Immigration Corner | Why did they revoke my ESTA?

Dear Mrs Walker-Huntington,

I am a Jamaican who has been living in the Cayman Islands for over 40 years. I found your information in the Jamaica Gleaner and I’m reaching out to you about an issue I have in obtaining a US visa.

In 2017 I booked a flight to travel to the US on an ESTA, only to be told that there was an issue with the ESTA so I could not travel. They advised me to get a visa. Prior to that, I travelled with ESTA for years.

I went to Jamaica for the visa appointment, but they did not issue me a visa and didn’t give me a reason. I tried a second time and the same thing happened. I have been so stressed over the years not knowing why I cannot get a visa. I have never overstayed my time in the US and I have no criminal record.

Do you have any way to assist me or any suggestions? Thanks for your time.

– ST

Dear ST,

I know it can be stressful when a person applies and cannot get a visa and are not told why at the US Embassy.

ESTA – the Electronic System for Travel Authorization – allows citizens of specific countries (40 in total) to travel to America under the Visa Waiver Program (VWP). This simply means that they can travel to America without a visa. However, if a person has issues in their record, they can be made to apply for a visa, just like citizens of no-VWP countries must comply and qualify to receive the visa.

To qualify for a non-immigrant visa to America, you must be admissible. Persons from non-VWP countries, like Jamaica, must apply and be approved for a non-immigrant visa. When such persons apply for a visa, they go through a subjective process and even if they demonstrate significant ties to their home country, they can still be denied the visa.

In your situation, where you actually had ESTA and it was revoked, there has to be something in your records that prompted this action. It could be a myriad of reasons. You could have misused the ESTA in the amount of time you spent in America, how often you travelled, if you worked while being in America on ESTA, etc. Although you said that you do not have a criminal record, if your name surfaced during a criminal investigation, or if you are associated with someone with criminal ties – that could be the cause of the revocation.

No one is entitled to a visa or to maintain ESTA status, and the US Embassy does not have to inform you as to why your status was revoked and why you are now inadmissible to America. If you can determine why you are inadmissible, you could apply for a non-immigrant waiver to make a factual and legal argument to the US government as to why you should be granted a US visa.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator, and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com