Previous visa refusal - ESTA?

Old Dec 5th 2014, 9:27 am
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Default Re: Previous visa refusal - ESTA?

Originally Posted by Qantasflyer View Post
Authorisation approved!

I decided to submit an application even though I have not booked my plane tickets seeing as though they don't ask for an actual itinerary. After submitting my application I had a 'pending' status. A few hours later it became 'approved.'

I read a few posts on here that suggests I'd need to bring some documents to prove my intent to return to Australia. Aside from a confirmed ticket leaving the US, what else should I be expected to show to CBP at port of entry? Payslips from my employer, mortgage documentation, property ownership at home etc were cited as necessary evidence to demonstrate an intent to depart the US according to a few other threads on this topic - are these really necessary or am I needlessly stressing myself out?
Well done on waiting for the esta to be approved before buying a ticket which you might not be able to get back or get visas for in time. Always get things like done before you book anything.
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Old Dec 5th 2014, 1:22 pm
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Default Re: Previous visa refusal - ESTA?

Originally Posted by Qantasflyer View Post
I suppose I'd have to rectify the mistake somehow?
No, you don't. It's a non-issue. You're still the same person.

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Old Dec 8th 2014, 12:56 pm
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Default Re: Previous visa refusal - ESTA?

Sadly CBP has responded recommending that I re-apply with the correct names of my parents. I think I may just do that for my own peace of mind. Kicking myself for not picking this up when triple checking my application before submission.
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Old Dec 8th 2014, 1:37 pm
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Default Re: Previous visa refusal - ESTA?

I understand your point of view, but since it's just a recommendation and not a requirement, you still don't have to make any changes. Also, government agencies can be wrong in their advice; they are not actually the best person to go to when you have questions.

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Old Dec 8th 2014, 2:18 pm
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Default Re: Previous visa refusal - ESTA?

Originally Posted by Qantasflyer View Post
Sadly CBP has responded recommending that I re-apply with the correct names of my parents.
They lied to you. They are allowed to lie to you. They lied either because they don't know any better, or because they want to give the impression that they know more than they actually do. They lied... because it was the easiest thing for them to do.


I think I may just do that for my own peace of mind.
This is always your choice... but it's really a complete waste of time and effort. It will make no difference whatsoever to your authorization to travel.

What will you do, I wonder, if ESTA is subsequently denied because of the change? You can't blame the CBP for pushing you in that direction... because the US Supreme Court has stated that it is your own fault if you act on any advice from a US government employee... no matter if that advice was well-meaning in intent, or if that advice was completely wrong.

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Old Dec 8th 2014, 6:57 pm
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Default Re: Previous visa refusal - ESTA?

Umm, ok. I hadn't thought about the possibility that ESTA could be denied with the change.... I've not come across anecdotes about folks in the same situation (as the parents' names fields are new) so I'm somewhat nervous. The CBP's website does state that ESTA needs to be re-done if the mistake relates to biographical info that appear in my passport, and I suppose that does not include the names of my parents which don't appear in my passport...

Last edited by Qantasflyer; Dec 8th 2014 at 6:59 pm.
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Old Dec 8th 2014, 7:43 pm
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Default Re: Previous visa refusal - ESTA?

Originally Posted by Qantasflyer View Post
CBP's website does state that ESTA needs to be re-done if the mistake relates to biographical info that appear in my passport, and I suppose that does not include the names of my parents which don't appear in my passport...
There y'go... now you're thinking appropriately. It's not an issue.

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Old Dec 8th 2014, 8:24 pm
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Default Re: Previous visa refusal - ESTA?

Ian are you an immigration attorney by any chance? Just wondering.

I've honestly never encountered as many 'legal minefields' (backed up with at times very vague publicly available guidelines) entering a country as I have with the US. And I've travelled to 34 countries in the world including those that unambiguously require a visa like China. Were it not for the fact that I miss shopping in SoHo and the general awesomeness of NYC I would have picked another place for my own sanity! I'm sure the entry process will be fine as it always has been once I get there, it's just the 'getting there' seems so daunting like visiting a fortress:

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Old Dec 8th 2014, 9:56 pm
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Default Re: Previous visa refusal - ESTA?

Originally Posted by Qantasflyer View Post
Ian are you an immigration attorney by any chance?
I am not... however, two of our active members are. There were also two other attorneys who were members - one hasn't posted for over 4 years now although his name is still held in high regard... and the other was "run out of town" by some of the members here because they didn't like the way she characterized them.

As an aside, there was another member - a long, long time ago - who often acted as if she practiced law... but she was an idiot! The long-time members herein know of whom I speak!


I've honestly never encountered as many 'legal minefields' (backed up with at times very vague publicly available guidelines) entering a country as I have with the US.
You need to know that US immigration law is written specifically to keep non-US citizens out of the US... unless they fall into one of several very narrowly-defined categories.

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Old Dec 8th 2014, 10:07 pm
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Default Re: Previous visa refusal - ESTA?

Interesting. Been a while since I posted on BE and before I had to bother with ESTA I mainly hung out in the Australia forum so wouldn't know of these folks you speak of.


Originally Posted by ian-mstm View Post
As an aside, there was another member - a long, long time ago - who often acted as if she practiced law... but she was an idiot! The long-time members herein know of whom I speak!
Haha, every internet forum seems of have one of those!

Originally Posted by ian-mstm View Post
You need to know that US immigration law is written specifically to keep non-US citizens out of the US... unless they fall into one of several very narrowly-defined categories.
I can accept OTT laws and policies, but at least the publicly available references and guidelines should be as clear and accurate as possible.

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Old Dec 8th 2014, 10:12 pm
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Default Re: Previous visa refusal - ESTA?

Originally Posted by Qantasflyer View Post
I can accept OTT laws and policies, but at least the publicly available references and guidelines should be as clear and accurate as possible.
I agree... but the vague laws allow the CBP officers the widest-possible latitude to do their job - which is, by the way, keeping non-US citizens out of the US. But, at least there is symmetry!

Ian

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Old Dec 8th 2014, 10:25 pm
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Default Re: Previous visa refusal - ESTA?

Originally Posted by Qantasflyer View Post
Ian are you an immigration attorney by any chance? Just wondering.
Even if he was, he is not YOUR attorney and he certainly isn't giving legal advice. Even if he is right most of the time.
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Old Dec 8th 2014, 11:35 pm
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Default Re: Previous visa refusal - ESTA?

An even finer point....
Thanks for the informative posts as always, especially Rene and Ian. It's at least armed me with sufficient information to interpret CBP's frustrating Double Dutch! My own silly mistake in this instance, I'll quadruple check everything in future!

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Old Dec 9th 2014, 12:25 pm
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Default Re: Previous visa refusal - ESTA?

Their latest pearl of wisdom, clear as mud! The first 2 sentences contradict.

If you have an approved ESTA, you will be able to travel. If your application contains incorrect information, you must submit a new application. Erroneous or incorrect information can cause delays at check-in and/or upon arrival in the United States.
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