jeffreyhy

My guess is that somehow your relatives have been confused with others who have done some of these things, and sorting out who is who can sometimes be difficult and time consuming.

Regards, JEff

Malcolmans

Thanks to all for your help and advice. Just wanted to update you on the situation.

We have yet to hear from the embassy re the visa application, but my dad tried to apply for ESTA (and provided info on being denied boarding) and to our surprise.. it was approved after a review that took 2 days! (my face actually resembled my avatar)

This is really weird. Here's a timeline of events:

Dad's ESTA gets revoked for no apparent reason while headed to US
He applies for B1/B2 visa at embassy, gets slapped w/ Admin Processing
Many months on, the visa application still pending AP
He reapplies for ESTA and it gets granted after review

I guess my question is, can he actually use the new ESTA and fly to the US?

Any thoughts???

Noorah101

On the new ESTA he filled out, how did he answer the question about ever having been denied a visa to the USA? yes or no?

Rene

Malcolmans

He answered Yes and stated the port where his ESTA was revoked (ie. Melbourne).

What's really strange here is how DHS clears him, thus granting ESTA, but not enough to resolve the Admin Processing issue that has prevented his visa from being issued for months!

Noorah101

That's a bit of an odd answer, though. ESTA is for VWP travel, which is the Visa Waiver Program, meaning no visa was required, issued, or used. So an ESTA (or VWP) being revoked does not result in a denied visa. So thinking just of that particular occassion only, his answer should have been "no", he has not been denied a visa to the USA.

I was thinking more of his unresolved current B-2 application. Until a visa is clearly approved, it is considered denied, from what I understand. This is the one I was thinking he'd say "yes" to.

Probably a case of different departments working on different things and not communicating.

Rene

Malcolmans

The question itself is confusing, but the end result is the same. ie. they've stated that they have had a visa refused. Now once a 'Yes' answer is given to this question, and the application shows a 'Pending' status, my guess is someone physically reviews the application for ESTA. After the review for it to be approved, should mean a great deal, no?

It means DHS has no problem with the applicant from their standpoint.

So can he now fly to the US in your view?

Thanks

lansbury

He has an approved ESTA so the assumption would be the airline would allow him to board and fly. The question should be will he get past CBP at the US end and be admitted.

In the words of Harry Callaghan "Do you feel lucky"

customsquestion

There is always the possibility that the new ESTA could be revoked again just as he goes to board....

Malcolmans

True, but the same applies for when you have a valid visa. There is still no guarantee that you'll enter the country. But is there any indication that he is now 'less likely' to be let in due to his previous revoked ESTA?

Also, I should point out that he had applied for redress under DHS TRIP, and while DHS didn't offer more than a standard response of how he is not permanently forbidden from entering the US and that he should apply for a visa, could that have resolved whatever problems he had?

Malcolmans

Given the sorry state of America's bureaucracy, I wound't be surprised if he was denied once again. But the difference is this time he's applied for a visa (i.e. provided more information about himself in the application process than he could remember about himself) AND applied for redress. It would be stupid to see DHS approving his ESTA, only to turn around and revoke it yet again!

lansbury

Well in that case he wouldn't have an approved ESTA at that point. The question ask was could he travel on the approved ESTA.

lansbury

True, but in my opinion and it is no more than that, he has a greater chance of being refused entry in his current circumstances, than if he had a visa. Just had likely he is to be refused is anyone's guess. This is one of those circumstance that if he decided to travel on the ESTA going via Dublin and US immigration there should be seriously considered as an option.

jeffreyhy

Dublin is kind of a long haul from Melbourne though, isn't it? (Not sure, every one knows that we Americans aren't too swift when it comes to world geography.)

Regards, JEff

Bootle

There's a Dublin in South Australia, but I doubt they have a preclearance facility.

Michael

About 6 months ago, someone posted on BE that he was in AP on a H-1B visa for about 6 months and wanted to visit the US so applied through ESTA and was approved. He then entered the US without issues on the visa waiver program.

So I'm not sure how everything works. Common sense would seem to dictate that if one visa was being held up due to AP, you'd think he'd be refused entry on the visa waiver program but in his case, that didn't happen.