Grounds for ESTA denial?

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Old Jun 1st 2011, 6:08 pm
  #1  
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Default Grounds for ESTA denial?

Hi,

My ESTA recently expired, I am due to travel to the US again and I am wondering if my situation might lead to my ESTA application being denied.

Six years ago I did a J1 summer work and travel, for which I fulfilled all requirements and left the US before the visa expired.

Since then I have travelled to the US every year for a holiday under the VWP and have always been admitted. However, in October, 2009, I was sent to secondary screening in JFK because of a 'flag' on my name with regard to my J1 visa. Neither the primary nor the secondary officer said they could explain what the flag was or why it hadn't been an issue during my previous trips to the US. After some questioning, the officer said he would try remove the flag and let me through.

The next time I travelled to the US (last December) I was again sent to secondary screening and this time the officer said it was because my J1 was flagged as "incomplete". Again, they said they would try remove the flag and they let me through.

I have since submitted a TRIP inquiry which is still "in process" and I am told it can take up to a year.

I need to go to the US again and I am concerned that my ESTA will be denied. I don't know how my programme could possible have been "incomplete", nor why this flag only appeared 4 years after my J1. I am assuming since I was admitted that this is not regarded as a major offence, but I am concerned that when it comes to the ESTA application it would be grounds for denial.

Does anyone know if this is the case? Or do you have any other relevant information?

Ultimately, I will have to just submit the ESTA but I would like any possible feedback beforehand.

Thanks a million!
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Old Jun 1st 2011, 6:40 pm
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Default Re: Grounds for ESTA denial?

As you said, there is absolutely nothing that you can do other than apply for ESTA again and see what happens. The sooner you do that the sooner you will know what the answer is.
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Old Jun 1st 2011, 8:22 pm
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Default Re: Grounds for ESTA denial?

I am trying to remember who said that the future cannot be predicted until it is past. Just apply and see what happens.
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Old Jun 1st 2011, 10:14 pm
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Default Re: Grounds for ESTA denial?

Thanks for your responses guys.

I did submit my new ESTA application earlier and, thankfully, it was approved instantly. So that answers that question. I'm sure I'll have to go through secondary screening again but hopefully it'll just be the same as the last two times.

Thanks!
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Old Jun 1st 2011, 11:41 pm
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Default Re: Grounds for ESTA denial?

Considering all of your prior trips to secondary and then entering successfully, you have likely been more thoroughly vetted than 99% of all ESTA applicants.
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Old Jun 2nd 2011, 1:58 am
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Default Re: Grounds for ESTA denial?

I'm gonna share my experience, which is not exactly the same as yours but there are some similarities.

I was a F-1 student for many years (Undergraduate + Graduate studies), but it wasn't until the last two years of my F-1 that I started getting secondary screenings whenever I entered the U.S. I was also given a vague explanation about some irregularities in my F-1 record on SEVIS, and I was repeatedly asked about my graduation date, what I have done since then, etc. I was initially told to talk to my school about correcting the records, but the international student office found nothing wrong with the record.

Since graduation, I entered the U.S. just fine for at least three times under VWP, though I was still required to go through secondary screening each time.

Then I filed a TRIP complaint, attached records of my transcipts, diploma, other relevant info. A few months later I got a generic letter saying that they could neither deny or confirm any red flag on my record, but if there was an error, it would be corrected. Since then I have entered the U.S. twice WITHOUT going through secondary.
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