am put under Admin Processing again...

 

Hoping the reason behind this is just some missing hardcopies of some supporting documents, such as the confirmation I paid my fees etc which you normally suppose to bring to the interview (which was all done already), I asked the consulate for the reason and which documents they like me to include.

 

I now got a reply that they, at this moment, do not need any documents, my case is under Administrative processing again, and this process is done by the department of homeland security hence there is no expectation how long this is going to take.

 

I am so confused now. 2 weeks ago clearly it was expected to issue my visa, I send in my passport, now they return it without and homeland security is involved (again)? Any ideas on the possible reasons behind this? I still hope it might be missing supporting documents/hard copies,  but I would not expect homeland security to be involved then?

 

Thank you so much for your replies and all the best,

 

 

 

They wanted to check your passport for recent travel…..

[apnzz 235]

11 hours ago, EagerVisa said:

I still feel my the journey all started with an ESTA denial for the wrong reasons

If they responded to the ESTA and said you're not eligible then you're simply not eligible, it doesn't really matter whether you think it was for the wrong reasons, ESTA is a visa waiver and not everyone is eligible for it, it doesn't really work the same way as an actual visa (which is also discretionary). So, even those who have had one in the past doesn't guarantee they will continue to be eligible as circumstances can change and it seems as if the facts / circumstances of your situation have caused them to deem you ineligible. 

 

I agree with Oldusers' response, from viewing this thread, imo chances of success at this point seem minimal. Doesn't mean it can't/won't happen. Just doesn't really seem like a positive outcome is at the end of this journey.

 

Hopefully it works out the way you want though  

[EagerVisa 1]

Thanks for your replies, means so much.

 

Hoping SalishSea is correct, and they are just checking my latest travels currently. 70 days have past, so hope its going to be clear soon.

 

Does anyone know an answer to the Redress number question: Is that a common / standard thing travelers can get, or is that only done in cases where there is an actual system misidentification?