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UK citizen with US spouse. ESTA problem?

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Old May 3, 2020, 6:53 am
  #1  
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UK citizen with US spouse. ESTA problem?

My wife is a US citizen with a house outside Los Angeles. I am a UK citizen resident in the Cayman Islands. We are both currently stranded in London and wish to travel together to California.

The latest US proclamation states that the spouse of a US citizen can enter the US, but, if we've been in the UK prior to travel, we'll need to self-isolate for two weeks on arrival. Fine.

But I do not have a visa and normally travel on an ESTA which was recently granted. The problem is that many have reported that their ESTAs are being terminated before travel if they intend to start their journey in the UK. My question: how do I stop my ESTA automatically being cancelled? I have our marriage certificate from eight years ago, but would like to have some "permission" sorted out before the day of travel, rather than having to present my documentation to a check-in agent.

The DHS states that the responsibility is with the airline. Has anyone else been in a similar position, please?
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Old May 3, 2020, 7:04 am
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I suspect this is one where it's worth contacting the US embassy directly. However won't you have to convince them that you intend to leave before 90 days is up? I could potentially see them getting twitchy if there's any hints that you want to stay.
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Old May 3, 2020, 7:11 am
  #3  
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Originally Posted by Dave_C
I suspect this is one where it's worth contacting the US embassy directly. However won't you have to convince them that you intend to leave before 90 days is up? I could potentially see them getting twitchy if there's any hints that you want to stay.

I've travelled to the US with my dual US/UK citizen spouse many times under an ESTA with zero problems. In fact, because I'm travelling with a US citizen we get to join the citizen queue at US immigration. It is very unlikely the OP will have any problems in that regard - what may throw up a problem is that he is not a US citizen and may need to abide by whatever covid-19 restrictions the US government has in place. Travel to the US at this time not being a US citizen may be a problem irrespective of the nationality of the OPs spouse.

A call to the embassy is a good idea.

Last edited by USA_flyer; May 3, 2020 at 7:19 am
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Old May 3, 2020, 7:47 am
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Originally Posted by Full Score
... My question: how do I stop my ESTA automatically being cancelled? I have our marriage certificate from eight years ago, but would like to have some "permission" sorted out before the day of travel, rather than having to present my documentation to a check-in agent.

The DHS states that the responsibility is with the airline. Has anyone else been in a similar position, please?
There appears to be no system in place to prevent an ESTA from being cancelled before departure. Should the US cancel your ESTA you will be unable to travel to the USA notwithstanding the fact that otherwise you appear to be qualified for travel.

I suspect your only alternative would be to apply for a B2 visa, if they will allow that. The US Embassy did say it intended to provide emergency visa services for applicants who are not subject to the Presidential Proclamation. Calling the Embassy will be your best option, they will advise if there is a way to prevent your ESTA from being automatically cancelled or, if not, whether they will accept an application from you for a B1/B2 visa.
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Old May 3, 2020, 8:14 am
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Originally Posted by Tobias-UK
Calling the Embassy will be your best option.
This and only this. Your question is an immigration question. Unless someone here is a lawyer, I don’t think anyone will be able to give you a sound recommendation.

However, please report back what the embassy tells you for anecdotal evidence if this question comes back in the future.
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Old May 3, 2020, 9:11 am
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Googling provides some insight:

https://uk.usembassy.gov/information...d-19-outbreak/

I believe the travel restrictions do not apply to me, and I have a valid visa/I have a valid registration under ESTA. What should I do?Information about the status of ESTA registrations at this time is provided through the only official ESTA registration at https://esta.cbp.dhs.gov

If your ESTA was cancelled but you believe that you fall under one of the exemptions identified in the Proclamation, please refer to the Travel Proclamation Help on the ESTA website for guidance.

If you believe that the travel restriction does not apply to you, we suggest that you contact your airline for the latest information about your travel plans and any restrictions.

If you travel, we suggest that you carry any official original documentation that you have that you believe demonstrates why you are exempt from a travel restriction, such as a Permanent Resident card (commonly known as a Green Card), a marriage certificate or a birth certificate, so that it is available if it is requested for review.
Linked from above:
https://esta.cbp.dhs.gov/

Linked from above:
https://esta.cbp.dhs.gov/faq?focused...0Proclamations

My ESTA was cancelled but I believe that I fall within one of the exemptions identified within the Proclamation – what should I do?

Individuals that believe they are exempt from these Proclamations and are abroad may contact their air carrier for additional guidance. Travelers who believe they fall within an identified exemption are encouraged to seek guidance in advance of planned travel to avoid travel disruptions.

Air carriers are directed to contact the RCLG for additional guidance.
RCLG appears to be Regional Carrier Liaison Group

Found in https://www.cbp.gov/sites/default/fi...%20ENGLISH.pdf (Carrier Information Guide Feb 2019) :
Regional Carrier Liaison Groups (RCLG) have been created by CBP to assist carriers with questions regarding U.S. entry, with a primary focus on assisting overseas carriers to determine the authenticity of travel documents. The RCLG will respond to carrier inquiries concerning the validity of travel documents or admissibility of travelers. Once a determination is made on validity or admissibility, the RCLG will make a RECOMMENDATION whether to board the passenger or to deny boarding. The final decision to board or not board lies with the carrier. Regional Carrier Liaison Groups have been established in Miami, New York and Honolulu.

If you are located at an airport serviced by the Immigration Advisory Program (IAP) or the Joint Security Program (JSP), contact should be made with either an IAP or JSP officer.

The RCLGs are available 24 hours a day. This service is available to all carriers worldwide for any flight destined to the United States.

RCLG - SERVICE AREAPHONE NUMBER
Honolulu - Asia, Pacific Rim 808-237-4632
Miami - Latin America, Caribbean 305-874-5444
New York - Europe, Africa, Mid-East 718-553-1783
So it seems the best course is to contact your carrier and have them contact the RCLG (or IAP or JSP if applicable) for guidance before travel so they will have documentation that you are allowed to enter the US before you board. And, carry the copy of your marriage certificate with you when you travel.
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Old May 3, 2020, 9:17 am
  #7  
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Originally Posted by skimthetrees
Googling provides some insight:

https://uk.usembassy.gov/information...d-19-outbreak/



Linked from above:
https://esta.cbp.dhs.gov/

Linked from above:
https://esta.cbp.dhs.gov/faq?focused...0Proclamations



RCLG appears to be Regional Carrier Liaison Group

Found in https://www.cbp.gov/sites/default/fi...%20ENGLISH.pdf (Carrier Information Guide Feb 2019) :


So it seems the best course is to contact your carrier and have them contact the RCLG (or IAP or JSP if applicable) for guidance before travel so they will have documentation that you are allowed to enter the US before you board. And, carry the copy of your marriage certificate with you when you travel.
This is the method that has repeatedly worked in late March and in April. It worked even for those who had their ESTA cancelled:

https://www.flyertalk.com/forum/32212311-post426.html
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Old May 3, 2020, 3:35 pm
  #8  
 
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Would cancelled ESTA show as such here:
https://esta.cbp.dhs.gov/estaStatus
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