tyrian

Hello,

I am a British Citizen, living and working in Canada on a temporary work permit. As a part of my job, I have visited the US on probably 10 occasions over the last 18 months (each time for five days or less, to attend conferences or give sales presentations).

Each time I have been eligible under the VWP after applying on the ESTA website (i.e. updating with new addresses, flight numbers). I have always been authorized immediately.

However, yesterday I updated my destination information on the ESTA website for a trip next week, but authorization was denied; I was directed to apply for a visa from a US Embassy.

Ancillary information:

* I crossed the US border into Canada in October 2009, and retained my I-94 (valid until 24th January 2010) card in my passport. On 4th January I posted my I-94 to the DHS in Kentucky (as per https://help.cbp.gov/cgi-bin/customs...hp?p_faqid=752) with proof I had activity outside the US: credit card statement, photocopy of all non-blank pages from my passport (which included a dated stamp indicating entry into Canada in November 2009, returning from another trip abroad).

* I am of Pakistani origin, but born and raised in the UK. My name triggers some kind of watchlist, so I can never use the automatic check-in machines at airports for travel to the US; I have to be checked-in manually (but have never had any intense secondary screening or anything like that).

* I have never been arrested or committed/convicted of any crime, or overstayed in the US. I have never been denied a visa or admission for any country etc. I'm as straight up as they come.

Questions:

* Can I find out why my ESTA/VWP was denied, and if so correct it? Is the appropriate route for correcting incorrect ESTA/VWP information via the DHS TRIP website? If so, are there any success stories of successfully applying for ESTA/VWP after doing so?

* Is there any way I can speak to a CBP official (or anyone) official to plead my case? An office I can go to?

Please note that I'm not complaining about the right of the US to deny ESTA/VWP entry to anyone. I appreciate they are doing a difficult job in maintaining the security of the US.

Thank you for any and all advice.

Tyrian

JAJ

You need to apply for a visa, until you become a Canadian citizen. I didn't think you needed to update ESTA more than once every 2 years.

tyrian

JAJ

I always updated the ESTA with new address, flight numbers, just to be on the safe side.

I understand I will need to apply for a B1 visa if I can't get VWP access to the US. However, I wanted to know why ESTA was denied and if there were any steps I could take to gain ESTA approval and VWP travel in the future.

Tyrian

S Folinsky

Observation: once granted, ESTA is good for two years. There are consulates in Canada. No advice given nor intended.

meauxna

You found the DHS TRIP site; that's the only place I've heard of to get answers from. Good luck.

lifehouse51

From the TRIP website, you can file a complaint even for "You were not able to print a boarding pass from an airline ticketing kiosk or from the Internet as a result of some type action taken by Homeland Security"

They didn't specify VWP denial as something TRIP can take care of, but I don't see any harm trying to file a complaint as well.

I just submitted a TRIP complaint as I was constantly required to go through secondary screening, apparently due to a screw up in my F-1 student record. If you do file a complaint, I suggest scanning the required documents and email them to TRIP instead of snail-mailing them. They were able to start processing 1 day after I email them my stuff.

My complaint's still pending...we'll see how useful this new system is.

tyrian

lifehouse51

I've just submitted a complaint to DHS TRIP. I selected "Other" as a category, but the form didn't ask me to send them any ID. However, I scanned in my bio page from my passport and emailed it to them anyway, together with my redress number.

Lets see how it goes.

I respect the right of the US to deny ESTA/VWP travel to anyone, but apart from having to mail in my I94 to the DHS in Kentucky, I can't see any reason why I would be denied.

S Folinsky

Aphorism in addition to prior observation: "Don't put a stick in a hornets' nest." Second observation -- CBP has offices on the ground in Canada -- they are called "Pre-flight Inspection."

No advice given nor intended.

tyrian

Thank you for your reply.

I'm not quite sure what you're getting at with your aphorism. Could you please be more explicit.

In reference to your second observation, I called the Toronto Pre-flight Inspection Office (got the number from http://www.cbp.gov/xp/cgov/toolbox/c..._locations.xml) , and I spoke to a receptionist; after explaining the situation, the only advice provided was to file a complaint via DHS TRIP.

lifehouse51

Don't forget that you also have to print out a copy of the inquiry confirmation page, sign and date it, then scan it and email it to TRIP as well. Without that, they can't start processing. Although not asked for, I also scanned stuff relevant to my student record as I know that's where the screw up it. It can't hurt I guess.

After that, you can check the status on: https://trip.dhs.gov/status.htm
with your redress number

tyrian

lifehouse51

I used the online form to file a complaint. I wasn't requested to print, sign, date and scan anything. I thought that's only a requirement if you're "unable to complete the online form" as stated here: http://www.dhs.gov/files/programs/gc_1169826536380.shtm

Tyrian

Ginblossom

Ty, good to see you aren t complaining but taking proactive steps to remedy your situation.

But I have a question - you said your name triggers on a watchlist, how do you know this?

md95065

Folinsky is an immigration attorney, but he isn't your attorney and he is trying (although apparently not successfully) to make it clear that he is not giving you any kind of legal advice or opinion ...

lansbury

As has been said by other ESTA is valid for 2 years.

It might just be that 10 applications from the same person in 18 months is what has caused the system to reject you this time.

tyrian

Apologies to Mr Folinsky (and to all) for not quite getting his hints. I'll try to be sharper in the future