lansbury

That is a moot point, without an ESTA the airline will not let her travel.

coopa_troopa

Understood. Just thought is there some reason why some get ESTA approved and others don't who give the same answer on the form. No doubt I'm overthinking it but was asking does ESTA know something we don't when they have your passport number etc.

lansbury

It depends on the circumstances surrounding that particular answer. In this case having the visa cancelled, and for the reason given, I would guess the system has the person by name, date of birth, passport number etc blocked.

crg

You had asked if a denial of a visa would always lead to denial at the POE. I was merely pointing out that the denied ESTA will often prevent the person from arriving at the POE at all.

According to the guidance online, a person with a denied ESTA is required to obtain a visa prior to seeking entry at a POE in the future. The air carrier will often deny boarding to a VWP applicant who is not ESTA approved.

If the mother was successful in obtaining the ESTA, did she intend to return the child to attend school in the US without authorization? Enrolling in elementary school as a visa waiver visitor would be a violation of status and transporting such a person to the US with the intent to violate the VWP could be considered alien smuggling and lead to a lifetime bar for the mother.

Hopefully the L-1 problem can be fixed, but a consulation with a qualified immigration attorney would be highly advised. This problem could mushroom into a huge mess if not handled properly and have serious consequences.

coopa_troopa

Thank you and yes, you are right. Said consultations will begin on Tuesday, after the holiday.

Forgive me for my ramblings, but I'm just a grandmother who doesn't know what else to do other than vent and "talk" about it on here.

I just want my family back

CAProgrammer

ESTA - Electronic System for Travel Authorization. When you apply for ESTA you are applying for permission to travel to the USA. If ESTA is refused you have been refused entry to the USA so you are not supposed to arrive at the POE.

Arriving at the POE after ESTA has been denied is equivalent to someone from a country that doesn't participate in the VWP arriving at the POE without a visa. I'm pretty sure your daughter-in-law will not be allowed to enter....

As someone else already said she won't be allowed to even board the plane as the airline is responsible for taking the passenger back to their home country if they are refused entry.

CAProgrammer

+1.

Also, the child is only 5, missing a couple of months of school isn't going to damage his education forever; and it is definitely not worth the risk to the mother.

CAProgrammer

I was just wondering what your immigration status is in the USA? If you or your husband are US citizens you should be able to petition for your son's family to immigrate.

It won't resolve the current issue, but I think a married child over the age of 21 has a long waiting period and if that petition was ongoing in the background it would eventually allow them to immigrate to the USA.

coopa_troopa

We are LPR's since 2006. Never applied for naturalisation.....wish we had now

Jerseygirl

How can someone without a visa arrive at a US POE without ESTA approval?

JAJ

If you became LPR in 2006 and have been in the USA since then, you're only recently eligible for naturalization - perhaps apply now?

S Folinsky

Assuming everything else is in place, it seems that 2011 was the first year you could apply for naturalization. Once naturalized, each of you [both you and your husband] can then file individual I-130's for your son. It is a backlogged category and is of no immediate help -- but it does secure the place in line.

BTW, I do not know any of the facts -- I know that sometimes various members of a family will use the family business to immigrate two generations of the family. Remember the discussion above "without prejudice." When I was in practice, I would see, on occasion, a revocation metastacize to take down other family members.

I'm glad the consultations are being made. I wonder what other land mines may be in the case. Again, I don't know.

coopa_troopa

It's a thought, yes. I'll go look at some info now, will give me something to do.

Expecting to find there's several years wait but at least it's another avenue.

coopa_troopa

Oh no, nothing like that. I'm an RN and my husband is a retired Paramedic.

We came here in 2006 prior to the Schedule A visa category becoming retrogressed. I was sponsored by my employer.

CAProgrammer

Swim there?

Nowadays airlines don't allow you to get on the plane before checking for your visa (or ESTA) in most cases but in the past they used to allow you to travel there and they never used to demand that you have a visa.

Even now there must be some way of getting to a country without a visa as many poor/persecuted asylum seekers probably don't have the money to apply for a visa...