ESTA denied, Visa already >6months (!) in Administrative processing, help!

[EagerVisa 1]

Hi everyone,

 

I need help and advice on getting my US Visa. Thanks in advance for your replies!

 

My US Visa is in “administrative processing” since August 2023 (for more than 6 months). My full Visa application is already pending for a year!

I would like advice how I can best speed up this process. I am also curious to get a better feeling how well my chances are getting a US Visa still.

 

Brief description of the case:

• In Okt 2022 I was able to travel to US under ESTA. In Feb 2023 my ESTA status changed to “Travel Not Authorized”.  Not really sure why. 
• As such I needed to apply for a Visa. In Feb 2023, I applied for a Non-immigrant Tourist Visa (B2). My interview was due to backlogs only in August 2023.
• At the end of my interview I was told my Visa could not been granted yet, and they needed more information. I was only asked to complete the DS-5535 form (travel history) and I was put in Administrative processing. No other further questions were asked so I assume that is all ok.
• Today, it has been > 6 months without getting more update than "we are moving as fast as we can but no updates, please remain patient"

 

I have a strong feeling this is all related to my short (< 2weeks) tourist travel to Cuba in 2015 and me unfortunately answering this question wrong during the Visa interview. 

When applying for my ESTA in 2022 and 2023, Cuba was not mentioned in the Esta application (only Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria or Yemen).

In the Visa interview, I was expecting the same question and answered pretty fast “No” when later realizing the consolation officer asked these countries, but also Cuba.
In my requested travel history, I off course mentioned I did go to Cuba in 2015 for 2 weeks (as to many other but 'safe' countries, always <2weeks, always clearly tourism)

 

I found that the regulations to travel under ESTA were, at the moment I applied, that anyone who had been in Cuba after 2011 could not travel under ESTA, and need a VISA.

Now, the rule is updated to anyone who traveled to Cuba after 2021 can’t go via ESTA, but anytime earlier should be fine. Hence I re-applied for an ESTA again last week (which now does ask for Cuba which you can answer Yes, and then you have to fill in when and for how long), but it got denied again. So it seems my Visa is preventing me from getting ESTA now.

 

My questions are: 

1. Is there anything that can be done to speed up the Administrative process getting my US Tourist Visa? 

2. From your experience, how do you see this very long waiting time and, reading the case how do you think my chances are still getting one?

3. Could it be an alternative to travel to US via Canada as it seems US ESTA/VISA is then not needed. Would that be an alternative or potentially harm my Visa application?

 

Thank you!

 

 

 

Edited February 28 by EagerVisa

[Boiler 45,657]

No

 

Good

 

that used to be the case but not now

 

you can try and bug them

[SalishSea 17,921]

3 hours ago, EagerVisa said:

Hi everyone,

 

I need help and advice on getting my US Visa. Thanks in advance for your replies!

 

My US Visa is in “administrative processing” since August 2023 (for more than 6 months). My full Visa application is already pending for a year!

I would like advice how I can best speed up this process. I am also curious to get a better feeling how well my chances are getting a US Visa still.

 

Brief description of the case:

• In Okt 2022 I was able to travel to US under ESTA. In Feb 2023 my ESTA status changed to “Travel Not Authorized”.  Not really sure why. 
• As such I needed to apply for a Visa. In Feb 2023, I applied for a Non-immigrant Tourist Visa (B2). My interview was due to backlogs only in August 2023.
• At the end of my interview I was told my Visa could not been granted yet, and they needed more information. I was only asked to complete the DS-5535 form (travel history) and I was put in Administrative processing. No other further questions were asked so I assume that is all ok.
• Today, it has been > 6 months without getting more update than "we are moving as fast as we can but no updates, please remain patient"

 

I have a strong feeling this is all related to my short (< 2weeks) tourist travel to Cuba in 2015 and me unfortunately answering this question wrong during the Visa interview. 

When applying for my ESTA in 2022 and 2023, Cuba was not mentioned in the Esta application (only Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria or Yemen).

In the Visa interview, I was expecting the same question and answered pretty fast “No” when later realizing the consolation officer asked these countries, but also Cuba.
In my requested travel history, I off course mentioned I did go to Cuba in 2015 for 2 weeks (as to many other but 'safe' countries, always <2weeks, always clearly tourism)

 

I found that the regulations to travel under ESTA were, at the moment I applied, that anyone who had been in Cuba after 2011 could not travel under ESTA, and need a VISA.

Now, the rule is updated to anyone who traveled to Cuba after 2021 can’t go via ESTA, but anytime earlier should be fine. Hence I re-applied for an ESTA again last week (which now does ask for Cuba which you can answer Yes, and then you have to fill in when and for how long), but it got denied again. So it seems my Visa is preventing me from getting ESTA now.

 

My questions are: 

1. Is there anything that can be done to speed up the Administrative process getting my US Tourist Visa? 

2. From your experience, how do you see this very long waiting time and, reading the case how do you think my chances are still getting one?

3. Could it be an alternative to travel to US via Canada as it seems US ESTA/VISA is then not needed. Would that be an alternative or potentially harm my Visa application?

 

Thank you!

 

 

 

Could it be an alternative to travel to US via Canada as it seems US ESTA/VISA

 

What do you mean?  Do you really think there is no CBP/passport control at the land border?

Edited February 29 by SalishSea

[Boiler 45,657]

30 minutes ago, SalishSea said:

Could it be an alternative to travel to US via Canada as it seems US ESTA/VISA

 

What do you mean?  Do you really think there is no CBP/passport control at the land border?

 

hmmm

 

Best discussed in CEHST

[SalishSea 17,921]

2 hours ago, Boiler said:

 

hmmm

 

Best discussed in CEHST

Nah.  The OP needs to realize that being in AP for a visitor visa doesn't mean that crossing at the northern border is a viable alternative.  

[Boiler 45,657]

I am not sure what the OP had in mind, in the time before ESTA you completed the I 94 on the plane and it was sort of similar at the Canadian border until relatively recently. The VWP fee was included in the ticket price, at the Canadian Border you paid, $6 I think.

 

However the requirements to use the VWP have not changed so ESTA etc is irrelevant, she needs a visa.

[EagerVisa 1]

Thank you all for your responses.  I was just trying to think out of the box with the Canada idea as I read somewhere that border control is in place, but no need for ESTA or VISA. I think ESTA is needed.

So that's not going to happen. 

 

I also read you can file for a writ of mandamus lawsuit to get the government take a decision within a decent timeframe (60 days). Any experiences on that, also from a cost perspective?
Is it worthwhile doing for just a tourist visa?

 

 

[Boiler 45,657]

1 hour ago, EagerVisa said:

 

 

I also read you can file for a writ of mandamus lawsuit to get the government take a decision within a decent time frame (60 days). Any experiences on that, also from a cost perspective?
Is it worthwhile doing for just a tourist visa?

 

 

Wake up in the middle of the night....

 

Let me try again costs about 5k and of course a visitor visa is discretionary so they could just refuse.

Edited February 29 by Boiler

[EagerVisa 1]

 

2 minutes ago, Boiler said:

 

They have made a decision.

 

How do you mean? They have not yet, I am still in Admin processing.

 

 

[Boiler 45,657]

Edited I thought it was the other thread.

[EagerVisa 1]

8 minutes ago, Boiler said:

Wake up in the middle of the night....

 

Let me try again costs about 5k and of course a visitor visa is discretionary so they could just refuse.

 

Ok thanks that is a lot of money to spend. 

 

Maybe it's just best that I keep reminding them for now. 

I have been a bit scared to send in more information / evidence that prove things they did not ask for but maybe that's the way to go.

 

 

 

 

[Rocio0010 5,579]

Your timeline is incomplete. 

 

What country are you from?

Which embassy are you going through?

 

Why are you so interested in visiting the US?

 

Why did you not mention "Cuba" in your application?

 

Is this the only omission/lie in your application?

 

I don't think you're getting that US visa. Time to vacation somewhere else.

[Boiler 45,657]

https://www.tui.co.uk/destinations/caribbean/cuba/holidays-cuba.html

 

I knew quite a few people who went on holiday to Cuba, and one guy who went on Business every year, is it a major UK Holiday destination no, but not that uncommon.

 

I think a lot of Canadians go there as well.

 

I can see that the US focus on Cuba would not be known.

[SalishSea 17,921]

On 2/28/2024 at 11:34 PM, EagerVisa said:

Is it worthwhile doing for just a tourist visa?

No.  No one has a "right" to a nonimmigrant visa.  

[EagerVisa 1]

On 2/29/2024 at 2:19 PM, Rocio0010 said:

Your timeline is incomplete. 

 

What country are you from?

Which embassy are you going through?

 

Why are you so interested in visiting the US?

 

Why did you not mention "Cuba" in your application?

 

Is this the only omission/lie in your application?

 

I don't think you're getting that US visa. Time to vacation somewhere else.

 

Thanks for your reply. I wish not to share where I am from/which embassy but its a very safe country in Europe, that normally is allowed to travel under ESTA.

 

I just want to go to the US to visit a friend who lives there. Ive been there once in 2022 when my ESTA was granted, but it got revoked afterwards. Might be a system error caused by me accidentally re filing a new ESTA, when the old one was still valid. Or, it could be the Cuba situation in 2015 that they saw as a reason to revoke my ESTA. 

 

I was not aware Cuba was 'a thing' until after the Visa interview. Cuba was NOT included in the ESTA questions (only Sudan, Iran, North Korea etc). When in the interview, the officer asked if Ive been to these countries and I answered "No".

I was pretty nervous and not been to all the other countries so I answered to quickly unfortunately. As the Admin Processing asked for my travel history, I started searching and saw Cuba is "a thing" and off course I included it in my answer that I DID go there.

 

This is the only omission in my application. Furthermore I am as clean as it gets I think. I own a house, have sufficient funds, a job, a business, no record, I have family and a pet here. Its really mind boggling why its so hard to get that Tourism Visa..