Visiting US LPR Husband under ESTA Whilst I130 is Under Review

[ytw95 3]

32 minutes ago, HRQX said:

Seems fairly common; thus why CBP put a FAQ on the ESTA site: https://esta.cbp.dhs.gov/faq

My ESTA was cancelled but I believe that I fall within one of the exemptions identified within the Proclamation – what should I do?

Individuals that believe they are exempt from these Proclamations and are abroad may contact their air carrier for additional guidance. Travelers who believe they fall within an identified exemption are encouraged to seek guidance in advance of planned travel to avoid travel disruptions.

Air carriers are directed to contact the RCLG for additional guidance.

Just spoke to virgin, a gentleman was extremely helpful over the phone, he informed me that Virgin and Delta actually dont use the RCLG (But KLM and Air France do ) so I will just have to wait and see what happens..

[ytw95 3]

28 minutes ago, SusieQQQ said:

 

Anyway as I see it there is zero she can do if her ESTA gets cancelled if she wants to fly soon. She can’t justify an emergency B visa appointment while she has an esta, and even if it gets revoked it’s not a life and death emergency visit. 

It's true, just have to phone up on the day and find out what my options are on the day...I'll update it then. 

[ytw95 3]

23 minutes ago, HRQX said:

When it happened to @FayeAlexandra: "I had a very teary two hour phone call with CBP and convinced them to give me a new ESTA."

I assume she called CBP's Traveler Communications Center.

I think phone them up directly will always help. I will try that if mine gets revoked, no harm in trying anyway. 

[SalishSea 16,770]

OP, why not try to depart from Dublin's pre-clearance?  That way you will know before a 5-10 hour flight whether you'll be admitted on that ESTA.  And if not, you could then try to get an interview for a B2 in LDN.

[ytw95 3]

15 minutes ago, Jorgedig said:

OP, why not try to depart from Dublin's pre-clearance?  That way you will know before a 5-10 hour flight whether you'll be admitted on that ESTA.  And if not, you could then try to get an interview for a B2 in LDN.

Good call, I’ll have a look into the Dublin situation. Also I filed DS -160 form today, unable to schedule for B2 interview as London embassy isn’t offering any to non emergency cases. Been on this thing all day, my brain is pretty much fried at this point. It shouldn’t be this difficult 😭😩

[FayeAlexandra 17]

4 hours ago, JFH said:

Good luck with that. I work for an airline and would never just take the passenger’s word for it that they are exempt from the ban. 

Its not a passengers word, its written in the proclamation. If you have an ESTA and fall under the exception you can travel

[FayeAlexandra 17]

On 7/22/2020 at 9:45 PM, Xyrstine said:

We have similar timelines and I also have to give in a 3 month notice. I personally was going to wait until I get an approval and for my visa to be sent to the NVC stage before I consider handing in my notice. Even then, I am aware it may be seen as slightly optimistic. I intend to work out of a full time role if that happens so I have more flexibity (work bank/agency). Hopefully the embassy doesn't close again...

 

2 hours ago, HRQX said:

When it happened to @FayeAlexandra: "I had a very teary two hour phone call with CBP and convinced them to give me a new ESTA."

I assume she called CBP's Traveler Communications Center.

I tried to check in online with AA the night before my flight, within minutes my ESTA got revoked. I called CBP and then put me through to the department that deals with ESTA's. I told them I was married to US citizen. I had my marriage certificate, copy of husbands passport and birth certificate plus my i130 receipt. He kept me on the line and said apply for another esta now while I'm on the line and he said all he could do was push it for a 72 hour deadline (my flight was in 10 hours) within 20 mins I have the approval. Same situation as the lady above at the airport in Amsterdam I got asked the same questions but was fine. I stayed for 6 weeks. I also had copy of my lease and work contract to show I had tied to the UK. Please just go to the airport prepared, don't check in online and make sure your ESTA is not revoked.

16 minutes ago, ytw95 said:

Good call, I’ll have a look into the Dublin situation. Also I filed DS -160 form today, unable to schedule for B2 interview as London embassy isn’t offering any to non emergency cases. Been on this thing all day, my brain is pretty much fried at this point. It shouldn’t be this difficult 😭😩

See my reply below you'll be fine

[JFH 12,189]

9 minutes ago, FayeAlexandra said:

Its not a passengers word, its written in the proclamation. If you have an ESTA and fall under the exception you can travel

Indeed. But how will an airline employee, who has never met the passenger before or the husband, know for sure that the passenger (who isn’t present at the airport - the passenger is traveling alone) is married to an LPR? It’s not tattooed on my face that my husband is a USC. If you stand at an airport and see a female passenger, traveling alone, how will you know who she is married to and what the husband’s legal status in the US is?

 

I am not saying that the airline staff don’t know the specifics of the proclamation - they absolutely do. We can read English as well as anyone can. But we don’t have magic powers to be able to know whether the passenger is married or not (the marriage certificate doesn’t mean anything - they may have divorced since then or the spouse may be dead) and even if they can find out that she is married they have no way of knowing the status of the husband. The fine for carrying an illegible passenger is tens of thousands of dollars and possible disciplinary action for the employee. It’s not a risk anyone is prepared to take. Hence the embassies have been issuing special B-2 visas with the remark printed on them “confirmed to be exempt from PP...” or words to that effect. That’s why ESTAs are being revoked and only being re-instated once  personal contact has been made and an agent can verify that the person is eligible. 

Edited July 25, 2020 by JFH

[FayeAlexandra 17]

2 hours ago, SusieQQQ said:

Seems a bit pointless to revoke then reinstate because someone cries at you, but I guess if that’s the only option left she may as well try.

 

I used to think ESTA was a great privilege but apparently it’s just one big uncertainty. 

They did not reinstate. I had to apply for a new one and there was no guarantee, its not because 'I cried at them' its because I was exempt from the ban and there was no reason to refuse travel 

[JFH 12,189]

Just now, FayeAlexandra said:

They did not reinstate. I had to apply for a new one and there was no guarantee, its not because 'I cried at them' its because I was exempt from the ban and there was no reason to refuse travel 

You’re not the only one who had theirs revoked. It’s because of uncertainty as to who is exempt and who isn’t. When you reapplied it was manually overridden that you are eligible as you had made personal contact with a human rather than rely on the online system that had no way of knowing whether you are eligible or not. 

[FayeAlexandra 17]

3 minutes ago, JFH said:

Indeed. But how will an airline employee, who has never met the passenger before or the husband, know for sure that the passenger (who isn’t present at the airport - the passenger is traveling alone) is married to an LPR? It’s not tattooed on my face that my husband is a USC. If you stand at an airport and see a female passenger, traveling alone, how will you know who she is married to and what the husband’s legal status in the US is?

 

I am not saying that the airline staff don’t know the specifics of the proclamation - they absolutely do. We can read English as well as anyone can. But we don’t have magic powers to be able to know whether the passenger is married or not (the marriage certificate doesn’t mean anything - they may have divorced since then or the spouse may be dead) and even if they can find out that she is married they have no way of knowing the status of the husband. The fine for carrying an illegible passenger is tens of thousands of dollars and possible disciplinary action for the employee. It’s not a risk anyone is prepared to take. Hence the embassies have been issuing special B-2 visas with the remark printed on them “confirmed to be exempt from PP...” or words to that effect. That’s why ESTAs are being revoked and only being re-instated once  personal contact has been made and an agent can verify that the person is eligible. 

Because the passport, the marriage certificate and the i130 all have dates within the last 6 months. The likelihood of someone being dead or divorced is extreme. I also had to provide address and his contact details of where he was and they called him when I was in the air. 

[SusieQQQ 11,584]

1 hour ago, Jorgedig said:

OP, why not try to depart from Dublin's pre-clearance?  That way you will know before a 5-10 hour flight whether you'll be admitted on that ESTA.  And if not, you could then try to get an interview for a B2 in LDN.

OP's case doesn't fall under what is currently listed as eligible for emergency NIV appointments in London. Of course, she could still try...but IF the esta is revoked then I think her main recourse is going to be Virgin's ticket change policy.

 

Edited July 25, 2020 by SusieQQQ

[Xyrstine 224]

I didnt know they are revoking ESTA's. I travelled with nil concerns from UK to US in early June with ESTA. All that was outside the norm was the airline calling to see if I was eligible to fly beforehand. Also, I was unable to check in online and had to in person.

 

They singled everyone out from the check in line (American Airlines at London Heathrow Airport) who had to provide documentation for their eligibility to a Homeland security personnel (non US citizens etc). I just showed them my marriage certificate and a copy of my husband's passport. He made a call to confirm and let me carry on. The rest of the journey was smooth. No one asked me any further about my right to travel. I only had issues with the fingerprint system during immigration check on landing... I think the officer was too busy trying to get it to work to even stamp my passport. He barely asked much questions aside from the basic why I'm there. I was happy to share that I was in the middle of the CR1 process. I don't think there's any reason to hide it and I have enough ties to my home country.

 

Good to know that you can contact ESTA services in an emergency.

Edited July 25, 2020 by Xyrstine
Additional info

[ytw95 3]

8 hours ago, Xyrstine said:

I didnt know they are revoking ESTA's. I travelled with nil concerns from UK to US in early June with ESTA. All that was outside the norm was the airline calling to see if I was eligible to fly beforehand. Also, I was unable to check in online and had to in person.

 

They singled everyone out from the check in line (American Airlines at London Heathrow Airport) who had to provide documentation for their eligibility to a Homeland security personnel (non US citizens etc). I just showed them my marriage certificate and a copy of my husband's passport. He made a call to confirm and let me carry on. The rest of the journey was smooth. No one asked me any further about my right to travel. I only had issues with the fingerprint system during immigration check on landing... I think the officer was too busy trying to get it to work to even stamp my passport. He barely asked much questions aside from the basic why I'm there. I was happy to share that I was in the middle of the CR1 process. I don't think there's any reason to hide it and I have enough ties to my home country.

 

Good to know that you can contact ESTA services in an emergency.

Really! I’m glad to hear at least some of us had a smooth experience. May I ask how long was your stay? Thanks! 

Edited July 26, 2020 by ytw95

[Xyrstine 224]

1 hour ago, ytw95 said:

Really! I’m glad to hear at least some of us had a smooth experience. May I ask how long was your stay? Thanks! 

4 weeks.