ESTA denied because overstay - how to appeal?
My father's ESTA was cancelled after he overstayed with 3 months due to Covid.
It was extended every 30 days because his flight was cancelled and there were no flights to Europe in that period of time, that's why they always approved the requested extensions.
When I checked his ESTA status after I received an email that it has been changed I saw his ESTA was cancelled and he should apply for a Visa.
What is the best thing to do?
He didn't do anything illegal, he just couldn't leave the country due to Covid. My father is old and I don't want him to go through the stress related with applying for a visa, ESTA was so easy and he never would stay longer than 3 months, no need for a visa which would allow him to stay for 6 months. Thank you very much for your help.
Best Answer
If you're sure he left within a 30-day grace period (i.e. it didn't expire), then e-mail the CBP at esta@cbp.dhs.gov and tcc@cbp.dhs.gov, explaining the situation in clear detail and attaching ALL supporting documentation, including his passport. Politely request that they revoke your father's VWP ineligibility on the basis that he was given satisfactory departure three times (again, attach proof) and left within the granted period
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How do I appeal a denied ESTA?
If you believe you were incorrectly denied, you may go to the DHS/TRIP Web site and file a redress request through the DHS Travel Redress Inquiry Program. If you think you may have answered \u201cYes\u201d incorrectly and were denied as a result, you should contact CBP directly.Can I reapply if my ESTA is denied?
If an ESTA is denied and the travelers circumstances have not changed, a new application will also be denied. If an ESTA is denied and the travelers circumstances have changed, a new application can be submitted, but there are no guarantees the application will be approved.Can I appeal my ESTA?
But what if I can't get an ESTA? There is no scope for appeal. The ESTA website states that \u201cin the event you are not approved for a travel authorization, no court shall have jurisdiction to review an eligibility determination under ESTA.\u201d However, this is not necessarily the end of the matter.Can I apply for ESTA after visa denial?
If you were previously denied a visa, or previously refused entry to the United States, or previously removed from the U.S., your ESTA application will most likely be denied.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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