ESTA Denied

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Old Jul 27th 2018, 8:17 am
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Default ESTA Denied

Hi,

My wife and I have a holiday to America booked for the end of August. Flights, seats for the flights and accommodation is all booked and paid for.

We’re both in our mid thirties, British born and have both been to America before. My last trip was in 2015 on business, and my wife’s last trip was a long time ago with her parents for a holiday.

In 2012 we went on holiday to the Sudan to visit my father in law who was working out there trying to reduce his retirement age somewhat.

Under the change of law in 2016, we no longer qualify for the visa waiver program, so have applied for visas and have interviews booked for 30th July. The interview is only a few days away so we’re getting a bit nervous.

I don’t know much about the interview process, and reading stories online doesn’t feel productive as people tend not to write about their experience unless they have a complaint to air. Certainly, I seem to have read more horror stories then success stories.

Anyhow, I’ve painstakingly gathered a lot of documentary evidence of wealth (our ability to pay for the trip even though I have the receipts of booking payment), I have some evidence of ties to my home country and some evidence backing up our reason for the visit to the Sudan.

For ties to england, I have a letter from my employer stating that I’ve been in post since 2002 so that should help and I’ve printed landlord statements to prove I have houses which generate income, but can’t provide any mortgage statements because I don’t have any. I’ve also printed a loan statement for the car, would a photo of the car help or the logbook? People have said no to car evidence, but it’s a fairly special and expensive car. Any thoughts?

For proving my trip to the Sudan was genuine, all I really have is a copy of my father in laws employment contract, and my word. Is there anything else I could take?

People I’ve spoken to so far have given advice along the lines of “they’ll take one look at your application and approve it”. The trouble is, all of the people who say that know I’m honest, hard working and definitely not interested in overstaying my welcome in the USA; but it all counts for nothing if I can’t prove it to the interviewer. Any advice would be much appreciated.

Mat
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Old Jul 27th 2018, 9:04 am
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Default Re: ESTA Denied

Dont overthink this. Its an interview and they will ask certain questions. If you have evidence that trip to Sudan was genuine to visit a relative then I wouldn't worry about it. If living and employed in the UK and no criminal record and been admitted to the US before then that is all in your favour. They are looking for individuals who may pose a threat to security hence they targeted certain countries for extra scrutiny. Yes you will be nervous but IMHO you have nothing to worry about.
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Old Jul 27th 2018, 10:45 am
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Default Re: ESTA Denied

N your case they are not looking for evidence to overcome the assumption that you will overstay (although every visitor is silently assumed to be an intending immigrant, your case is somewhat different). That applies mostly to people going to visit family, friends and lovers in the USA as this group is at highest risk of overstay. Along with those from economically disadvantaged countries. Working people travelling as a family group from the U.K. traditionally have a very small chance of overstay - especially as you have no direct route to legal residency. This is barely even going to be given any thought by the interviewer.

The only reason you have to apply for a visa is because of the Sudan. But for that visit, you'd be on the VWP and would be sailing through the CBP checkpoint upon arrival like the millions of other British holidaymakers each year. So no need to show evidence of a car, etc. Bring it if it makes you feel more comfortable but the focus of the questioning is going to be the reason for your trip to the Sudan, not yoir likelihood of returning to the U.K. at the end of your stay.
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Old Jul 27th 2018, 11:10 am
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Default Re: ESTA Denied

Thanks very much for both replies. Whilst thinking about it over the last few weeks, I had figured that if a resident from a VWP country is applying for a visa, the interviewer will focus on the reason for inelligability. That's certainly what I'd do if I was conducting the interview.

I'll report back after Monday to post my experience. Regardless of the outcome, hopefully it will help anyone else in the same position.
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Old Jul 27th 2018, 12:56 pm
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Default Re: ESTA Denied

Originally Posted by Mat_r
I'll report back after Monday to post my experience. Regardless of the outcome, hopefully it will help anyone else in the same position.
It is always good to get follow up posts to show how the initial issue was resolved. Complete information is so much better than being left with loose ends.
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Old Jul 27th 2018, 4:19 pm
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Default Re: ESTA Denied

Why did you book the trip without having the visa approved first? It's a bit risky if, for example, the interviewer wants further information and puts you in AP - that could jeopardise your planned trip.
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Old Jul 27th 2018, 4:32 pm
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Default Re: ESTA Denied

Originally Posted by materialcontroller
Why did you book the trip without having the visa approved first? It's a bit risky if, for example, the interviewer wants further information and puts you in AP - that could jeopardise your planned trip.
The answer to that question is immaterial to the interview or OP's questions.
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Old Jul 27th 2018, 4:34 pm
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Default Re: ESTA Denied

Sudan was dropped from the travel ban list in March, 2017. So why would you trip cause your ESTA to be denied. Or did you actually apply for an ESTA or just assumed that you would be denied and filed for a B visa.

Last edited by Rete; Jul 27th 2018 at 4:37 pm.
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Old Jul 27th 2018, 4:57 pm
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Default Re: ESTA Denied

Originally Posted by shiversaint
The answer to that question is immaterial to the interview or OP's questions.
Trying to find out why they've put the cart before the horse and potentially put themselves at risk of being unable to travel (not to mention the costs and stress involved) is not immaterial.

This forum has, for many years, followed the golden rule of telling applicants not to book travel until they have an approved visa.
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Old Jul 27th 2018, 5:14 pm
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Default Re: ESTA Denied

As we've both traveled to America before, we just wrongly assumed that the ESTA application would be approved without issue like before. I'll bet that there are thousands of people who book holidays to the USA without their ESTA, but obtain one later without issue. I'm not saying that our approach to booking this holiday is the correct approach, it was just something we never considered would happen. Lesson learnt and our wallets are a touch lighter because of it.

I don't see that we're at risk though, not from a health point of view anyway. The thing at risk is our enjoyment for two weeks in California and the loss of money spent.

Rete, I know what you mean and had read the same about the Sudan being dropped from the banned list last year. Unfortunately the question on the ESTA application is still there and it covers travel to the Sudan since March 2011. We both applied for the ESTA, and were both denied and have to now pursue the visa route.
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Old Jul 27th 2018, 5:33 pm
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Default Re: ESTA Denied

I've never had to apply for an ESTA to use the VWP as I'm an American and thus am not familiar with the questions asked. Does it also ask you for the date of travel? If so and I know you went in 2012 then you certainly went during the ban period and I can understand why it would be denied. If it doesn't ask for the travel date, then the State Department needs to update their ESTA forms.

I understand you both are UK born and British citizens but do either of you hold citizenship and/or passport in another country that is on the ban list?
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Old Jul 27th 2018, 6:17 pm
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Default Re: ESTA Denied

Originally Posted by Rete
Sudan was dropped from the travel ban list in March, 2017. So why would you trip cause your ESTA to be denied. Or did you actually apply for an ESTA or just assumed that you would be denied and filed for a B visa.
The OP's ESTA was correctly denied based on the 2015 law passed by Congress, any travel to Sudan after March 1, 2011 is a cause for ineligibility for a visa waiver.

https://www.cbp.gov/travel/internati...ention-act-faq
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Old Jul 27th 2018, 6:47 pm
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Default Re: ESTA Denied

Originally Posted by Rete
Sudan was dropped from the travel ban list in March, 2017. So why would you trip cause your ESTA to be denied.
There is a difference between the countries on the banned list, and those which a visit too precludes the issue of an ESTA.
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Old Jul 27th 2018, 9:42 pm
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Default Re: ESTA Denied

I don’t have any dual nationality causing me problems, but I have read that it would cause the same denial of travel. So it’s definitely the visit to the Sudan which has caused the ESTA problem. I mean, it went from being fine in 2015 and not fine in 2018, my circumstances haven’t changed, but the law has.
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Old Jul 27th 2018, 9:59 pm
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Default Re: ESTA Denied

PS the form does ask for travel dates. What is interesting about that point is that the visa application form only asks for a list of countries visited in the last 5 years. Which of course doesn’t include the Sudan as that was 6 years ago now.
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