Waiver

[midge and isi 8]

Hello,

My brother-in-law who has become a naturalized (fall 2011) UK citizen has attempted to get ESTA to come to the states. When he does the online application he has not been approved. He has written to the embassy with no luck.

Does anyone here have experience as a naturalized UK citizen not being able to get ESTA paperwork?

He has a clean criminal background. He did have a US fiance at one time but she terminated the application (he isn't sure if petition was approved or not when cancelled).

Any suggestions on how he should go about this?

[Rebecca Jo 1,962]

If your ESTA is refused, you don't write to the consulate.

http://www.dhs.gov/dhs-trip

[aaron2020 11,651]

Hello,

My brother-in-law who has become a naturalized (fall 2011) UK citizen has attempted to get ESTA to come to the states. When he does the online application he has not been approved. He has written to the embassy with no luck.

Does anyone here have experience as a naturalized UK citizen not being able to get ESTA paperwork?

He has a clean criminal background. He did have a US fiance at one time but she terminated the application (he isn't sure if petition was approved or not when cancelled).

Any suggestions on how he should go about this?

The fiancée petition shows he has immigrant intent. It's probably why his ESTA was rejected or will be rejected.

He should file for a US visitor visa if his ESTA has been rejected.

ESTA/VWP is the short cut alternative to getting a visitor visa. One cannot ask for a review of the short procedure when there is a regular procedure. If you don't qualify for the short procedure, then you have to go with the regular one.

Edited August 25, 2013 by aaron2020

[Rebecca Jo 1,962]

The fiancée petition shows he has immigrant intent. It's probably why his ESTA was rejected or will be rejected.

He should file for a US visitor visa if his ESTA has been rejected.

"Immigrant Intent" has nothing to do with it.

The K visa would have had to been denied for ESTA to be denied.

[midge and isi 8]

thanks--

that what i thought too-

even though he hasnt traveled he would still do the DHS TRIP?

[Boiler 45,663]

As has been said he either waits and re tries later or applies for a B2.

[aaron2020 11,651]

"Immigrant Intent" has nothing to do with it.

The K visa would have had to been denied for ESTA to be denied.

Did you read the part where his ex-fiancée withdrew the petition?????? NO DENIAL THERE!!!!!!

You don't need a denial of a K-1. The US citizen yanking it away does not help with ESTA.

ESTA is a privilege and not a right. So, a withdrawn K-1 is sufficient to trigger a red flag. And all you need is a red flag for a denial of ESTA because a person can always file for a B-2 visitor visa.

[midge and isi 8]

actually the usc has multiple men in her life come to find out---- so the withdrawal was because she sponsored someone else....

[aaron2020 11,651]

actually the usc has multiple men in her life come to find out---- so the withdrawal was because she sponsored someone else....

It doesn't matter why she withdrew the petition. It was withdrawn. Merely applying for the K-1 shows that he has immigrant intent. After all, wasn't the purpose of the K-1 so he can come and live in the US eventually?

There are essentially two lines to visit the US. The VWP and a visitor visa.

If the US suspects any reason further scrutiny is needed, then ESTA will be denied. The reason is that the person can always file for a B-2 visitor visa and have his circumstances be evaluated. That's how the two system works together. There is no need to set up an appeal system for ESTA when applying for a visitor visa serves the exact same purpose for a review.

Edited August 25, 2013 by aaron2020

[Rebecca Jo 1,962]

Did you read the part where his ex-fiancée withdrew the petition?????? NO DENIAL THERE!!!!!!

You don't need a denial of a K-1. The US citizen yanking it away does not help with ESTA.

ESTA is a privilege and not a right. So, a withdrawn K-1 is sufficient to trigger a red flag. And all you need is a red flag for a denial of ESTA because a person can always file for a B-2 visitor visa.

I don't believe it's accurate to say that a withdrawn petition would cause ESTA denial.

There can be any number of reasons for an ESTA denial. OP would be well served to file a USA TRIP request. The option exists for a reason. Not the least of which can be a false name hit.

It doesn't matter why she withdrew the petition. It was withdrawn. Merely applying for the K-1 shows that he has immigrant intent. After all, wasn't the purpose of the K-1 so he can come and live in the US eventually?

There are essentially two lines to visit the US. The VWP and a visitor visa.

If the US suspects any reason further scrutiny is needed, then ESTA will be denied. The reason is that the person can always file for a B-2 visitor visa and have his circumstances be evaluated. That's how the two system works together. There is no need to set up an appeal system for ESTA when applying for a visitor visa serves the exact same purpose for a review.

You are operating on supposition.

[midge and isi 8]

I don't believe it's accurate to say that a withdrawn petition would cause ESTA denial.

There can be any number of reasons for an ESTA denial. OP would be well served to file a USA TRIP request. The option exists for a reason. Not the least of which can be a false name hit.

You are operating on supposition.

thanks rebecca. and for not jumping to conclusion

[aaron2020 11,651]

"Immigrant Intent" has nothing to do with it.

The K visa would have had to been denied for ESTA to be denied.

I don't believe it's accurate to say that a withdrawn petition would cause ESTA denial.

There can be any number of reasons for an ESTA denial. OP would be well served to file a USA TRIP request. The option exists for a reason. Not the least of which can be a false name hit.

You are operating on supposition.

And you are operating under the mistaken belief that "the K visa would have had to been denied for ESTA to be denied." Aren't there other reasons????????

All we can do is guess why ESTA was denied. At this point, it's not even important. You might be right. I may be right. Who cares. Our opinions on this does not help the OP.

What is important is what can they do going forward. What are his options at this point?????? File for a B-2 visitor visa.

If you got anything else, please post it. What other actions can they take at this point?????

Edited August 25, 2013 by aaron2020

[Rebecca Jo 1,962]

thanks--

that what i thought too-

even though he hasnt traveled he would still do the DHS TRIP?

I would. Just to see what it reveals.

And I base that upon our negative experience with false name hits.

And you are operating under the mistaken belief that "the K visa would have had to been denied for ESTA to be denied." Aren't there other reasons????????

Furthermore, what are his options at this point?????? File for a B-2 visitor visa.

If you got anything else, please post it. What other actions can they take at this point?????

CBP explains in the ESTA FAQ that a visa denial will cause an ESTA denial. Not a withdrawn visa application.

His visa could have been approved, you know. Just because he didn't finish it up at the consular level doesn't affect USCIS approval. Two different agencies, you know.

As for other actions - I already explained that. File DHS TRIP.

Edited August 25, 2013 by Rebecca Jo

[aaron2020 11,651]

I would. Just to see what it reveals.

And I base that upon our negative experience with false name hits.

CBP explains in the ESTA FAQ that a visa denial will cause an ESTA denial. Not a withdrawn visa application.

His visa could have been approved, you know. Just because he didn't finish it up at the consular level doesn't affect USCIS approval. Two different agencies, you know.

As for other actions - I already explained that. File DHS TRIP.

And how does that get him closer to a means to visit the US?

Why waste time, money, and energy on DHS TRIP help??????? DID YOU BOTHER TO READ THE REQUIREMENTS????? NO.

From Homeland Security; http://www.dhs.gov/dhs-trip

Who Should Use DHS TRIP?

People who have been denied or delayed airline boarding; have been denied or delayed entry into or exit from the U.S. at a port of entry or border crossing; or have been repeatedly referred to additional (secondary) screening can file an inquiry to seek redress.

-----

So, please explain how DHS TRIP helps him?

[Rebecca Jo 1,962]

And how does that get him closer to a means to visit the US?

Why waste time, money, and energy on DHS TRIP help??????? DID YOU BOTHER TO READ THE REQUIREMENTS????? NO.

From Homeland Security; http://www.dhs.gov/dhs-trip

Who Should Use DHS TRIP?

People who have been denied or delayed airline boarding; have been denied or delayed entry into or exit from the U.S. at a port of entry or border crossing; or have been repeatedly referred to additional (secondary) screening can file an inquiry to seek redress.

-----

So, please explain how DHS TRIP helps him?

lol Aaron maybe you should calm down!

Look here:

https://help.cbp.gov/app/answers/detail/a_id/1074/~/esta-application-denied

Maybe the dude wants to know why he was denied? It doesn't cost anything to file a redress. So it's up to him if he wants to spend the time on it.