Denied connecting flight in Istanbul to US due to cancel Schengen Ticket

[CBanksRN 34]

Long shot but...I'll try to keep it short

My mother-in-law is an IR-5 from Republic of Georgia. All commercial airlines were shutdown for the longest and only now starting to slowly open up. Her visa is expiring on August 3. We booked a flight with KLM but it transited through Amsterdam. Found out she couldn't even transit, so quickly cancelled the flight. Called CBP verified that IR-5's were being admitted into US and that Istanbul route would be acceptable. She crossed the land border by foot into Turkey and took a 3 hour taxi to Trabzon (nearest Turkish airport) and was to fly Trabzon-Istanbul-San Francisco-Phoenix. She was denied boarding by Turkish Airlines on to her Istanbul-San Francisco connection without explanation. After numerous calls and emails to Turkish Airlines, US Georgian Consulate, US Turkish Consulate, and CBP. CBP stated that it could be the previously booked KLM flight causing the issue. They advised to call Turkish Airlines or KLM to correct the situation by contacting Regional Carrier Liaison Group (RCLG). Turkish said tough luck. KLM refused to attempt to correct the situation with RCLG.

 

We submitted a Traveler Redress Inquiry Program (DHS TRIP) request but was informed that could take 3-6 months to get a redress number if we got one at all. Was also told to remain out of Schengen Country 14+1 days AFTER the scheduled KLM flight departure date!!!

 

US Consulate in Georgia is refusing a visa extension. If she goes back to Georgia she automatically gets placed in 14-day mandatory COVID quarantine and possibly have a true exposure to COVID in the state COVID hotel. Every route leads to after the expiration of her visa. We have a call into our State Senator. 

 

Anything else we could? Any good litigation lawyers out there?

Thanks!

[geowrian 22,337]

As you have become aware, she can't travel through the Netherlands unless she is exempt from the travel ban: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/

The IR-5 category is not exempt from the physical presence ban above. A parent of a USC or LPR child under age 21 is. So there would need to be child other than the petition that meets that condition for her to be exempt.

 

The trip through Istanbul appears to be fine off-hand. That said, the airline reserves ultimate authority to deny any passenger from being boarded.

I would suggest working with/through them to get the boarding issue resolved, or finding another route or airline that can work.

 

If you're looking to litigate something, it would need to be to sue the airline so I would suggest somebody local who knows local carrier agreements. Although as noted above, generally the airline reserves every right to deny boarding. Even then, generally at most they would be liable for the value of the ticket and/or possibly return or onward travel. Any delay of an opportunity to immigrate would not be something as court would generally be able to put a value on.

[retheem 568]

Best route right now is fly to Dubai, Doha or Abu Dhabi- or Jeddah. Then fly to the US

[CBanksRN 34]

Thanks everyone. So here's an update after extensive investigation...

 

Since we booked the flight with a transit through a CoVid restricted country and EVEN is you immediately cancelled the flight the information from the Advanced Passenger Information (API) System. All airlines fly in and out of the United States must report to a Passenger Name Record (PNR) to this database. The Regional Carrier Liaison Group (RCLG) is responsible for carrying out the Presidential Proclamation concerning travel to banned countries. The system flags your passport even just for a cancelled booking and will not allow you to board the flight to the United States even at your connecting flight. Turkish Airlines says they are not responsible for the travel back to your originating flight. 

 

So she will not be able to board a flight to the US until 14+1 days after the scheduled departure date from the Schengen zone on the cancelled flight. That's correct even if she was not on the actual flight. CBP will not allow her to board until then. There is nothing to do. KLM could not remove it. Evidence of cancellation and not on the flight does not help. Evidence of being in a totally different country at the very time of the flight does not help. Absence of passport stamps or entrance records does not help. The consulate and your state senator cannot help. 

 

So conclusion...

She is having to travel back to her home country where she will placed in routine mandatory quarantine in a state facility and hopefully not contract an acquired infection. Her visa will expire and will not be able to reapply until sometime in 2021 - IF they lift the ban on IR-5 visas.

 

Interesting enough that our state alone has 300% more cases of CoVid than the Netherlands (where her imaginary travel) has. I just don't understand the travel ban when only 3 of the top ten CoVid countries are on the ban and four of our states have higher numbers than those countries. 

 

My family is distraught. We pray she makes it through this safe and healthy. 

 

Good luck and do NOT book a flight through one of the banned countries. 

[Jöla 27]

This is insane. Very sorry to hear this and best of luck to your family.

[millefleur 5,047]

This sounds like a Kafkaesque nightmare. Thank you for sharing this valuable information so others can be warned.

[AliTan 53]

This is heartbreaking.  Seems like a situation that could be easily fixed if they cared to.  I'm so sorry. 

[elitovsky 0]

My wife and I are devastated!  We just had the exact same thing happen to her mother!

She booked a flight  Kiev -> Paris -> LA and was denied boarding in Kiev because travel to US via Europe is restricted.
 

We cancelled the original flight and re-booked a new flight: Kiev -> Istanbul -> LA. 

She was denied boarding to her connecting flight in Istanbul because she had previously booked flight through Paris.

 

Nobody told us, and we did not know.  Now she has to return to Kiev and try again. 

This system is broken.  

It's hurting families.

It is causing extreme stress.

 

I only wish I had known these things sooner and could have avoided this whole mess. 

Airlines should be required to inform passengers of all potential travel restrictions especially when booking travel on-line.  There is no excuse for this kind of negligence.

 

Does anyone know if there is a quick way to check and make sure a name is not on any restricted list and is clear to travel?

[retheem 568]

On 6/20/2021 at 1:41 AM, elitovsky said:

My wife and I are devastated!  We just had the exact same thing happen to her mother!

She booked a flight  Kiev -> Paris -> LA and was denied boarding in Kiev because travel to US via Europe is restricted.
 

We cancelled the original flight and re-booked a new flight: Kiev -> Istanbul -> LA. 

She was denied boarding to her connecting flight in Istanbul because she had previously booked flight through Paris.

 

Nobody told us, and we did not know.  Now she has to return to Kiev and try again. 

This system is broken.  

It's hurting families.

It is causing extreme stress.

 

I only wish I had known these things sooner and could have avoided this whole mess. 

Airlines should be required to inform passengers of all potential travel restrictions especially when booking travel on-line.  There is no excuse for this kind of negligence.

 

Does anyone know if there is a quick way to check and make sure a name is not on any restricted list and is clear to travel?

Sorry, it is your responsibility to do research and to make an informed choice. Look, why would you want to go thru a place that could potentially put you into trouble? Flying through Europe as a whole is asking for trouble right now.