My sister has been taken off the US Visa Waiver Program, can she re-apply? And if so how soon?
My sister was recently denied a visa extension and taken off the Visa Waiver Program, she was trying to get her visitor visa extended so that she could attend my graduation. She was denied and taken off the program - apparently because she didn't have enough ties to New Zealand - even though we as a family own land in New Zealand (it's part of a family trust fund)
We are dual nationality New Zealand-British, but have spent most of our lives in NZ and that's where our family Farm and Vineyard is.
She is 26 years old, she attended three years at the same college I am at here in the states and then went to live and work in London - she came back to visit me on an ESTA visa and for a short holiday whilst on her way back to NZ for a wedding and decided to try to get an extension while she was there - she was told they were removing her from the Visa Waiver program and that she would no longer be able to apply for a ESTA visa. I'm not sure if she has an official letter but can ask.
Can she get back on the Visa Waiver program? and if so how and how long does she have to wait before she can apply?
Best Answer
You can take a look at the Immigration Forum discussion on the same subject. Generally unless it's an emergency(medical, or similar) extension of VWP will not be granted.
You would need to contact the immigration lawyer to see if it is even possible and under what circumstances this could get removed. But my guess this ban is for life.
Now as far as general rules are concerned: USCIS considers anyone over the age of 18 but definitely over the age 21 to be legally an adult, and hence his/her own family. Because of this the fact that your family, meaning your parents or grandparents own something as part of the family trust means exactly nothing for her case. So if your sister was married, or had children, or had property (in her name), or had a steady employment, or was running a business day to day outside the country USCIS more then likely wouldn't raise a concern.
The whole point that USCIS and every other immigration authority is trying to determine is: the person granted a VISA(VWP or not) will leave the country. She couldn't prove that case to their satisfaction.
The simplest solution would have been to go to an island in the country like Costa Rica and reapply from there for another VWP.
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Answer 2
It's hardly necessary to go to Costa Rica (as Karlson suggested) to re-apply. This is not a visa. I think folks are getting the terms VWP and ESTA confused. I assume that the ESTA has been cancelled. One applies for an ESTA online.
Mine was cancelled a few months ago. I received an email from CBP:
There has been an update to your ESTA Travel Authorization Status submitted on May 6, 2014. Please visit https://esta.cbp.dhs.gov/esta to check your application.
ESTA Program Office
The website said:
Application Status
Travel Not Authorized
You are not authorized to travel to the United States under the Visa Waiver Program. You may be able to obtain a visa from the Department of State for your travel. Please visit the United States Department of State website at www.travel.state.gov for additional information about applying for a visa.
I now have a visa - but in any case, the reason for the cancellation of the ESTA has changed, and I've re-applied successfully.
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