TeresaB

Hi,

I am totally in shock that the ESTA system just denied my request for travel authorisation.

I was intending to travel for the Summer with my three kids. We were denied a visitors visa in March 08 (I had applied for a six month visa to visit our holiday home, and we were in the process of selling our UK home at the time. I homeschool my kids and my husband is the breadwinner - these were all red flags for the visa issuing officer and I was ignorant at the time.). I had no intent to immigrate but I did fail to prove sufficient ties for the above reasons.

Having said that we then spent three months over the Summer and two in the Winter travelling on the VWP with no problems.

I also travelled alone to Las Vegas a few weeks ago for a long weekend with friends. I had no problems there either - neither with the ESTA, nor at immigration control. I have never even been for secondary questioning.

I just don't understand why this has suddenly been denied.

Can anyone advise ? Can you question the ESTA ?

If I apply again for a B visa yes, I have a home here in the UK. But I am still a stay at home mother and homeschool my kids.

Am I screwed ?! Somebody help !!

meauxna

Why did you reapply for ESTA if you already had a clearance (valid for 2 years, yes?).

TeresaB

Hi,

I guess because it was a new trip, and because I had to file for the kids (who didn't accompany me to Vegas.

Did I confuse the system ?

Thanks for your response by the way

ian-mstm

I understand from an earlier post that you were approved by ESTA in April. I believe that approval is valid for 2 years. Why did you feel it was necessary to apply again?

Ian

ian-mstm

Can you apply for the children only?


That's my guess.

Ian

TeresaB

so what do I do now ?

any suggestions ?!

TeresaB

They are all separate applications so the kid's applications were already separate from mine. Separate numbers, everything. How can they turn down approval for a three year old ?!

I would really appreciate any advice anyone can give as to where to go from here.

Many, many thanks for your input.

meauxna

I think you are going to have to do some digging... because ESTA is still quite new, the answers to questions like yours aren't obvious and there aren't a lot of first-hand experiences floating around.

I see in the ESTA FAQs a reference that might help you:

How can a traveler find out the reason an ESTA application was denied?
A: DHS has carefully developed the ESTA program to ensure that only individuals who are ineligible to travel to the United States under the VWP or those whose travel would pose a law enforcement or security risk are refused an ESTA. Travelers who want to find out the reason their ESTA application has been denied must file a request with the DHS TRIP redress program. ( DHS TRIP ) There are no guarantees that a request for redress through DHS TRIP will resolve the VWP ineligibility that caused an applicant’s ESTA application to be denied.

Please note, U.S. Embassies and Consulates are not able to provide details about ESTA denials or resolve the issue that caused the ESTA denial. U.S. Embassies and Consulates process applications for non-immigrant visas. If approved, a non-immigrant visa will be the only way a traveler whose ESTA application was denied will be authorized to travel to the U.S.

TeresaB

Thanks for the TRIP info. It actually doesn't have an option for ESTA complaints, but I tried to put it through on the closest category I could.

I checked my initial ESTA approval (from April) on-line and had the response 'authorisation revoked.'

Can anyone explain to me how this system works ? I just don't understand how the same information got an approval a few weeks ago and is now suddenly being denied ? Did they change the system ? Did it take this long for our denied visa application to get into the system ? I am so confused !

Anyway, it seems as though I can no longer travel under the VWP so I guess I have to apply again for a B visa.

Bearing in mind I was declined last time under 214b - what are my chances ? Will my travel to the USA over the last twelve months count against me, or go in my favour (as I have always complied with VWP conditions) ?

I have a home here in the UK, but I am a stay at home mother and my kids are homeschooled. How can I prove ties to establish intent to return ?

Can anyone advise ? I just want a holiday with my kids !!

Ray

how many days have you spent in the US in the last year


http://travel.state.gov/visa/frvi/de...ials_1361.html

TeresaB

Hi Ray,

Thanks for your response

I was there for almost 90 over the summer, then 70 over Christmas and 4 days in April.....164 out of what will be 365 on 1st June.

Does that help ?

Ray

Hardly the normal tourist stays
thats probably the reason rightly or wrongly...
presuming you have no undislosed other reasons

You have no option really but to apply for the B-2 again ...

TeresaB

Hi Ray,

No, I have disclosed everything. Quite simply, we have a holiday home there..the kids are homeschooled so we can travel as and when, but my husband has a full time job in the UK so this is our home, here in the UK. He is the breadwinner, we have family here, etc.

But I agree, it isn't a traditional pattern because we don't have a traditional lifestyle (being homeschoolers, etc).

How can I show this when I apply for a B visa ? Last year I shot myself in the foot by declaring we were selling our family home (we were just moving and completed the sale on that shortly after our visa was denied) and I understand that this was a big red flag. But I still am a stay at home mother and have homeschooled children - so how can I approve ties ? How can I prove no immigrant intent ?

ian-mstm

It looks like you're about 2.5 weeks shy of spending more time in the US than outside the US. It seems as though the Embassy has concluded that you are, in fact, trying to live in the US.

Ian

TeresaB

Hi Ian,

Thanks for your reply. So what do you suggest ?

Wait ? Re-apply for a visa ?