JamieTT

I've been to the US many times on ESTA and have never overstayed or got into trouble. However last year when I was due to go my ESTA was revoked (after I'd used it to travel already once). Never received any explanation why it was revoked. But I had to apply for B1/B2 visa for what was an upcoming business trip earlier this year. The interview seemed fine, but I was given a 221(g) form stating the officer wanted to see my ACRO. Which I supplied about a week later ("No Trace").

That was in March 2019, and the application has been in "Adminstrative Processing" ever since.

I understand that no one knows anything about AP and it can take years. My question is how long people have been waiting? Is 7 months normal or excessive?

I've emailed the petitions address a couple of times but they of course say they know nothing, nothing they can do, please stop asking. Note I'm a British citizen born in the UK, no criminal record. (I really wish I knew what I'm supposed to have done wrong, because I have literally no idea)

shiversaint

I don't think anything is really "normal" when administrative processing is involved because we, as outside observers, have no real idea of how the processing works and of course no idea what the true reason for it in your case is.

When you say your ESTA was revoked - what exactly happened? Was it simply that you submitted another ESTA application and it was declined?

There are a handful of people who have had long AP experiences on this forum but I don't think any or many have come back to tell us what happened. You either get through it and they issue you a visa or you get through it and they deny you. I think there was another thread last year where someone had been waiting for 9 months with no knowledge as to why, and I'm pretty sure it was for a work visa. I also think they got it in the end. I think in general, and I mean really general, if there's no genuine reason why you would be refused a visa, it'll probably work out in the end. There's no telling how long that'll take, and you are right in that it can go on for years.

It's possible that the ACRO request is because they think you might be someone else, probably because of the same name, that has come under scrutiny of ICE or USCIS.

JamieTT

I stupidly didn't check the ESTA online before I went to the airport, thinking it had at least a year of validity left on it. It would have had a year of validity, but at some point between my previous flight and the flight I was planning to make it had been revoked (I didn't get any email or reason). So when I was at the check-in desk I received the news that I wouldn't be flying that day.

Same name might be an issue - James is common and so is my surname. Don't they also check date of birth etc? I can't believe they would strike out all the James T's in the world.

shiversaint

When you say "thinking it had at least a year of validity" - are you sure about that? There's no possibility that you tried to fly after it expired? I'm curious what you were told at the check-in desk.

Did you try to apply for ESTA again between going for the B1/B2 interview? Did the consular officer refer to anything about your ESTA being revoked? I'm asking these questions as I'm wondering how conclusively you determined that you are no longer allowed an ESTA or whether this was just pieced together from what you were told at the check-in desk.

We know that the mechanisms they use to detect risky individuals are quite broad - they would rather inconvenience many individuals than accidentally let someone in that they don't want.

JamieTT

ESTA lasts for 2 years and I'd obtained this one exactly one year previously, so I assumed it had another year to go. At the check-in desk it was "computer says no" with no explanation at all. I had to phone the travel agent from the airport who indicated it might be an ESTA problem, and then I checked on the ESTA website and found it had been revoked. I didn't apply for the ESTA again. Never had any explanation for why the ESTA was revoked, nor is there any factor I can think of that makes me a risky individual.

JamieTT

Do you know what sort of factors they would be looking at? I don't have a criminal record, or been arrested or done anything wrong apart from a few parking tickets. I've not been to any middle Eastern countries. I shouldn't have to say this, but I'm white British and if my family was any more Anglo-Saxon we'd all have to be buried in a long barrow.

shiversaint

You're right about the 2 year thing but I was just wondering how sure you were that you were in date.

It's a bit late now but I definitely would have tried to re-apply for an ESTA at the point you found it was revoked.

It's not that you are risky, it's just most probable that you have some sort of likeness to someone that is risky.

Either that or it was some sort of genuine error that resulted in your ESTA being removed, and the embassy are as confused as you are, hence extended AP status and the ACRO request as they are trying to put 2+2 together. Given it's a tourist visa, you're on the bottom of the pile in terms of importance.

I know it's not the answer that you want, but there is one common thing for basically all extended AP experiences: there is a level of "what on earth is going on here". Unfortunately you're very unlikely to ever get an answer to that question, and there's nowt you can do but be patient.

shiversaint

This forum takes a pretty ambivalent view to the idea that you should probably be under less scrutiny for being or not being a certain race. Whilst certain individuals may face more scrutiny as a result of their background, by and large, everyone who ends caught in the system gets treated the same. Hundreds of thousands, if not millions of individuals are processed by USICS/ICE/DHS every year, and the idea that a subset of society would more easily sail through would be impossible to implement without serious public backlash, irrespective of the political climate. The vastness just prevents it being practical to achieve.

Individuals deemed at risk come in many shapes, sizes and forms, and the mechanisms that aim to prevent them entering the US are applied very liberally, with a wide net. This means you are as likely as I am, or the stereotype of someone who might be prevented from entering the U.S., from getting caught in the system. There's nothing you can do.

tht

shiversaint

I see your point and agree with it, but it's not really what I'm saying, particularly given he's had his ESTA revoked....

I'm saying the mechanisms that assess risk are so wide net, it's blind to these aspects. Once you're in the system, it doesn't matter who you are.

JamieTT

I certainly didn't mean to say that I expected free access to the US because of race, just to make the point that if they are doing racial profiling as one of their factors (and I don't think they should - but probably they do) then as I understand how it works that probably wouldn't be the factor.

Interesting what tht says about people believing they have a right to travel. I myselfdidn't give it a second thought until I was refused. I suppose many people don't think about it.

tht

JamieTT

10 months and still waiting. The company I work for (which is US based) has filed a petition with one of the senators in the state where they are based because so many of their non-US employees are in this situation. We'll see if that has any effect.

civilservant

Unlikely I'm afraid. All USCIS has to say is 'National Security' and that'll be the end of that.

shiversaint

I wonder if it's something to do with your employer. We haven't seen a marked uptick in AP on this forum really, and I think we would if it was something happening to everyone. Sounds a bit suspicious that lots of your colleagues are in the same position. Might explain why your ESTA was revoked.