Malcolmans

Hi,

I hope the nice and friendly people on this forum are well.

A had a couple questions about the plight of my family. The facts in brief:

1. My dad and sister were denied boarding a US bound flight from Melbourne out of the blue last year. No reason given (just shown a DHS email to the airline asking them to refuse boarding), even though my dad had renewed his ESTA just 2 days before.

2. They applied for a B1/B2 visa at the consulate in Melbourne and, as expected, were handed an Admin Processing slip.

3. That was almost 9 months ago! All attempts to expedite the process or get any kind of information have hit a brick wall, with electric barbed wire on it! Even US Congressmen who made enquiries on their behalf, were basically given the middle finger by DHS.

My (specific) questions are as follows and I'd appreciate your feedback:

A) Is there any way we can find out WHAT caused the original revocation of ESTA and the subsequent prolonged Admin Processing status? Specifically, can they make a Freedom of Information Act (FOIA) request, for instance, with DHS even though they are not American citizens? We don't even know who was 'flagged' since my sister was 17 at the time.

B) Is it not unusual for a Australian B1/B2 non-immigrant visa application would take 9 months (and counting) under admin processing? What I can't figure out is why not just refuse the visa application instead of making them wait this long while the consulate holds the passports?!

Any further insight as to what (if any) they can do would be much appreciated.

BTW: None of the two has ever broken any laws, made any false claims, or overstayed their visas, etc. Again, we cannot think of any reason to explain the red flag status.

Thanks

civilservant

A) No

B) 9 months is not unusual at all.

Do they have middle eastern or Islam style names, or previous travel to the area?

There is nothing at all you can do to expedite the process, for the US AP is used to ensure national security so for them 'it takes as long as it takes'.

scrubbedexpat099

9 months is very unusual for Australians.

Malcolmans

That's my point. Had they been from Pakistan or Sudan, sure. But Australian citizens (born and raised) just doesn't seem like it would be the norm.

So, I take it that a FOIA is not available to non-citizen/residents of the US? What if an American files the FOIA?

Thanks

Malcolmans

They've traveled to the area, as they have traveled to some 40 countries, including the US many times (on VWP).

scrubbedexpat099

Odd

FOIA can take a year and then may not answer the question.

Malcolmans

"Odd" pretty much sums it up (plus a pain in the a**!)

Any idea why the applications aren't just denied? That's the part that gets me.

civilservant

I wonder if there is a problem with the surname, if it has somehow become linked to someone on a no-fly list? Being denied boarding with a valid ESTA (meaning someone somewhere went out of their way to e-mail the airline) is something I haven't heard of before.

Michael

I don't have any idea but if it was denied without an investigation, then it would be likely that the person would be permanently banned from the US and suspect Homeland Security doesn't want to take such drastic actions without performing an investigation. Unfortunately the wheels turn slowly.

Noorah101

There probably is not a clear reason for denial. The applicant doesn't have a communicable disease, a criminal history which prohibits obtaining a visa, or any other glaring reason for visa denial.

Rene

Malcolmans

Thanks for the feedback. You are right, but here's how I think about it:

Either X is not eligible for a visa, or ineligible. Either way, I suspect that it shouldn't take 9 months to answer that question, especially since if someone so much as smells fishy, they'll deny the visa.

Isn't it possible that the application is in bureaucratic limbo, sitting on someone's desk somewhere? Can a lawyer get to the bottom of the matter and resolve the case one way or another in the US?

Malcolmans

Considering that Nelson Mandela was banned from the US up until about 5 years ago, it shows how the system is broken.

Sure, but 9 months for an Australian seeking a B1?

Noorah101

Possibly, but not probably if the issue is Admin Processing.

No. A lawyer can find out whether the case is in Admin Processing or not, but if it is, that's it. Nothing can be done once it's put into AP.

Rene

scrubbedexpat099

The really odd thing is that it is both of them.

customsquestion

Yet the OP, the son does not appear to be banned? really strange that is 2 people maybe even the entire family?. Are any of your family or family friends known to Australian Federal Police for any reason? Have they ever been suspected of drug smuggling. Could anything have happened involving any friends or a member of your family and an american citizen, maybe someone incorrectly feels your family may or may not pose a threat to an individual american citizen for some reason? Do you donate money to any charities that work in the middle east?