We noticed that you're using an unsupported browser. The TripAdvisor website may not display properly.We support the following browsers:
Windows: Internet Explorer, Mozilla Firefox, Google Chrome. Mac: Safari.

my ESTA was not authorized when I tried to renew it

Aldershot, England...
2 posts
Save Topic
my ESTA was not authorized when I tried to renew it

Hi There,

I was wondering if anyone could help me.

I'll start at the beginning...

in sept 2009 I was denied a visa to visit my girlfriend in the USA under section 214b (not enough ties to UK) I was out of work and living with my parents so it did make sense.

However I applied for ESTA and received approval later that month and have travelled to the USA to visit my gfriend (now my wife) twice since with no problems at all.

I tried to renew this in Jan this year (2012) and it was 'not authorized.'

I have read that just because you are denied under section 214b you should still be able to use the VWP...and I have been approved before, so the only change in my circumstances is I have married an American woman (who I have been visiting all along) I have a property in the UK that I own and have plenty of documents to prove my ties here.

I have applied through DHS Trip Redress and they are still looking into it, but my holiday is in a month's time and I am getting worried. I have already called the airline and they said I could still go aslong as I have the ESTA number and Redress number...but some forums and sites so don't risk it??

I'd appreciate anyone's comments on this please !!

Llandudno North...
Level Contributor
2,584 posts
18 reviews
Save Reply
1. Re: my ESTA was not authorized when I tried to renew it

Just apply for a standard visa go to the embassy and explain the situation.

They may think that now you are married you are going over to live with your wife and won't return to the UK.

I wouldn't take any chances using your previous ESTA number. US is very strict on these things and could ban you permanently if they think you were trying to enter fraudulently.

Edited: 6:03 am, February 24, 2012
Bingley, United...
Destination Expert
for Edinburgh
Level Contributor
33,230 posts
Save Reply
2. Re: my ESTA was not authorized when I tried to renew it

Now you are married to her your circumstances have changed totally. I'm not even certain you'd be able to obtain a visitors visa as they'll take the attitude that you have an American wife and hence liable to overstay.

Be prepared to contact - and pay for - an US immigration lawyer. In the meantime expat websites (both UK & US) are more likely to know what to do than a travel website.

And for goodness sake don't even attempt to enter the US until it's all sorted out.

Edited: 7:12 am, February 24, 2012
London, United...
Level Contributor
2,545 posts
322 reviews
Save Reply
3. Re: my ESTA was not authorized when I tried to renew it

Definitely go the embassy and deal direct for any hope of getting a visa.

You are not eligible for the VWP because one of the questions on the green I94 asks specifically if you've ever been denied a visa and when you answer "Yes" this invalidates using the form.

The marriage aspect is unclear, because if either you or she went to/from the US for the purpose of getting married but did not seek and get a visa for the purpose of marriage, then this is likely to cause you problems.

Book an appointment asap - far to risky to be using a third party, and far too near the departure date.

Bingley, United...
Destination Expert
for Edinburgh
Level Contributor
33,230 posts
Save Reply
4. Re: my ESTA was not authorized when I tried to renew it

The refused visa means you cannot use ESTA. If you use your previous ESTA and go to the airport to check in then if you are lucky you will be refused boarding. If you are unlucky you'll get to the States then refused entry and sent back on the next flight. If you are really unlucky you get to wear those classy manacles and an orange boilersuit & a night in the cells with the other criminals. You will then be charged for the cost of your return to the UK. In the latter two cases you will be banned from the US for at least 5 years possibly a lot more.

So to repeat DON'T TRY TRAVELLING TO THE USA until you sort things out.

Aldershot, England...
2 posts
Save Reply
5. Re: my ESTA was not authorized when I tried to renew it

Thanks everyone for your comments....

I went to the embassy and got my B2 visa application accepted for 10 years. I was pretty nervous but I must say the embassy and security staff are a lot nicer these days! She didn't even look at my documents.

I know I have been lucky to get this done just in the nick of time..and can strongly recommend to anyone in my situation to avoid calling up all the time asking for advice on the "help" line and book an interview.

Thanks again !!

Chicago
Level Contributor
7,167 posts
1 review
Save Reply
6. Re: my ESTA was not authorized when I tried to renew it

Glad it got resolved and have a good time with your bride.

United Kingdom
Level Contributor
563 posts
48 reviews
Save Reply
7. Re: my ESTA was not authorized when I tried to renew it

i went to LA last week and wasnt even asked for it when i went through immigration

i assume they just have your name on file

Llandudno North...
Level Contributor
2,584 posts
18 reviews
Save Reply
8. Re: my ESTA was not authorized when I tried to renew it

An ESTA isnt a document, its authorisation to travel, its on file and the department of homeland security let the airlines know if all passengers have the permission to travel before you get near an aircraft

Its not something you need to show or hand in, although a print out of your authorisation is always helpful to have incase of issues.

:-)

Bangkok
Destination Expert
for Bangkok, Air Travel, Thailand
Level Contributor
15,662 posts
71 reviews
Save Reply
9. Re: my ESTA was not authorized when I tried to renew it

Hi,

As an aside, a good point to remember with the US and visas is the basis for a refusal under 214(b) which along with 212(a), are some of the most common grounds for a visa refusal.

A read of the actual text of INA 214(b) gives a very good 'insight' into the logic and reasoning behind why one might been deemed a 214(b) refusal.

In part it says:

"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15)."

Commonly referred to as the Presumption of Status. The USCIS takes the view point that >>until proven otherwise<<, they assume you're an intended immigrant (will not return to your origin country) UNTIL you can satisfactorily prove otherwise.

USCIS:

uscis.gov/ilink/…0-0-0-3422.html

Travel Safe,

Edited: 6:30 am, March 03, 2012
Llandudno North...
Level Contributor
2,584 posts
18 reviews
Save Reply
10. Re: my ESTA was not authorized when I tried to renew it

After announcing he had married an american citizen it did surprise me how easily the OP seemed to get his B2, I would have thought the chance of the OP not returning would have increased and as such the questioning, but apparently not.

Glad he got the outcome he was looking for and in time!!

:-)